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HomeMy WebLinkAbout05-02-2018 Agenda BackupCITY 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, MAY 2, 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.You mail your request to speak to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3-minute-per-person time limit for all comments, excluding quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on quasi-judicial hearing items will have three minutes for each item. 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 May 2, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/27/2018 o 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 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 Kathrine Redmon v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1809053 Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1712424 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 Joint Regular Meeting Agenda May 2, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/27/2018 People of the State of California, et al., v. MJ, Inc., et al., San Bernardino County Superior Court Case No. CIVDS1516186 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 INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Elected Official Compensation Commission Appointments Recommendation: Approve the appointments of Rosina Motta, James Hall, Peggi Hazlett, Michael Tacchia, Thomas J. Pierce, and Cynthia A. Ludvigsen to the Elected Official Compensation Commission. PRESENTATIONS 2. Student of the Month – Hazael Perez Carellos – Council Member Benito Barrios 3. Citizen of the Month – Art Davis – Council Member John Valdivia 4. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE 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 May 2, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/27/2018 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. 5. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated May 2, 2018. 6. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for April 2018. 7. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Special Meeting of March 5, 2018 and Regular Meetings of March 7, 2018, April 4, 2018, and April 18, 2018. 8. Joint Use Agreement with San Bernardino Valley Municipal Water District for the Foothill Pipeline Relocation Recommendation: Adopt Resolution No. 2018-120, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Joint Use Agreement with the San Bernardino Valley Municipal Water District for the relocation of the Foothill Pipeline. 9. Approving the Destruction of Certain Obsolete Liability Claims by the Human Resources Department Recommendation: Adopt Resolution No. 2018-121, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain obsolete liability claims by the Human Resources Department. 10. Center for Employment Opportunities Agreement Recommendation: Adopt Resolution No. 2018-122, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement with Center for Employment Opportunities for the execution of Citywide landscape maintenance services. Joint Regular Meeting Agenda May 2, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/27/2018 11. Issuance of a Purchase Order to National Auto Fleet Group for Ford Super Duty F-250 Trucks Recommendation: Adopt Resolution No. 2018-123, a 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 National Auto Fleet Group for the purchase of six (6) 2019 Ford Super Duty F250 -SRW (F2A) XL 2WDD regular cab vehicles with Harbor 8" TradeMaster Service Body and Over Cab Ladder Rack in the amount of $229,542. 12. Joint Use Agreement with Southern California Edison for Waterman Industrial Center South of Dumas Street Recommendation: Adopt Resolution No. 2018-124, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Joint Use Agreement with the Southern California Edison Company for the relocation of Company facilities in connection with Development Permit Type-D 15-11. 13. Final Reading – Development Code 18-01 Veterinary Services Recommendation: Accept for final reading and adopt Ordinance No. MC-1492, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approving Development Code Amendment 18-01 to amend Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code to allow Veterinary Services (with animal boarding) within the Commercial General (CG-3) Zone subject to the approval of a Conditional Use Permit. 14. First Amendment to the Agreement with the State of California, Office of Administrative Hearings for hearing officer services Recommendation: Adopt Resolution No. 2018-125, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a First Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings to increase the total amount by $147,710 and authorizing the Director of Finance to increase the Purchase Order for a total amount not to exceed$195,710. Joint Regular Meeting Agenda May 2, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/27/2018 15. Continue Report on Verdemont Community Center Recommendation: Continue the Verdemont Community Center report to May 16, 2018 to allow staff additional time to gather the requested information; analyze data and report to Council. STAFF REPORTS 16. Audited Financial Statements for Fiscal Year 2017 Recommendation: Review and discuss the completed audited financial statements for Fiscal Year 2017 and receive an oral presentation. 17. Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle License Fee Swap Agreement Recommendation: Review and discuss the Fire Annexation 2016/17 financial and operational update and proposed renegotiated Vehicle License Fee (VLF) Swap Agreement with the County of San Bernardino and adopt Resolution No. 2018-126, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 1 to the Vehicle License Fee (VLF) Swap Agreement with the County of San Bernardino. 18. Police Department Crime Analysis Response Times and Department Calls for Service Recommendation: Receive and file the Police Department Crime Analysis Response Times and Department Calls for Service report. PUBLIC HEARINGS 19. Development Code Amendment (Zoning Map Amendment) 17- 08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 Recommendation: 1. Introduce for first reading Ordinance No. MC-1493, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-08 to change the Zoning District Classification of nine (9) parcels containing a total of approximately 4.85 acres of Office Industrial Park (OIP) to Industrial Light (IL); Joint Regular Meeting Agenda May 2, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/27/2018 2. Adopt Resolution No. 2018-127, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17-06 (Tentative Parcel Map 19914) to consolidate twenty (20) parcels into one (1) parcel containing a total of approximately 8.94 acres and Development Permit Type-D 17-03 for the construction of a warehouse building containing approximately 197,710 square feet; and 3. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 16, 2018. 20. Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 Recommendation: 1. Introduce for first reading Ordinance No. MC-1494, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-03 to change the Zoning District Classification of eleven (11) parcels containing a total of approximately 8.18 acres from Office Industrial Park (OIP) to Industrial Light (IL); 2. Adopt Resolution No. 2018-128, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17-07 (Tentative Parcel Map 19916) to consolidate twenty-four (24) parcels into one (1) parcel containing a total of approximately 16.59 acres and Development Permit Type-D 17-02 for the construction of a warehouse building containing approximately 393,199 square feet; and 3. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 16, 2018. Joint Regular Meeting Agenda May 2, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/27/2018 QUASI-JUDICIAL HEARINGS 21. Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue Recommendation: Adopt Resolution No. 2018-129, a Resolution of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 18-01, thereby upholding the Planning Commission's adoption of the Categorical Exemption and approval of Conditional Use Permit 17-22 for the construction of a restaurant with drive-thru and a multi-tenant retail building on a parcel containing approximately 0.67 acres located at 2855 N. Waterman Avenue. 22. Appeal of Denial of Tow Carrier—Pepe’s Towing Recommendation: By mutual agreement of the parties, continue to May 16, 2018. 23. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 16, 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 May 2, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/27/2018 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 May 2, 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, April 27, 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. Date: To: From: Subject: City of San Bernardino Request for Council Action May 2, 2018 Honorable Mayor and City Council Members Andrea Miller, City Managerc/J.f-, � Appointment By: Renee Brizuela, Administrative Assistant to City Council Elected Official Compensation Commission Appointments Recommendation Approve the appointments of Rosina Motta, James Hall, Peggi Hazlett, Michael Tacchia, Thomas J. Pierce, and Cynthia A. Ludvigsen to the Elected Official Compensation Commission. Background Section 305 of the City Charter provides that the "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. Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code Chapter 2.19 which establishes the Elected Official Compensation Advisory Commission and provides that the Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. The following names have been submitted for consideration for appointment by the Mayor and City Council: 1.a Packet Pg. 10 Attachment: Council.Elected Official Compensation Commission Appointments (5507 : Elected Official Compensation Commission Ward Elected Official Recommending Appointment Nominee Name 1 Virginia Marquez Ms. Rosina Motta 4 Fred Shorett Mr. James A. Hall 5 Henry Nickel Ms. Peggi Hazlett 7 Jim Mulvihill Mr. Michael Taachia Mayor R. Carey Davis Dr. Thomas J. Pierce Mayor R. Carey Davis Ms. Cynthia A. Ludvigsen 2018-2019 Goals and Objectives The proposed commission appointments align with Goal Number 5 Improving City Government Operations by implementing the city charter and appointing commissioners to the citizen advisory boards with clearly defined roles. Conclusion Approve the appointments of Ms. Rosina Motta, Mr. James A. Hall, Ms. Peggi Hazlett, Mr. Michael Tacchia, Dr. Thomas J. Pierce and Ms. Cynthia A. Ludvigsen to the Elected Official Compensation Commission. Fiscal Impact None Attachments Attachment 1 – Commission application and resume – Ms. Rosina Motta Attachment 2 – Commission application – Mr. James A. Hall Attachment 3 – Commission application – Ms. Peggi Hazlett Attachment 4 – Commission application – Mr. Michael Tacchia Attachment 5 – Commission application – Dr. Thomas J. Pierce Attachment 6 – Commission application – Ms. Cynthia A. Ludvigsen 1.a Packet Pg. 11 Attachment: Council.Elected Official Compensation Commission Appointments (5507 : Elected Official Compensation Commission 1.b Packet Pg. 12 Attachment: Council.Commission Application and Resume-Rosina Motta R_Redacted (5507 : Elected Official Compensation Commission 1.b Packet Pg. 13 Attachment: Council.Commission Application and Resume-Rosina Motta R_Redacted (5507 : Elected Official Compensation Commission 1.b Packet Pg. 14 Attachment: Council.Commission Application and Resume-Rosina Motta R_Redacted (5507 : Elected Official Compensation Commission 1.b Packet Pg. 15 Attachment: Council.Commission Application and Resume-Rosina Motta R_Redacted (5507 : Elected Official Compensation Commission 1.b Packet Pg. 16 Attachment: Council.Commission Application and Resume-Rosina Motta R_Redacted (5507 : Elected Official Compensation Commission 1.c Packet Pg. 17 Attachment: Council.Commission Application-James Hall_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.c Packet Pg. 18 Attachment: Council.Commission Application-James Hall_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.c Packet Pg. 19 Attachment: Council.Commission Application-James Hall_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.c Packet Pg. 20 Attachment: Council.Commission Application-James Hall_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.d Packet Pg. 21 Attachment: Council.Commission Application-Peggi Hazlett_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.d Packet Pg. 22 Attachment: Council.Commission Application-Peggi Hazlett_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.d Packet Pg. 23 Attachment: Council.Commission Application-Peggi Hazlett_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.e Packet Pg. 24 Attachment: Council.Commission Application-Michael Tacchia_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.e Packet Pg. 25 Attachment: Council.Commission Application-Michael Tacchia_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.e Packet Pg. 26 Attachment: Council.Commission Application-Michael Tacchia_Redacted (5507 : Elected Official Compensation Commission Appointments) 1.f Packet Pg. 27 Attachment: Council.Commission Application-Dr. Thomas J. Pierce_Redacted (5507 : Elected Official Compensation Commission 1.f Packet Pg. 28 Attachment: Council.Commission Application-Dr. Thomas J. Pierce_Redacted (5507 : Elected Official Compensation Commission 1.f Packet Pg. 29 Attachment: Council.Commission Application-Dr. Thomas J. Pierce_Redacted (5507 : Elected Official Compensation Commission 1.g Packet Pg. 30 Attachment: Council.Commission Application-Cynthia A. Ludvigsen_Redacted (5507 : Elected Official Compensation Commission 1.g Packet Pg. 31 Attachment: Council.Commission Application-Cynthia A. Ludvigsen_Redacted (5507 : Elected Official Compensation Commission 1.g Packet Pg. 32 Attachment: Council.Commission Application-Cynthia A. Ludvigsen_Redacted (5507 : Elected Official Compensation Commission Consent Calendar City of San Bernardino Request for Council Action \ Date: May 2, 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 May 2, 2018. 5.a Packet Pg. 33 Attachment: Waive Reading.Report_May 2 (5509 : Waive Full Reading of Resolutions and Ordinances) 6.a Packet Pg. 34 Attachment: FN-Commercial Checks Payroll Report May 2, 2018 (5515 : City Council Approval of Commercial and Payroll Checks) Mayor, City Council and City Manager 2018-2019 Goals and Objectives Approval of the noted check registers for commercial and payroll checks aligns with Goal No. 6 Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and City Council’s approval of the City’s weekly remittances to third parties promotes transparency of City business with the public. Fiscal Impact Amounts noted in the 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 #50 Attachment 2 – Commercial checks for Register #51 Attachment 3 – Commercial checks for Register #52 Attachment 4 – Payroll checks for April 2018 Ward: Synopsis of Previous Council Actions: 6.a Packet Pg. 35 Attachment: FN-Commercial Checks Payroll Report May 2, 2018 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 36Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 37Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 38Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 39Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 40Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 41Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 42Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 43Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 44Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 45Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 46Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 47Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 48Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 49Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 50Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 51Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 52Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 53Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 54Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 55Attachment: FN-Commercial Checks & Payroll. Register #50 (5515 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 56Attachment: FN-Commercial Checks & Payroll. Register #51 (5515 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 57Attachment: FN-Commercial Checks & Payroll. Register #51 (5515 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 58Attachment: FN-Commercial Checks & Payroll. Register #51 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 59Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 60Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 61Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 62Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 63Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 64Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 65Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 66Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 67Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 68Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 69Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 70Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 71Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 72Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 73Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 74Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 75Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 76Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 77Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 78Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.dPacket Pg. 79Attachment: FN-Commercial Checks & Payroll. Register #52 (5515 : City Council Approval of Commercial and Payroll Checks) 6.e Packet Pg. 80 Attachment: FN-Payroll Summary Reports (5515 : City Council Approval of Commercial and Payroll Checks) 6.e Packet Pg. 81 Attachment: FN-Payroll Summary Reports (5515 : City Council Approval of Commercial and Payroll Checks) Consent Calendar City of San Bernardino Request for Council Action \ Date: May 2, 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 Special Meeting of March 5, 2018 and Regular Meetings of March 7, 2018, April 4, 2018, and April 18, 2018. 7.a Packet Pg. 82 Attachment: Minutes_May 2 (5522 : 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 3/05/2018 MINUTES FOR THE JOINT SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, MARCH 5, 2018 8:30 AM The Joint Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 8:32 AM, Monday, March 5, 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 8:30 AM Benito J. Barrios Council Member, Ward 2 Late 8:57 AM John Valdivia Council Member, Ward 3 Absent ------------ Fred Shorett Council Member, Ward 4 Present 8:30 AM Henry Nickel Council Member, Ward 5 Present 8:30 AM Bessine L. Richard Council Member, Ward 6 Absent ------------ James Mulvihill Council Member, Ward 7 Present 8:30 AM R. Carey Davis Mayor Present 8:30 AM Georgeann "Gigi" Hanna City Clerk Present 8:30 AM Gary D. Saenz City Attorney Present 8:30 AM Andrea Miller City Manager Present 8:30 AM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.b Packet Pg. 83 Attachment: 03-05-18_Jt__Spec_gh_approved (5522 : City Council Approval of Draft Minutes) Joint Special Meeting Minutes March 5, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/05/2018 PLEDGE OF ALLEGIANCE City Attorney Gary Saenz led the Pledge of Allegiance. 1. Strategic Planning – Vision, Job Statement, Operating Paradigm, and 2018 - 2019 Goals and Objectives Approved Motion: Adopt the Resolution, with changes to item 5e and 6b in the 2018-19 Goals and Objectives document, Attachment D to the resolution. Reso. 2018-39A Review, discuss, and adopt Resolution No. 2018-39A establishing the City’s Vision, Job Statement, Operating Paradigm and 2018-2019 Goals and Objectives RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Mulvihill ABSENT: Valdivia, Richard 2. Public Participation, Meeting Procedures and Rules of Conduct The council gave recommendations about how about how they would like the matters of public comment, public hearings and other meeting related matter handled in the future. No vote was taken on this item. 3. Public Comments for Items Listed on the Agenda Karmel Roe, San Bernardino, spoke about an interaction she witnessed at the Community Development desk between a client and a planner that she said was unacceptable. She suggested a means for people to rate whether they were happy with the service they received. 4. Adjournment The meeting adjourned at 11:02 a.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 is scheduled for 4:00 p.m., Wednesday, March 7, 2018, in the Council Chamber 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 7.b Packet Pg. 84 Attachment: 03-05-18_Jt__Spec_gh_approved (5522 : City Council Approval of Draft Minutes) City of San Bernardino 290 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 3/8/2018 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 The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor Carey Davis at 4:00 PM, Wednesday, March 7, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Late 5:15 PM John Valdivia Council Member, Ward 3 Late 5:38 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Present 4:00 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller city Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.c Packet Pg. 85 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/8/2018 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 C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. JP Morgan Chase INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Dr. Fred Adams from The Rock Church in San Bernardino. The Pledge of Allegiance was led by Tulsi Patel, a 5th grade student at Muscoy Elementary School CLOSED SESSION REPORT City Attorney Gary Saenz announced that in the matter of City v JP Morgan Chase, the council gave settlement directive by a vote of 5 -0, with Council Members Barrios and Valdivia absent. PRESENTATIONS Mayor Davis announced the new rules of conduct for meetings posted around the Council Chamber. 1. Proclamation Designating March as Women’s History Month – Mayor R. Carey Davis, Council Member Virginia Marquez, and Council Member Bessine L. Richard Council Members Richard and Marquez read a proclamation honoring women in celebration of Women’s History Month. Betsy Starbuck, president of the League of Women Voters, San Bernardino Area, accepted the proc lamation, and spoke about a documentary the League is sponsoring about the Equal Rights Amendment and gave an update on the status of the state ratification of the proposed amendment. Shirley Harlan also spoke about the documentary, which will be shown Thursday March 8 at the Regal Cinema in San Bernardino. 2. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced the upcoming events sponsored by the Chamber of Commerce. Roxanna Gracia announced that she was the new acting District Director for Assemblywoman Eloise Reyes, and introduced Daniel Frye as the new field representative for the office. She congratulated the 8 San Bernardino women who were finalists for Woman of the Year. 7.c Packet Pg. 86 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/8/2018 Consent Calendar 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated March 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of February 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for February 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Agreement with USA Shade for the design, engineering and installation of the CBDG-funded Shade Structure at the Jerry Lewis Family Swim Center Approved Motion: Adopt the resolution. Reso. 2018-52 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Service Agreement with USA Shade for the design, engineering, and installation of a shade structure at the Jerry Lewis 7.c Packet Pg. 87 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/8/2018 Family Swim Center. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Agreement with Graves & King for Hearing Officer Services Approved Motion: Adopt the resolution. Res. 2018-53 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing a Professional Services Agreement between the City of San Bernardino and Graves & King, LLC for Hearing Officer Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Establishing Salaries for Police Safety Approved Motion: Adopt the resolution. Reso. 2018-54 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for Police Department ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), and Law Enforcement Trainee, effective August 1, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Establish Salaries for Police Management Approved Motion: Adopt the resolution. Reso. 2018-55 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for Police Department ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief of Police), and P-7 7.c Packet Pg. 88 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/8/2018 (Chief of Police) effective August 1, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Establishing a Basic Compensation Plan for Employees of the San Bernardino Police Department Approved Motion: Adopt the resolution. Reso. 2018-56 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for employees of the San Bernardino Police Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Establishing a Basic Compensation Plan for Temporary or Part Time Employees of the San Bernardino Police Department Approved Motion: Adopt the resolution. Reso. 2018-57 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for Temporary/Part-Time Officers and/or employees of the City of San Bernardino, California. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Establishing Public Official Bond Requirements and Amending Municipal Code Chapter 2.62 Approved Motions: Adopt the resolution.; and Introduce for first reading Ordinance No. MC-1467, an Ordinance of the Mayor 7.c Packet Pg. 89 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/8/2018 and City Council of the City of San Bernardino, California, repealing Chapter 2.62 of the San Bernardino Municipal Code related to the filing of official bonds. Reso. 2018-58 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing official bond requirements for the positions of City Attorney, City Clerk, City Manager, Director of Finance, General Manager of the City of San Bernardino’s Municipal Water Department, and Finance Director of the City of San Bernardino’s Municipal Water Department and fixing the amount and terms of those official bonds. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Issuance of a Purchase Order to United Rentals, Inc., for Multiquip Roller Equipment to Repair City Streets Approved Motion: Adopt the resolution. Reso. 2018-59 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the Director of Finance to issue a Purchase Order to in the amount of $16,901.46 to United Rentals, Inc. for the purchase of a Multiquip Roller AR14H. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Authorization to issue a Purchase Order to Aardvark for the Purchase of SWAT Tactical Vests Approved Motion: Adopt the resolution. Reso. 2018-60 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 Aardvark in 7.c Packet Pg. 90 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/8/2018 the amount of $92,232.00 for the purchase of SWAT Tactical Vests. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Final Reading – Development Code Amendment 18-02 Chapter 5.10, Chapter 8.97 and Chapter 8.99 Speakers Matthew Clevenger William Cioci Robert Porter Henry Sanchez Mark Estermyer Nasser Azimi Approved Motion: Adopt the ordinances. MC-1464 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Commercial Cannabis Activity (Chapter 5.10 – Development Code Amendment 18-02A). MC-1465 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Smoking Cannabis in Public Places (Chapter 8.97 – Development Amendment 18-02B). MC-1466 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Personal Cultivation in Private Residences (Chapter 8.99 – Development Code Amendment 18-02C). RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Issuance of a Purchase Order to Industrial Video & Control for Solar Powered Public Safety Camera System Trailers Approved Motion: Adopt the resolution. 7.c Packet Pg. 91 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/8/2018 Reso. 2018-61 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 Industrial Video & Control for two solar powered public safety camera system trailers. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. Authorize the City Manager to Approve and Execute Agreements Related to Programs and Services Approved in the Substantial Amendment to HUD Fiscal Year 2017-18 Action Plan Approved Motion: Adopt the resolution. Reso. 2018-62 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving agreements related to programs and services approved in the Substantial Amendment to the HUD Fiscal Year 2017 - 2018 Action Plan and authorizing the City Manager to execute the agreements. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Accept Emergency Management Performance Grant and Expenditures Approved Motion: Adopt the resolution. Reso. 2018-63 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and expenditure of the FY 2017 Emergency Management Performance Grant, authorizing the City Manager to execute Vendor Service Agreements with Vector USA and Tyco Integrated Security, and authorizing the Director of Finance to amend the Adopted FY 2017/18 Budget and issue Purchase Orders to Vector USA, Tyco Integrated Security, and GovConnection, Inc. 7.c Packet Pg. 92 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/8/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Charter Implementation – Changes to the City of San Bernardino’s Boards, Commissions and Citizen Advisory Committees Part III – FINAL READING Ap proved Motion: Adopt the ordinances. MC-1468 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.26 of the San Bernardino Municipal Code related to the Animal Control Commission. MC-1469 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 6.14 of the San Bernardino Municipal Code related to Administrative Citations. MC-1470 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 6.09 of the San Bernardino Municipal Code related to Vicious and Potentially Dangerous Dogs. MC-1471 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.34 and Chapter 2.39 of the San Bernardino Municipal Code related to the Board of Police Commissioners and the Human Relations Commission. MC-1472 Ordinance of the Mayor and City council of the City of San Bernardino, California, amending and renaming Chapter 5.82 of the San Bernardino Municipal Code related to “Operator Permit Regulations.” MC-1473 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.22 of the San Bernardino Municipal Code related to the “Planning Commission.” MC-1474 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.45 of the San Bernardino Municipal Code to create the “Building and Accessibility Appeals Board” and repealing Resolution No. 94-254. 7.c Packet Pg. 93 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/8/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. Charter Implementation – Personnel System and Business Registration and Treasury Division Transfer Part I – FINAL READING Approved Motion: Adopt the ordinances. MC-1475 Ordinance of the Mayor and City Council of the City of san Bernardino, California, repealing and replacing Chapter 2.04 of the San Bernardino Municipal Code related to the “Human Resources Department” to establish a Personnel System. MC-1476 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing and replacing Chapter 2.08 of the San Bernardino Municipal Code related to City Treasurer. MC-1477 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.10 of the San Bernardino Municipal Code related to the Department of Finance. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 21. Mid-Year Financial Review – Fiscal Year 2017/18 Approved Motion: Adopt the resolution. Reso. 2018-64 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving and adopting the City of San Bernardino’s Fiscal Year 2017/18 Budget Update and related budget amendment action. 7.c Packet Pg. 94 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/8/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Comprehensive Annual Financial Report of the City of San Bernardino Municipal Water Department for the Fiscal Year ended June 30, 2017 The Council received the audited Comprehensive Annual Financial Report of the Water Department’s Water, Sewer, and Sewer Collection Utilities for the Fiscal Year ended June 30, 2017. No vote was taken on this item. 23. Amendment to Tow Service Agreement to Include One Additional Tow Carrier to City’s Tow Rotation Approved Motion: Adopt the resolution. Reso. 2018-65 Resolution of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to initiate action to establish an additional tow carrier to the City’s tow carrier rotation. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Valdivia 24. Status of Bills of Interest to Southern California Association of Governments Update Council Member Mulvihill discussed various pieces of legislation of interest to the City. Note was taken on this item, but the council agreed via consensus to direct the City Manager to send a letter of opposition to the authors of AB 1759 . PUBLIC HEARINGS 25. Parking Lease Agreement for the Andreson Building located at 320 N. “E” Street Approved Motion: Adopt the resolution. Reso. 2018-66 Resolution of the Mayor and City Council of the City 7.c Packet Pg. 95 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/8/2018 of San Bernardino, California, approving a Parking Agreement between the City and 320 N. E Street, LLC for the use of 125 unreserved parking stalls in the City Hall parking structure. 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 26. Formation of Assessment District No. 1056 for the cost of landscape maintenance in the Magnolia Avenue and Garfield Street Area relative to Tentative Tract No. 16502 City Clerk Hanna announced that three ballots had been received on the matter. She opened and read them. The three ballots were in favor of the item Approved Motion: Conduct a Public Hearing on the proposed formation of a special assessment district, to be known as Assessment District No. 1056, located in the Magnolia Avenue and Garfield Street Area and adopt Resolution No. 2018-67; and Adopt the resolution. Reso. 2018-67 Resolution of the Mayor and City Council of the City of San Bernardino, California, determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that Public Convenience and Necessity require the maintenance of landscaping and a detention basin located in the Magnolia Avenue and Garfield Street area, approving the final Engineer’s Report, creating an assessment district to cover the cost of said maintenance, known as Assessment District No. 1056, ordering the work, confirming the 2018-2019 Assessment Roll, and determining that the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 shall not apply. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7.c Packet Pg. 96 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/8/2018 27. Appeal of Denial of Tow Carrier--Pepe’s Towing Speaker James Penman Approved Motion: Continue item to March 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Public Comments for Items Not on the Agenda William Cioci, San Bernardino, discussed the cannabis ordinances and what effect the expects their passage to have upon him. Margaret Jones spoke about the CSUSB Social Work students’ Seccombe Lake clean-up project, scheduled for March 10. Robert Porter, San Bernardino, admonished the Mayor and City Council for breaking its recently posted meeting rules. Brittany Abraham, also a social work student t CSUSB, spoke about a project she and classmates had done at Mary’s Mercy Center and she reported that 45 percent of the people they spoke to had expressed concerns about the potholes around the facility. Peggy Stapleton, San Bernardino, said she was proud of what the Mayor and City Council had accomplished and invited them to a church open house. Hillel Cohn, San Bernardino, asked the council to reconsider combining the Human Relations Commission and the Police Commission. Scott Olson, San Bernardino, spoke about the Council code of conduct rules. James Penman, San Bernardino, spoke about his experience as the City Attorney and said he supported the current City Attorney’s comments earlier in the meeting. Luis Ojeda, San Bernardino, said bad perception of San Bernardino was warranted. He said he’d called Code enforcement for months without receiving a response and that he’d spent his own time and money to clean up the area near Kohl’s. Karmel Roe, San Bernardino, said holding a special meeting at 8:30 a.m. on a weekday was not convenient for the public and that the Mayor and Council had forgotten who they work for. She called the cannabis ordinances are not supportive of what the citizen advisory committee had passed. 7.c Packet Pg. 97 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT MINUTES March 7, 2018 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/8/2018 Richard Perez, a CSUSB Social work student, spoke about homeless issues and said he and his fellow classmates were creating hygiene bags for them. 29. Items to be referred to City Council Committees No items were referred. 30. Announcements by Mayor, City Council and Executive Staff 31. Adjournment The meeting adjourned at 9:18 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 21, 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. 7.c Packet Pg. 98 Attachment: 03-07-18_Jt__reg_gh_draft (5522 : 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 4/6/2018 DRAFT MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, APRIL 4, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:04 PM, Wednesday, April 4, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Late 4:20 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Late 4:22 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.d Packet Pg. 99 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/6/2018 Closed Session City Attorney Saenz announced that he would leave the room during closed session discussion of Rosemary Easley, et al. v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS1515304 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 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 7.d Packet Pg. 100 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/6/2018 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 The invocation was given by Major Daniel Henderson of the Salvation Army. The Pledge of Allegiance was led by Council Member Marquez. Closed Session Report City Attorney Gary Saenz reported the following actions from closed session:  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 The Council gave settlement directive by a vote of 6-0, with Council Member Valdivia absent.  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 The Council gave settlement directive by a vote of 6-0, with Council Member Valdivia absent.  Rosemary Easley, et al. v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS1515304 The Council gave settlement directive by a vote of 7-0. Presentations 1. Special Recognition to Consul Billy Munoz Miranda, Guatemalan Consulate – By Mayor Davis and City Council Members Mayor Davis announced that prior to the council meeting the Mayor Ouncil and staff members honored Guatemalean Consul Billy Munoz as he prepars for his next assignment, in Chicago. 2. Issuance of Proclamation(s): Proclaim April as Child Abuse Prevention Month Mayor Davis announced that the City had issued a proclamation naming April as Child Abuse Prevention Month. 3. Chamber of Commerce & Local Elected Officials Announcements Gaby Rubio of the National Orange Show, gave the announcements for the Chamber of Commerce. 7.d Packet Pg. 101 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/6/2018 Consent Calendar 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated April 4, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of March 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 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 Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2018-92 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, appropriating $30,000 into the FY2017/18 Adopted Budget, and authorizing the increase of the Purchase Order to Advanced Pet Care of San 7.d Packet Pg. 102 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/6/2018 Bernardino for veterinarian services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Purchase Order Increase for C&W Construction Specialties, Inc. Approved Motion: Adopt the resolution. Reso. 2018-93 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc., for FY 2018/19 Approved Motion: Adopt the resolution. Reso. 2018-94 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill AWAY: John Valdivia 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 Approved 7.d Packet Pg. 103 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/6/2018 Motion: Adopt the resolution. Reso. 2018-95 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828) Speaker Karmel Roe Approved Motion: 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). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Final Reading - Development Code Amendment 17-07 Speaker Karmel Roe Approved Motion: Adopt the ordinance. 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. 7.d Packet Pg. 104 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/6/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 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 Approved Motion: Adopt the ordinance. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 14. Agreement with Westbound Communications, Inc. for Marketing and Public Relations Services Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2018-96 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Charter Implementation - Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV 7.d Packet Pg. 105 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/6/2018 Speakers Jim Smith Nicholas Cataldo Dorothy Garcia Gil Botello Approved Motion: Adopt the resolution and introduce for first reading: Reso. 2018-97 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Arts and Cultural Heritage Commission. 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. 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. 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. 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.” RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Charter Implementation - Business Registration Division Transfer Part II Approved Motion: Adopt the resolution and introduce for first reading: Reso. 2018-98 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 7.d Packet Pg. 106 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/6/2018 bargaining group and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. 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. 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.” 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.” 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. 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 17. Ordinance and Urgency Ordinance of the City of San Bernardino, California, Reauthorizing the City's Public, Educational, and Governmental Ac cess and Support Fee Approved Motion: Adopt urgency ordinance MC-1489; and introduce for first reading: 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, MC-1489 Urgency Ordinance of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and 7.d Packet Pg. 107 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/6/2018 Governmental Access and Support Fee. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. CIP Work Plan Update Consensus Motion: Receive and file the Update on the FY 2017/18 Capital Improvement Program Work Plan. 19. Verdemont Community Center Speakers Chas Kelly Mandy Jacobs Kimberly Knaus Approved Motion: Continue the item to the May 2, 2018 Mayor and City Council meeting. . 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. Southern California Association of Governments Legislative Update Council Member Mulvihill.presented a report on this item. No vote was taken. 21. Water Education for Latin Leaders (WELL) 2018 Annual Conference – March 22-23, 2018 Council Member Barrios presented a report on this item. No vote was taken. 22. Alternative Locations for City Council Chambers The city council asked that the City Manager’s Office explore the option of using the following buildings for temporary City Council Chamber: The Inland Valley Development Agency building, California Theater, San Bernardino Valley College auditorium or the San Bernardino Valley College Board Room. 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) 7.d Packet Pg. 108 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/6/2018 This item was pulled from the agenda and not considered. 24. Continue Public Hearing - Appeal of Pepe's Towing Approved Motion: Continue to April 18, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, W ard 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 25. Appeal 18-01 of Conditional Use Permit 17-22 - Drive through Restaurant - 2855 Waterman Avenue Councilmember Mulvihill announced that he wa the appellant and left the dais before the vote. Approved Motion: Continue to May 2, 2018. RESULT: ADOPTED [6 TO 0] AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard AWAY: James Mulvihill Public Hearing 26. General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 Speakers Daniel Aguilar Donald Plengsi Reginald Metu Jian Torkian Approved Motion: Adopt the resolution, as amended and introduce MC-1490 for first reading. Reso. 2018-100 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 drivethru 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. 7.d Packet Pg. 109 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/6/2018 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 27. 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 Speakers Sharon Humphries Karmel Roe Matthew Clevenger Majid Seraj Ben Eilenberg Approved Motion: Adopt the resolutions. Reso. 2018-101 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. Reso. 2018-102 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. Reso. 2018-103 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. Reso. 2018-104 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). Reso. 2018-105 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 7.d Packet Pg. 110 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/6/2018 history information for employment, volunteers, contractors, licensing, or certification purposes. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Public Comments on Items Not on the Agenda Mayor Davis announced that beginning at the next Mayor and City Council meeting, public comment on items not on the agenda would be moved to just prior to th e Consent Calendar Brandon Carter, San Bernardino, spoke about his movie about San Bernardino and his eight-point plan to rebuild the city. Karmel Roe, San Bernardino, said residents need the truth, not lies or sugar coating. Luis Ojeda said he had been disappointed with council and was amazed that they had approved spending $240,000 to market the city. He said he was looking for a building to buy in downtown because property is cheap. Steve Figueroa said San Bernardino is the most anti-business city in the Inland Empire. He said the only people making money in the city are cannabis lawyers. He also told the council that if they wanted votes, they should at least act intere sted in what people have to say and that people have a right to criticize them. Roxanne Williams spoke about Frank Montes and his professional and civic experience. Frank Montes spoke against the council’s actions during the cannabis discussion . Tim Prince, San Bernardino, said accessibility at City Hall was diminished, and that the mayor and council were discouraging citizen input and that the response to Montes’ comments further restricted participation. He also decried the closing of City Hall for earthquake risk. Sandra Ibarra, San Bernardino, said she has been reporting broken sidewalks and lack of lighting in her ward. 29. Items to be referred to City Council committees Councilmember Valdivia announced vacancies on several commissions and said he needed to make an appointment to the elected officials compensation committee. 30. Announcements by Mayor, City Council and Executive Staff Mayor Davis announced that public comment for all items on the agenda would be taken before the Consent Calendar, beginning at the next meeting. City Manager Miller said there are vacancies on several of the new boards and eminded council that they need to make appointments for the new Elected Official Compensation Committee; applications are available on line. 7.d Packet Pg. 111 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes April 4, 2018 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/6/2018 31. Adjournment The meeting adjourned at 10:10 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 18, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session wi ll begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. 7.d Packet Pg. 112 Attachment: 04-4-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 4/25/2018 DRAFT MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, APRIL 18, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:04 PM, Wednesday, April 18, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Late 4:20 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Absent ------------ Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Absent 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.e Packet Pg. 113 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/23/2018 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 Bank of America v. Duane M. Magee, et al., San Bernardino County Superior Court Case No. CIVDS1504173 Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907 Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812, ADJ126304 Brenda Hall v. City of San Bernardino, WCAB Case No. ADJ9335898 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): One Item Invocation and Pledge of Allegiance The invocation was given by Pastor Percy Hill of Fifth Street Baptist Church. The Pledge of Allegiance was led by sisters Shannon and Rachel Henkel, 6th grade students at North Verdemont Elementary School. Closed Session Report City Attorney Gary Saenz reported the following actions from closed session:  Bank of America v. Duane M. Magee, et al., San Bernardino County Superior Court Case No. CIVDS1504173 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia abstaining due to his late arrival and Council Member Nickel absent.  Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent.  Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812, ADJ126304 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent.  Brenda Hall v. City of San Bernardino, WCAB Case No. ADJ9335898 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent. 7.e Packet Pg. 114 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/23/2018 Presentations 1. Aquinas High School – CIF Champions – Boys Soccer and Football – Mayor R. Carey Davis Mayor Davis recognized the accomplishment of the boys’ soccer and football team for their being named CIF Southern Section Champions, calling their victories wins for the entire community. The football team and Varsity soccer coach accepted the proclamation on behalf of the teams. Assemblywoman Reyes’ office also congratulated the teams. 2. Special Recognition to SBPD – Baker to Vegas XXXIV – First Place for 500 Individual – Mayor R. Carey Davis Mayor Davis thanked Sgt. John Echevarria and his teammates for placing first in the Baker to Vegas Relay in the division for departments under 500 officers. T he team, which included sworn personnel and professional staff, showed a video from the day of the race, where they ran 120 miles in 15:33, climbing some legs of 1,000 altitude. Assemblywoman Reyes’ office also presented the group with an award. 3. Issuance of Proclamation(s) - Mayor R. Carey Davis This item was not heard. 4. Citizen of the Month - Art Davis - Council Member John Valdivia This item was moved to the May 2, 2018 Mayor and City Council meeting. 5. APWA Award for Bryce E. Hanes Park Susan Longville, Steve Copeland and Wen Huang of the San Bernardino Valley Municipal Water District presented the city with an award from the American Public Works Association for the design of Bryce E. Hanes Park. The group gives an annual award for projects. 6. Chamber of Commerce & Local Elected Officials Announcements Colin Strange announced upcoming Chamber of Commerce events. Doug from Assemblywoman Reyes’ office made announcements about events in the 47th District. Public Comments for items listed and not listed on the Agenda Andrea Neyses, Highland, said she and her friends want to make sure that the San Bernardino Animal Control Shelter stays open and praised the shelter staff. Ana de la Tejera, Riverside, said she supports cannabis availability and started using it a few years ago to address her osteoarthritis. She asked that the city help se niors get their medication. Mark Estermyer, Highland, presented a letter to the City Council regarding comments made by the City Manager at a March 7, 2018 meeting. He said the dissemination of unreliable information is inexcusable. He also presented lette rs from his neighbors supporting a commercial cannabis business at 1942 N. I street. 7.e Packet Pg. 115 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/23/2018 Sandra Owen, San Bernardino, spoke about her appreciation for San Bernardino resident Pj Seleska’s role in responding to a heart attack that Sandra experienced on March 1 and said she wanted to let people in the city know she was grateful. Colin Strange, of the San Bernardino Area Chamber of Commerce, said that candidate forums had been televised via the City’s government access channel for the past 25 years, said they reached elderly and disabled people who could not access forums otherwise, and he asked the council and City Manager for reconsideration of the new policy not to use any city facility for political purposes. William Cioci, San Bernardino, asked about the disposal of animals in case the animal shelter is closed and read a letter regarding cannabis licensing requirements for High Times planed event at the National Orange Show. Stephanie Lanfeste, said she had received daily text messages about animals being put down at the shelter. She praised shelter staff and said the opportunity to save shelter animals would be lost if the san Bernardino facility closed because people would not take them to the Riverside facility, but rather drop them in the streets. She said t he shelter had improved from a 58% kill rate in 2013 to a 10% kill rate now; a rate of 8% or less would qualify the facility as a “no-kill” shelter. Jose Ocano, Los Angeles, from the Pacific Regional Director of Best Friends Animal Society said his organization would not advocate who the city should contract animal shelter services to, but asked that whomever the City chooses should be committed to a no-kill policy. Alice Chow , Highland, said she loved the city and she volunteers 3-4 hours each day at the city shelter. Her group makes the dog beds at the shelter, helps pet owners pay their bills and also raises money for surgeries for stray animals. She said the working relationship with the city shelter was excellent and asked for more time to make the kill rate at the shelter better. Jessica Lopez, Pomona, cited statistics about different kinds of animal shelters. Jennifer Rosengard, Upland, spoke about the Daisy Hope foundation and a mobile spay vehicle available to address San Bernardino needs. Marie Scheffler, San Bernardino, said a city the size of San Bernardino needs an animal shelter. Janine Nielsen, Redlands, said she is a realtor and puller of animals for the city shelter and a volunteer for rescue. She said real estate community is impacted by the animal shelter because homebuyers are looking for pet-friendly shelters, parks and they all have a stake in the issue. She said realtors had partnered with the Daisy’s Hope Foundation to offer free spaying services to up to 250 pets. Faith Easdale, Highland, said she recently spent three days in the riverbed rescuing animals and spoke of some of the sights she’d seen in her experience. Helen Williams, San Bernardino, said she sees two or three stray animals every day in her ward – ward two. She said a low cost spay/neuter program ad a partnership with local nonprofits for an awareness campaign would be beautiful. She said she is concerned that stray animals sent to Riverside facility would not be reclaimed. Angela Halfman, San Bernardino, said she was part of Cause for San Bernardino Paws, and praised increased transparency at the city shelter. She asked that a task 7.e Packet Pg. 116 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/23/2018 force be convened to find the best solutions for the city and asked people to work collaboratively. Caryn Curren, San Bernardino, said 71% of the community supports local animal care services and asked for a committee to address local services. Myra Perez, Rialto, said she was passionate about animals and asked that the council pay attention to the concerns of the people and that she and her group have been reaching out to the media to make sure the shelter is not closed. She said closing the shelter would further affect San Bernardino’s image. She suggested using in-fill properties to support a shelter. Mia Davis, San Bernardino, said it is wonderful to see San Bernardino City to start rise again and that the city is the heart of the County and said that to not look and hear what people who are investing their time in the City for animals, is a shame. She said this is an opportunity to do something wonderful with people and resources. Anthony Forfa, San Bernardino, spoke about the cannabis issue and changing requirements for the distances required for a commercial cannabis busines s, He said the community needs respectable dispensaries established for the people. Kaiser Ahmed, Redlands, spoke about his candidacy for Congress and said he supports Medicare for all and services for veterans. Forela Piedra, Highland, said she loves the city and its dogs. She spoke about dogs during the 2008-09 housing crisis. Barbara Babcock, San Bernardino, spoke about changes with the animal control shelter over the past several years. Jim Smith, San Bernardino, complimented the City Manager’s office for the combining of the Fine Arts Commission and the Historical Preservation Commission and said it makes sense. He announced the upcoming tree planting event, the Rotary mayoral candidate forum and the pioneer event. Consent Calendar Mayor Davis recused himself from discuss of Item 16 and announced that he had a conflict because of a campaign contribution from the vendor. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated April 18, 2018. 7.e Packet Pg. 117 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2018. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 9. Approve the Minutes of the Mayor and City Council Regular Meeting of February 21, 2018. Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of February 21, 2018. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 10. Imposing Liens to Recover Costs for Code Enforcement Abatement Approved Motion: Adopt the resolution. Reso. 2018-106 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. 7.e Packet Pg. 118 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 11. Approval of Destruction of Certain Obsolete Case Files by the San Bernardino Police Department Approved Motion: Adopt the resolution. Reso. 2018-107 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain obsolete case files by the San Bernardino Police Department. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 12. Agreement with KOA Corporation for Engineering Design Services Approved Motion: Adopt the resolution. Reso. 2018-108 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an Agreement between the City of San Bernardino and KOA Corporation for Engineering Design Services for Pavement Rehabilitation of 11 Street Segments throughout the City, (SS18-002 & SS18-005) and authorizing the Director of Finance to issue a purchase order in the amount of $118,690. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 13. Agreement with Willdan Engineering, Inc. for Civil Engineering Design Services Approved Motion: Adopt the resolution. 7.e Packet Pg. 119 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/23/2018 Reso. 2018-109 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Willdan Engineering, Inc. for civil engineering design services for pavement rehabilitation for fourteen (14) Street Segments throughout the City (SS18-003 & SS17-003) and authorizing the Director of Finance to issue a Purchase Order in the amount of $166,036. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 14. Agreement with Pacific Builders and Roofing, Inc. for Roofing and Fascia Replacement at Howard M. Rowe Branch Library Approved Motion: Adopt the resolution. Reso. 2018-110 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Pacific Builders and Roofing, Inc., in the amount of $122,880, authorizing a construction contingency in the amount of $12,288, for a total amount not to exceed $135,168, and authorizing the City Manager or her designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 15. Infrastructure Improvement Agreement with the San Manuel Band of Mission Indians for Victoria Avenue Improvements Approved Motion: Adopt the resolution. Reso. 2018-111 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into an infrastructure improvement agreement with San Manuel Band of Mission Indians (SMBMI) for the rehabilitation of various streets throughout the City. 7.e Packet Pg. 120 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 16. Agreement with Quality Light and Electric for Street Lighting Repair Services Approved Motion: Adopt the resolution. Reso. 2018-112 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Vendor Services Agreement between the City of San Bernardino and Quality Light and Electrical (QLE) for street light repair services and issuance of an Annual Purchase Order not to exceed $555,000 with four (4) one-year extensions at the City’s option to QLE for street light repair services per Special Provisions No. 13188. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 17. Amendment Number Two to the Agreement with R.T. Desai & Associates for Accounting Consultant Services Approved Motion: Adopt the resolution. Reso. 2018-113 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment Number Two to the Professional Services Agreement between the City of San Bernardino and consultant R.T. Desai & Associates for Accounting Services in the amount of $150,000 for a total amount not to exceed $340,000. 7.e Packet Pg. 121 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 18. Amendment Number One to Agreement with Moore Iacofano Goltsman, Inc. for the Comprehensive Update to the City’s Signage Regulations Approved Motion: Adopt the resolution. Reso. 2018-114 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to the Consultant Services Agreement with Moore lacofano Goltsman, Inc. to increase the amount by $3,000 for a total amount not to exceed $62,925, and extend the term of the agreement to December 31, 2018, for the preparation of the Comprehensive Signage Regulations Update. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 19. Establishment of All-Way Stop Controls at the Intersection of Pacific Street and Central Avenue Approved Motion: Adopt the resolution. Reso. 2018-115 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing All-Way Controls at the intersection of Pacific Street and Central Avenue. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 20. Amendment of San Bernardino Municipal Code Chapter 10.52, Speed Zones, to Establish the Speed Limit on “D” Street Approved Motion: Introduce MC-1491, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending 7.e Packet Pg. 122 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/23/2018 San Bernardino Municipal Code Chapter 10.52 to reduce the speed limit on “D” Street between Highland Avenue and Twenty-Eighth Street from forty-five miles an hour to thirty- five miles an hour. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 21. Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement Approved Motion: Adopt the resolution. Reso. 2018-116 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Southern California Edison for the Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate Agreement. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 22. Charter Implementation – Changes to the City of San Bernardino’s Boards, Commissions and Citizen Advisory Committees Part IV – Final Reading Approved Motion: Accept for final reading and adopt the ordinances. MC-1480 Ordinance of the Mayor and City Council of the City of S an Bernardino, California repealing San Bernardino Municipal Code Chapter 2.43 and amending San Bernardino Municipal Code Chapter 5.76 related to Bureau of Franchises, Taxicabs and Non - Emergency Vehicles; MC-1481 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; MC- 1482 Ordinance of the Mayor and City Council of the City of San 7.e Packet Pg. 123 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/23/2018 Bernardino, California amending San Bernardino Municipal Code Chapter 15.37 related to Historic Building Demolition; and MC-1483 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.” RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 23. Charter Implementation – Business Registration Division Transfer Part II – Final Reading Approved Motion: Accept for final reading and adopt the ordinances. MC-1484 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. MC-1485 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.” MC-1486 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.” MC-1487 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. 7.e Packet Pg. 124 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 24. Final Reading of Ordinance No. MC-1488 Reauthorizing the City’s Public, Educational, and Governmental Access and Support Fee Ap proved Motion: Accept for final reading and adopt the ordinance. MC-1488 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. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 25. Final Reading – General Plan Amendment 18-01 Approved Motion: Accept for final reading and adopt the ordinance. MC-1490 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 amend the General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel Staff Reports 26. Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform Approved Motion: Adopt the resolution. Reso. 2018-117 Resolution of the Mayor and City Council of the City of San 7.e Packet Pg. 125 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/23/2018 Bernardino, California, establishing the Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform for the City of San Bernardino. RESULT: ADOPTED [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 27. Amendment to the City’s Conflict of Interest Code Approved Motion: Adopt the resolution. Reso. 2018-118 Resolution of the Mayor and City Council of the City of San Bernardino, California and the Mayor and City Council of the City of San Bernardino, California, Acting as the Successor Agency to the Redevelopment Agency authorizing amended Resolution No. 2018-14, and Appendix A and amending the City's Conflict of Interest Code. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill AWAY: Henry Nickel 28. Third Annual Arts Fest – Wrap Up Report No vote was taken on this item the council agreed via consensus to receive and file a summary report on the Third Annual Arts Fest. Public Hearing 29. Development Code Amendment 18-01 and Conditional Use Permit 18-02 Approved Motion: Adopt the resolution; Introduce MC-1492, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approving Development Code Amendment 18-01 to amend Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code to allow Veterinary Services (with animal boarding) within the Commercial General (CG-3) Zone subject to the approval of a Conditional Use Permit, and 7.e Packet Pg. 126 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 15 Printed 4/23/2018 Schedule the second reading of the above ordinance to the regularly scheduled meeting of the Mayor and City Council on May 2, 2018. Reso. 2018-119 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Previous Environmental Determination, and approving Conditional Use Permit 18-02 to allow the establishment and operation of a veterinary office, with animal boarding, within a tenant space containing approximately 4,200 square feet within a previously approved commercial building located at 1775 W. Northpark Boulevard, Suite B1 (APN: 0141-372-26) within the Commercial General (CG-3) Zone, and RESULT: ADOPTED [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel Quasi-Judicial Hearings 30. Continue Public Hearing - Appeal of Pepe's Towing Approved Motion: Continue to May 2, 2018. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 31. 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) Speakers William Cioci Sameen Ahmad Sandra Olivas Approved Motion: Deny 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). 7.e Packet Pg. 127 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes April 18, 2018 Mayor and City Council of the City of San Bernardino Page 16 Printed 4/23/2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 32. Announcements by Mayor, City Council and Executive Staff 33. Adjournment Mayor Davis adjourned the meeting at 8:20 p.m. in memory of Barbara Bush. 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 is scheduled for 4:00 p.m., Wednesday, May 2, 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 7.e Packet Pg. 128 Attachment: 04-18-18_Jt_Reg_draft (5522 : City Council Approval of Draft Minutes) 8.a Packet Pg. 129 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.00.StaffReport (5521 : Joint Use Agreement with San Bernardino Valley Avenue, and authorizing a Street Vacation Agreement with the San Manuel Band of Serrano Mission Indians. Discussion The San Bernardino Valley Municipal Water District (SBVMWD) has a 78 inch water distribution line which occupies easements, recorded September 12, 1973, in Book 8265, Page 120, and April 4, 1974, in Book 8402, Page 53, of Official Records. These easements establish SBVMWD’s prior rights in relation to the right-of-way for Piedmont Drive which was dedicated at a later date and has since been vacated. SBVMWD is currently undertaking a project to relocate this 78 inch distribution facility. Pursuant to California Water Code section 71695, which gives the water district the authority to construct works along and across City streets amongst other right-of-ways, SBVMWD’s new alignment will cross a portion of Marshall Boulevard, which the City retained subsequent to the vacation of portions of Marshal Boulevard ordered by Resolution No. 2003-69. SBVMWD has requested that the City enter into a Joint Use Agreement (JUA), wherein the City would agree to reimburse SBVMWD for costs incurred in complying with a notice from the City requiring SBVMWD to rearrange, relocate, reconstruct or remove their new pipeline after it has been constructed. The area to be subject to the JUA is the portion of Marshall Boulevard, east of Valaria Drive, and north of the legal centerline of Marshall Boulevard, as depicted in Exhibit “A” to the JUA. Without a JUA any portion of the new alignment within the public right-of-way would have inferior rights to the street right-of-way which would make SBVMWD liable for future relocation costs in the event that the City requests SBVMWD to relocate. Marshall Boulevard is a local street serving fully built out residential subdivisions in the area covered by the JUA Area. No future improvements are planned which would require the rearrangement, relocation, reconstruction or removal of SBVMWD’s facilities. 2018-2019 Goals and Objectives The proposed Agreement with San Bernardino Valley Municipal Water District is a collaborative effort between the City, SBVMWD and the San Manuel Band of Mission Indians and aligns with Goal No. 3 Create, Maintain and Grow Jobs and Economic Value in the City and Goal No. 7 Pursue City Goals and Objectives by Working with Other Agencies. The relocation of SBVMWD’s water distribution line will provide long term economic growth by opening up tribal lands for redevelopment. Fiscal Impact There are no costs associated with this action at this time. In the future, should the City request that SBVMWD relocate the facilities within the JUA area, the City would be liable for the cost of the requested relocation. Conclusion It is recommended that the Mayor and City Council adopt the Resolution, approving the JUA with San Bernardino Valley Municipal Water District. 8.a Packet Pg. 130 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.00.StaffReport (5521 : Joint Use Agreement with San Bernardino Valley Attachments Attachment 1 – Parcel Map No. 4879 Attachment 2 – Resolution; Exhibit 1 (Agreement Documents including Joint Use Area Exhibit A) Ward: 4 Synopsis of Previous Council Actions: • March 17, 2003 – The Mayor and City Council adopted Resolution 2003-69, vacating portions of Piedmont Drive, Marshall Boulevard and Victoria Avenue, and authorizing a Street Vacation agreement with the San Manuel Band of Serrano Mission Indians. 8.a Packet Pg. 131 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.00.StaffReport (5521 : Joint Use Agreement with San Bernardino Valley 8.b Packet Pg. 132 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.01. Attachment 1 - Parcel Map No. 4879 (5521 : Joint Use Agreement with San Bernardino Valley Municipal Water District for the Foothill Pipeline) 8.c Packet Pg. 133 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.02. Attachment 1 - Parcel Map No. 4879 (5521 : Joint Use Agreement with San Bernardino Valley Municipal Water District for the Foothill Pipeline) 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. 2018-120 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE RELOCATION OF THE FOOTHILL PIPELINE WHEREAS, the San Bernardino Valley Municipal Water District is the owner in possession of certain rights of way and easements for pipelines by virtue of a Grant of Easement from Rita York Thacker, a widow, to San Bernardino Valley Municipal Water District, a corporation, recorded September 12, 1973, as Instrument No. 71, in Book 8265, Pages 120 through 124, inclusive and a Grant of Easement from Dorothy E. Leedom, Elizabeth Ann Crego, John D. Leedom, Jr. and Pauline Leedom to San Bernardino Valley Municipal Water District, a corporation, dated March 21, 1974, recorded April 4, 1974, as Instrument No. 36, in Book 8402, Pages 53 through 57, inclusive, both of Official Records, in the Office of the County Recorder of San Bernardino County; and WHEREAS, the City of San Bernardino has acquired easement rights for street and highway purposes for the construction and/or improvement of Marshall Boulevard in the City of San Bernardino, County of San Bernardino, State of California; and WHEREAS, San Bernardino Valley Municipal Water District’s facilities as now installed and located within federalized lands will interfere with or obstruct the development, redevelopment of said lands and the City desires to eliminate such interference or obstruction. 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 the agreement with San Bernardino Valley Municipal Water District, attached hereto and incorporated herein as Exhibit “1”. SECTION 2. The above authorization is rescinded if the parties to the agreement fail to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of the passage of this Resolution. \\\ 1 8.d Packet Pg. 134 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.03.Attachment 2 - Resolution (5521 : Joint Use Agreement with San 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 A JOINT USE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE RELOCATION OF THE FOOTHILL PIPELINE 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. Approved as to form: R. Carey Davis, Mayor Gary D. Saenz, City Attorney City of San Bernardino By: 2 8.d Packet Pg. 135 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.03.Attachment 2 - Resolution (5521 : Joint Use Agreement with San RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District Attn: General Manager 380 East Vanderbilt Way San Bernardino, California 92408 SPACE ABOVE LINE FOR RECORDER'S USE NO FEE PER GOVERNMENT CODE SECTIONS 6103, 27383 JOINT USE AGREEMENT THIS JOINT USE AGREEMENT (“Agreement”) is made this ____ day of ____________, 2018, by the City of San Bernardino, a California charter city and municipal corporation, with an address of 290 North “D” Street, San Bernardino, CA 92401 (the “City”) and the San Bernardino Valley Municipal Water District, a California municipal water district, with an address of 380 East Vanderbilt Way, San Bernardino, California 92408 (“SBVMWD”). The City and SBVMWD shall be referred to herein separately as “Party” and collectively as “Parties”. RECITALS WHEREAS, the City is the beneficiary of that certain dedication, offered and duly accepted, on Parcel Map No. 4879, recorded on February 11, 1980 in Book 53, Page 69, of Parcel Maps of San Bernardino County, California (the “Existing Easements”), dedicating to the City for public use, all public thoroughfares as shown on said map, said thoroughfares deemed to include any public utility facilities and sewers located on or under the same, as modified by that certain Resolution No. 2003-69 of the Mayor and City Council, recorded on March 12, 2003 as Document No. 2003-0181847 of Official Record in said County, vacating certain portions of Marshall Boulevard as more specifically described therein and reserving any existing easements for utility purposes belonging either to the City or to any public utility; and WHEREAS, pursuant to Resolution No. 2003-69 of the Mayor and City Council of the City of San Bernardino, recorded on March 12, 2003 as Document No. 2003-0181847 of the Official Records in San Bernardino County, California, the City of San Bernardino vacated the easement dated September 12, 1980 and recorded on September 23, 1980 as Document No. 80- 215145 of the Official Records in said County and the easement dated January 8, 1982 and recorded on January 29, 1982 as Document No. 82-019692 of Official Records in said County; and WHEREAS, certain rights granted to the City in the Existing Easements, including, but not limited to, those rights reserved pursuant to Resolution No. 2003-69, lie in the future right- of-way to be granted to SBVMWD by the United States Department of Interior, Bureau of Indian Affairs (the “BIA”), as shown on Exhibit “A” attached hereto and incorporated herein by reference (the “Joint Use Area”). 8.e Packet Pg. 136 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use AGREEMENT NOW, THEREFORE, in consideration of the recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Recitals are incorporated herein by reference. 2. The City consents to the grant of right-of-way to SBVMWD within the Joint Use Area by the BIA. 3. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of the Existing Easements. 4. SBVMWD acknowledges City’s interest in the Existing Easements in the Joint Use Area and the priority of City’s title over the interest granted to SBVMWD by the BIA in the Joint Use Area. 5. At all times SBVMWD shall exercise due care for the protection of the traveling public. 6. SBVMWD agrees that at least thirty (30) days prior to construction of new facilities in the Joint Use Area, SBVMWD shall notify City in writing such intent to begin construction. SBVMWD agrees to reimburse City upon demand for the City’s costs incurred by reason of such construction, including the costs of any rearrangement, relocation, reconstruction, or removal of City streets or highways within the Joint Use Area. 7. SBVMWD agrees that it shall replace any existing, or future improvements, installed by City in the Joint Use Area that may be damaged during the construction, operation or repair of SBVMWD’s facilities. 8. Except in emergencies, SBVMWD shall give reasonable notice to City before performing any work on SBVMWD’s facilities in the Joint Use Area where such work will obstruct traffic. 9. In the event that the future use of said Existing Easements shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of SBVMWD’s facilities in the Joint Use Area, City shall notify SBVMWD in writing of such necessity and agree to reimburse SBVMWD upon demand for its costs incurred in complying with such notice. Upon approval of such plans by City, SBVMWD shall promptly proceed to effect such rearrangement, relocation, reconstruction, or removal. No further permit or permission from City for such rearrangement, relocation, or reconstruction shall be required and City shall enter into 2 8.e Packet Pg. 137 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use a new Joint Use Agreement on the same terms and conditions as are herein set forth covering any subsequent relocation of SBVMWD’s facilities within the Existing Easements. 10. Both the City and SBVMWD shall use the Joint Use Area in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages the City or SBVMWD now have or may hereafter acquire resulting from the construction of new facilities or the alteration of existing facilities by either City or SBVMWD in such a manner as to cause unreasonable interference with the use of the Joint Use Area by the other party contemplated by this Agreement. Each Party agrees that the other Party’s facilities shall not be damaged by reason of construction, reconstruction, or maintenance of the Party’s facilities, by the Party or its contractors, and that, if necessary, the Party will protect the other Party’s facilities against any such damage, at the Party’s expense. 11. Those areas outside of the Joint Use Area shall remain unaffected by this Agreement. 12. In the event the Joint Use Area is vacated by SBVMWD, this Agreement shall terminate and SBVMWD shall retain no interest or rights in the Joint Use Area. 13. The provisions hereof shall run with the land and bind the City and SBVMWD and their successors and assigns. 14. SBVMWD, at its sole cost, shall be responsible for compliance with all federal, state and local laws, ordinances, rules and regulations now and in the future applicable to the use, installation, maintenance and repairs of SBVMWD’s facilities. 15. This Agreement: (a) is intended by City and SBVMWD as a final expression and complete and exclusive statement of their agreement with respect to the terms included herein, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain, or supplement these terms are superseded and shall not be admissible or effect for any purposes; (b) shall be binding upon and inure to the benefit of the City and SBVMWD and their successors and assigns; and (c) may not be amended or modified except by a written agreement executed by the City and SBVMWD. [Signature Page Follows] 3 8.e Packet Pg. 138 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use IN WITNESS WHEREOF, the parties have executed this Joint Use Agreement as of the day and year first written above. “City” CITY OF SAN BERNARDINO a Charter City By: ______________________________ Andrea M. Miller City Manager ATTEST: By: ______________________________ Georgeann Hanna City Clerk APPROVED AS TO FORM: By: ______________________________ Gary D. Saenz City Attorney “SBVMWD” SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT a California municipal water district By: ______________________________ Douglas Headrick General Manager [Signature Page for Joint Use Agreement] 4 8.e Packet Pg. 139 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use EXHIBIT “A” JOINT USE AREA 8.e Packet Pg. 140 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________ (Seal) Notary Public 8.e Packet Pg. 141 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On_____________________ before me, ___________________________, Notary Public, personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________ (Seal) Notary Public 8.e Packet Pg. 142 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.04.Attachment 2 - Exhibit 1 - Joint Use Agreement (5521 : Joint Use 8.f Packet Pg. 143 Attachment: PW.JUA with SBVMWD for Foothill Pipeline Relocation.05.Attachment 2 - Exhibit 1 - Exhibit A (5521 : Joint Use Agreement with 9.a Packet Pg. 144 Attachment: HR. Liability Claims Document Destruction - Staff Report (5520 : Approving the Destruction of Certain Obsolete Liability Claims by will evaluate operations and performance through investment in resources, technology, and tools needed to continually improve organizational efficiency and effectiveness. Fiscal Impact None. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution, approving the destruction of certain obsolete liability claims by the Human Resources Department. Attachments Attachment 1 – Resolution Ward: Synopsis of Previous Council Actions: 9.a Packet Pg. 145 Attachment: HR. Liability Claims Document Destruction - Staff Report (5520 : Approving the Destruction of Certain Obsolete Liability Claims by 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. 2018-121 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE LIABILITY CLAIMS BY THE HUMAN RESOURCES DEPARTMENT. WHEREAS, on or about July 7, 2014, the Mayor and City Council adopted resolution 2014-246, thereby adopting the State of California’s Records Retention Schedule; and WHEREAS, the City’s current records retention policy requires that liability claims must be retained for a period of five (5) years from the date they are closed; and WHEREAS, the Human Resources Department has determined that certain liability claims records are obsolete because the certain claims were either paid or denied, and are older than five (5) years from the date they were paid or denied, and are not related to current or pending litigation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of the City of San Bernardino, California, approve the destruction of certain obsolete records by the Human Resources Department. Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and 34090.6 of the Government Code, the following city records, documents, instruments, books, or papers may be destroyed as of the date of the Resolution's approval. (a)All liability claims files that are not related to current or pending litigation with payment or denial dates prior to August 1, 2010. /// /// /// /// /// /// 1 9.b Packet Pg. 146 Attachment: HR. Liability Claims Document Destruction - Resolution (5520 : Approving the Destruction of Certain Obsolete Liability Claims by 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 THE DESTRUCTION OF CERTAIN OBSOLETE LIABILITY CLAIMS BY THE HUMAN RESOURCES DEPARTMENT. 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: 2 9.b Packet Pg. 147 Attachment: HR. Liability Claims Document Destruction - Resolution (5520 : Approving the Destruction of Certain Obsolete Liability Claims by 10.a Packet Pg. 148 Attachment: PW. Agreement with CEO - Staff Report (5519 : Center for Employment Opportunities Agreement) 2018-2019 Goals and Objectives Augmenting City staff with CEO crews aligns with Goal No 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City; Goal No 5: Improve City Government Operations; Goal No 6: Operate in a Fiscally Responsible and Businesslike Manner; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact Funds are to be expended as follows: $86,437.50 for FY 17/18 (September 2017 – June 2018) $86,437.50 for FY 18/19 (July 2018 – March 2019) Cost to the City is $172,875. Funding for FY 17/18 is appropriated in account 126-400- 0088-5502. Funding for remainder of contract is proposed in the FY 18/19 budget to be appropriated in account 001-400-0088-5502. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt the Resolution, authorizing and directing the City Manager to execute a Vendor Services Agreement with Center for Employment Opportunities (CEO) for landscape maintenance services. Not approving this action will result in a backlog of landscape maintenance services. Attachments Attachment 1 – Resolution; Exhibit “A” – Agreement with CEO Attachment 2 – Resolution No. 2016-45 – Agreement with CEO Ward: Synopsis of Previous Council Actions: March 11, 2016 - Resolution No. 2016-45 Authorizing an Agreement with Center for Employment Opportunities 10.a Packet Pg. 149 Attachment: PW. Agreement with CEO - Staff Report (5519 : Center for Employment Opportunities Agreement) 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. 2018-122 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH CENTER FOR EMPLOYMENT OPPORTUNITIES FOR THE EXECUTION OF CITYWIDE LANDSCAPE MAINTENANCE SERVICES BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager, or designee, is hereby authorized and directed to execute, on behalf of the City, an Agreement with the Center for Employment Opportunities to provide landscape maintenance services within the City boundaries, attached hereto as Exhibit “A” and incorporated herein SECTION 2. The Director of Finance is hereby authorized and directed to issue a Purchase Order in an amount not to exceed $172,875 to the Center for Employment Opportunities to provide landscape maintenance services within the City boundaries with the distribution to be as follows: $86,437.50 for FY 17/18 and $86,437.50 for FY 18/19. SECTION 3. The authorization to execute the above referenced Agreement is rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this Resolution. /// /// /// /// /// /// /// /// 1 10.b Packet Pg. 150 Attachment: PW.Agreement with CEO - Resolution (5519 : Center for Employment Opportunities Agreement) 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 AN AGREEMENT WITH CENTER FOR EMPLOYMENT OPPORTUNITIES FOR THE EXECUTION OF CITYWIDE LANDSCAPE MAINTENANCE SERVICES 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:_________________________ 2 10.b Packet Pg. 151 Attachment: PW.Agreement with CEO - Resolution (5519 : Center for Employment Opportunities Agreement) VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND CENTER FOR EMPLOYMENT OPPORTUNITIES OF SAN BERNARDINO, CALIFORNIA FOR LANDSCAPE MAINTENANCE SERVICES CITYWIDE This Vendor Service agreement is entered into this ____ day of ______, 2018 (“Effective Date”), by and between Center for Employment Opportunities of San Bernardino, California (“VENDOR”) and the City of San Bernardino, California a charter city and municipal corporation (“CITY”). WITNESSETH: WHEREAS, the City maintains landscaped areas; and WHEREAS, the landscape areas are in in various stages of needed maintenance, 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 of landscaped areas; and WHEREAS, 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 provide landscape maintenance services. Services will not be deemed complete until CITY confirms, in writing, that all services have been performed. 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 $172,875, pursuant to the rates set forth in VENDOR’s Quote, attached hereto, and incorporated herein as Attachment 2. 2.2 No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The Term of this Agreement shall begin on the September 24, 2017 through March 24, 2019, or the completion of the Services defined in Section 1 of this Agreement. Services pursuant to this Agreement shall begin upon execution of the Agreement, and must be fully completed within 120 days, but no later than March 24, 2019. 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. Exhibit “A” Page 1 of 6 10.c Packet Pg. 152 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities Agreement) 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 (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 Quote and any other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to Exhibit “A” Page 2 of 6 10.c Packet Pg. 153 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities Agreement) 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 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: Exhibit “A” Page 3 of 6 10.c Packet Pg. 154 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities Agreement) Public Works Department Center for Employment Opportunities 290 North “D” Street 1630 South “E” Street, Suite A San Bernardino, CA 92401 San Bernardino, CA 92408 Telephone (909) 384-5140 Telephone: (909) 272-9957 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. 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. Exhibit “A” Page 4 of 6 10.c Packet Pg. 155 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities Agreement) 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. 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. 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. Exhibit “A” Page 5 of 6 10.c Packet Pg. 156 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities 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 6 of 6 10.c Packet Pg. 157 Attachment: PW. Agreement with CEO - Exhibit A (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 158 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 159 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 160 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 161 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 162 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 163 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 164 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 165 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 166 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 167 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 168 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 169 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 10.d Packet Pg. 170 Attachment: PW.Agreement with CEO - Attachment 2 (5519 : Center for Employment Opportunities Agreement) 11.a Packet Pg. 171 Attachment: PW.NJPA Harbor Service Bodies - Report.. (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford Super Duty Fiscal Impact Sufficient funding is available in the Adopted FY 2017/18 Budget in Public Works General Fund: 001-400-0001-5701. Conclusion It is recommended that the Mayor and City Council adopt the Resolution, authorizing the Director of Finance to issue a Purchase Order to the National Auto Fleet Group in the amount of $229,542.36. Attachments Attachment 1 - Resolution Attachment 2 - National Auto Fleet Group Quote ID # 6620 Ward: Synopsis of Previous Council Actions: 3/7/2018 Resolution 2018-59 adopted authorizing a Purchase Order to United Rental Inc. in the amount of $16,901.46 for the purchase of one Multiquip Roller. 11.a Packet Pg. 172 Attachment: PW.NJPA Harbor Service Bodies - Report.. (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford Super Duty 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. 2018-123 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 NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF SIX (6) 2019 FORD SUPER DUTY F250-SRW (F2A) XL 2WDD REGULAR CAB VEHICLES WITH HARBOR 8” TRADEMASTER SERVICE BODY AND OVER CAB LADDER RACK IN THE AMOUNT OF $229,542 WHEREAS, San Bernardino Municipal Code Section 3.04.010 (B) 3 allows for purchases authorized by the Mayor and City Council to proceed as an exemption from the competitive bidding requirements of Chapter 3.04; and WHEREAS, this procurement is being issued under the National Joint Powers Alliance Contract #120716. This contract and pricing was competitively bid and available to public agencies that are members of NJPA. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Director of Finance is hereby authorized to issue an annual Purchase Order to National Auto Fleet Group in the amount of $229,542.36, f or the purchase of six (6) 2019 Ford Super Duty F250-SRW XL 2WD Reg Cab Harbor Trademaster Service Body and Over Cab Ladder Rack Trucks. /// /// /// /// /// /// /// 1 11.b Packet Pg. 173 Attachment: PW.NJPA - National Auto Fleet Group.RESOLUTION (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 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 DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF SIX (6) 2019 FORD SUPER DUTY F250-SRW (F2A) XL 2WDD REGULAR CAB VEHICLES WITH HARBOR 8” TRADEMASTER SERVICE BODY AND OVER CAB LADDER RACK IN THE AMOUNT OF $229,542 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: ____________________________________ 2 11.b Packet Pg. 174 Attachment: PW.NJPA - National Auto Fleet Group.RESOLUTION (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford ~Nati?D~S~~Of~~~~f!~O~~tGroup 490 Auto Center Drive,Watsonville,CA 95076 (855)289-6572·(855)BUY-NJPA·(831)480-8497 Fax Fie et@NationaIAutoFleetGroup.com 03/28118 Rick Moreno City of San Bernardino 182 South Sierra Way San Bernardino,CA 92408 Quote ID#6620 Dear Rick Moreno, National Auto Fleet Group is pleased to quote the following vehicles(s)for your consideration. Six (6)New/Unused (2019 Ford Super Duty F-250 SRW (F2A)XL 2WD Reg Cab Harbor 8'Trademaster Service Body,&Over Cab Rack),delivered to your department yard,each for (1)One Unit (6)Six Unit's NIP A Contract Price $25,382.30 $152,293.80 Royal Quote $9,832.80 $58,996.80 1 Additional Key $200.00 $1,200.00 Tax (8.00%)$2,833.21 $16,999.26 Tire Fee $8.75 $52.50 Total $38,257.06 $229,542.36 1.One Ford CD Service Manuel $400.00 This vehicles(s)is available under the National Joint Powers Alliance (NJPA)Vehicle Contract Number 120716.Please reference this Contract Number on all Purchase Orders to National Auto Fleet Group. Payment terms are Net 30 days after receipt of vehicle. Thank you in advance for your consideration.Should you have any questions,please do not hesitate to call. ~ Jesse Cooper National Fleet Manager Office (855)289-6572 @TOVOTA 11.c Packet Pg. 175 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter In order to Finalize your Quote,J~leasesubmit this p-urchase Racket to your governing body for Purchase Order ARP-roval.Once you issue a Purchase Order p-Iease send by: Fax:(831)480-8497 Mail:National Auto Fleet Group 490 Auto Center Drive Watsonville,CA 95076 Email:Fleet@nationalautofleetgroup-.com We will then send a W-9 if you need one Please contact our main office with any questions: 1-855-289-6572 https:llwww.nationalautofleetgroup.com/OrderRequestlSSDPrint16620?ws=true&se=true&ssdType=BodyUpfitQuote 3/10 11.c Packet Pg. 176 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter Vehicle Configuration Options https:llwww.nationalautofleetgroup.com/OrderRequestlSSDPrintl6620?ws=true&se=true&ssdType=BodyUpfitQuote 4/10 11.c Packet Pg. 177 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford Sales Quote 255 Voyager Ave Brea,CA 92821 Phone:714-996-0411 Fax:714-996-0695 Page 1 of 1 Sales Quote Sales Quote Date: Inside Sales Rep.: SQllOll 3/27/2018 Kimberly Bellamy Sell Ship To:NATIONAL AUTO FLEETGROUP To:CITY OF SAN BERNARDINO DEALER#71E061 1330 W.MAIN ST.182 SOUTH SIERRAWAY ALHAMBRA,CA 91801 SAN BERNARDINO,CA 92408 6264142000 Tax Ident.Type Legal Entity Customer ID FLWOl SalesPerson JENNIFER Ship Via HARBOR VIN Terms 2%10 Days,Net 30 Location BREA Territory REGION 1 Harbor Truck Bodies is Not Held Responsible for any items not listed on this order/quote. Pricing on quote is valid 10 days from sales quote date. Item No.Description Exp.Notes Unit Qty.Unit Price Net Price FORD-056-R-SRW FORD 56"CA REGULARCAB SRW GAS-EACH 1 HT098-1541A-FORD 8-FT TRADEMASTER FOR 56CA SRW.LEAVEFACTORY EACH 1 4,912.60 4,912.60 VERTICAL SERIES-CIS&SIS W/STAINLESS RECEIVERAND 7/4 STEELPOP TOP LIDS.BODY IS APPROX 98"L,TRAILER 79"W,49"FLOOR,41"H,15"D CONNECTOR COMPARTMENTS. D30-HANDLE MASTER LOCK 98"L BODY,HANDLE STYLE EACH 1 874.30 874.30 Y08AWHITE-FORD Painted White EACH 1 MBL08 BED LINER FOR 8-FT BODY (COVERS BED EACH 1 682.50 682.50 AREA,BACK WRAPPERS,BULKHEAD,& TAILGATE) RKT098-1541-R 8-FT TAPERED-LEGOVER-CAB RACK W/EACH 924.70 924.70 HOOKS,SWING AWAY BAR AND REMOVABLE REAR BAR Z08-F/BRL79-08-LED MOUNT RECESSBUMPER W/8"STEP&LED EACH 125.30 125.30 LIGHTS MBCK-UP-MON HOOK UP FACTORY BACK-UP MONITOR EACH 1 282.10 282.10 MVISE HEAVY DUTY STAINLESSVISE BRACKET EACH 1 239.40 239.40 12"X7" MPDI PDI FOR NEW VEHICLE EACH 1 225.00 225.00 SEO_1 (4)ECCO ED3706A AMBER STROBES (2)IN GRILL AND (1)EACH 1 991.90 991.90 ON EA END PANEL SURCHARGE SURCHARGEDUE TO STEEL&ALUMINUM EACH 1 375.00 375.00 COST INCREASE FUELCHARGE FUEL CHARGE EACH 1 75.00 75.00 FREIGHT Freight EACH 1 125.00 125.00 Amount Subject to Sales Tax 0 Subtotal:9,832.80 Amount Exempt from Sales Tax 9,832.80 Invoice Discount:000 Authorized Signature Date Total Sales Tax:0.00 Dealer VIN/VON PO#Total:9,832.80 11.c Packet Pg. 178 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter ENGINE Code Description 996 ENGINE:6.2L 2-VALVE SOHC EFI NA V8 FLEX-FUEL,-inc:Flex-Fuel badge on fleet orders only (STD) TRANSMISSION Code Description 44S TRANSMISSION:TORQSHIFT-G 6-SPD AUTO W/SELECTSHIFT,(STD) WHEELS Code Description 64A WHEELS:17"ARGENT PAINTED STEEL,-inc:painted hub covers/center ornaments (STD) TIRES Code Description TD8 ITIRES:LT245/75RX17E BSW AlS (4),(STD) PRIMARY PAINT Code Description Z1 OXFORD WHITE PAINT SCHEME Code Description -STANDARD PAINT SEAT TYPE Code Description AS MEDIUM EARTH GRAY,HD VINYL 40/20/40 SPLIT BENCH SEAT,-inc:center armrest,cupholder, storage and driver's side manual lumbar AXLE RATIO Code Description X37 3.73 AXLE RATIO,(STD) ADDITIONAL EQUIPMENT Code Description 76C EXTERIOR BACKUP ALARM (PRE-INSTALLED),-inc:Custom accessory PICKUP BOX DELETE,-inc:Deletes tie-down hooks,tailgate,rearview camera and 7/4 pin connector,Incomplete vehicle package -requires further manufacture and certification by a final 660 stage manufacturer,In addition,Ford urges manufacturers to follow the recommendations of the Ford Incomplete Vehicle Manual and the Ford Truck Body Builder's Layout Book (and applicable supplements),Spare Wheel,Tire,Carrier &Jack Delete,Rear Bumper Delete 942 DAYTIME RUNNING LAMPS (DRL),-inc:The non-controllable 942 Daytime Running Lamps (DRL) replace the standard Daytime Running Lamps (DRL),on/off cluster controllable 872 REAR VIEW CAMERA &PREP KIT,-inc:loose camera,wiring bundle and electrochromic mirror w/video display https:llwww.nationalautofleelgroup.com/OrderRequestlSSDPrintl6620?ws=true&se=lrue&ssdType=BodyUpfiIQuote 5/10 11.c Packet Pg. 179 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter 43C 1110V/400W OUTLET,-inc:1 in-dash mounted outlet,Extra Heavy-Duty 200 Amp Alternator OPTION PACKAGE Code Description 600A ORDER CODE 600A https:llwww.nationalautofleetgroup.com/OrderRequestlSSDPrintl6620?ws=true&se=true&ssdType=BodyUpfitQuote 6/10 11.c Packet Pg. 180 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter 2019 Fleet/Non-Retail Ford Super Duty F-2S0 SRW XL 2WD Reg Cab 8'Box WINDOW STICKER 2019 Ford Super Duty F-250 SRW XL 2WD Reg Cab 8'Box CODE MODEL MSRP F2A 2019 Ford Super Duty F-250 SRW XL 2WD Reg Cab 8'Box $32,985.00 OPTIONS 996 ENGINE:6.2L 2-VALVE SOHC EFI NA V8 FLEX-FUEL,-inc:Flex-Fuel badge on fleet orders only $0.00 (STD) 44S TRANSMISSION:TORQSHIFT-G 6-SPD AUTO W/SELECTSHIFT,(STD)$0.00 64A WHEELS:17"ARGENT PAINTED STEEL,-inc:painted hub covers/center ornaments (STD)$0.00 TD8 TIRES:LT245/75RX17E BSW AlS (4),(STD)$0.00 Z1 OXFORD WHITE $0.00 -STANDARD PAINT $0.00 AS MEDIUM EARTH GRAY,HD VINYL 40/20/40 SPLIT BENCH SEAT,-inc:center armrest,cupholder,$0.00 storage and driver's side manual lumbar X37 3.73 AXLE RATIO,(STD)$0.00 76C EXTERIOR BACKUP ALARM (PRE-INSTALLED),-inc:Custom accessory $140.00 66D PICKUP BOX DELETE,-inc:Deletes tie-down hooks,tailgate,rearview camera and 7/4 pin connector,($625.00) Incomplete vehicle package -requires further manufacture and certification by a final stage manufacturer,In addition,Ford urges manufacturers to follow the recommendations of the Ford Incomplete Vehicle Manual and the Ford Truck Body Builder's Layout Book (and applicable supplements),Spare Wheel,Tire,Carrier &Jack Delete,Rear Bumper Delete 942 DAYTIME RUNNING LAMPS (DRL),-inc:The non-controllable 942 Daytime Running Lamps (DRL)$45.00 replace the standard Daytime Running Lamps (DRL),on/off cluster controllable 872 REAR VIEW CAMERA &PREP KIT,-inc:loose camera,wiring bundle and electrochromic mirror $415.00 w/video display 43C 11OV/400W OUTLET,-inc:1 in-dash mounted outlet,Extra Heavy-Duty 200 Amp Alternator $75.00 600A ORDER CODE 600A $0.00 SUBTOTAL $33,035.00 Advert/Adjustments $0.00 Manufacturer Destination Charge $1,295.00 TOTAL PRICE $34,330.00 Est City:N/A MPG Est Highway:N/A MPG Est Highway Cruising Range:N/A mi Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating conditions. https:/lwww.nationalautofleetgroup.com/OrderRequestlSSDPrinU6620?ws=true&se=true&ssdType=BodyUpfitQuote 7/10 11.c Packet Pg. 181 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter Standard Equipment MECHANICAL Engine:6.2L 2-Valve SOHC EFI NA VB Flex-Fuel -inc:Flex-Fuel badge on fleet orders only Transmission:TorqShift-G 6-Spd Auto w/SelectShift 3.73 Axle Ratio GVWR:9,950 Ib Payload Package 50-State Emissions System Transmission w/Oil Cooler Rear-Wheel Drive 72-Amp/Hr 650CCA Maintenance-Free Battery w/Run Down Protection 157 Amp Alternator Class V Towing w/Harness,Hitch and Trailer Sway Control 4200#Maximum Payload HD Shock Absorbers Front Anti-Roll Bar Firm Suspension Hydraulic Power-Assist Steering 34 Gal.Fuel Tank Single Stainless Steel Exhaust Front Suspension w/Coil Springs Leaf Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS,Front And Rear Vented Discs,Brake Assist and Hill Hold Control EXTERIOR Wheels:17"Argent Painted Steel -inc:painted hub covers/center ornaments Tires:LT245/75Rx17E BSW A/S (4) Regular Box Style Steel Spare Wheel Full-Size Spare Tire Stored Underbody w/Crankdown Clearcoat Paint Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Rear Step Bumper Black Side Windows Trim and Black Front Windshield Trim Black Door Handles Black Manual Side Mirrors w/Manual Folding Manual Extendable Trailer Style Mirrors Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Black Grille Front License Plate Bracket https:l!www.nationalautofleetgroup.com/OrderRequestlSSDPrintl6620?ws=true&se=true&ssdType=BodyUpfitQuote 8/10 11.c Packet Pg. 182 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter Manual Tailgate/Rear Door Lock Tailgate Rear Cargo Access Fully Automatic Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light ENTERTAINMENT 1 LCD Monitor In The Front Radio:AM/FM Stereo -inc:digital clock and 4-speakers Fixed Antenna INTERIOR 4-Way Driver Seat -inc:Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc:Manual Recline and Fore/Aft Movement Manual TiltlTelescoping Steering Column Gauges -inc:Speedometer,Odometer,Oil Pressure,Engine Coolant Temp,Tachometer,Transmission Fluid Temp,Engine Hour Meter,Trip Odometer and Trip Computer Manual Air Conditioning Illuminated Locking Glove Box Interior Trim -inc:Chrome Interior Accents Full Cloth Headliner Urethane Gear Shift Knob HD Vinyl 40/20/40 Split Bench Seat -inc:center armrest,cupholder,storage and driver's side manual lumbar Day-Night Rearview Mirror Passenger Visor Vanity Mirror 2 12V DC Power Outlets Front Map Lights Fade-To-Off Interior Lighting Full Vinyl/Rubber Floor Covering Underhood And Pickup Cargo Box Lights Instrument Panel Bin and Covered Dashboard Storage Manual 1st Row Windows Systems Monitor Trip Computer Outside Temp Gauge Analog Display Manual Adjustable Front Head Restraints Securilock Anti-Theft Ignition (pats)Engine Immobilizer Air Filtration SAFETY Electronic Stability Control (ESC)And Roll Stability Control (RSC) https:llwww.nationalautofleetgroup.com/OrderRequestlSSDPrintl6620?ws;true&se;true&ssdType;BodyUpfitQuote 9/10 11.c Packet Pg. 183 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford 3/28/2018 Sell,service,and deliver letter ABS And Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat-Mounted Side Airbags Tire Specific Low Tire Pressure Warning Dual Stage Driver And Passenger Front Airbags w/Passenger Off Switch Safety Canopy System Curtain 1st Row Airbags Mykey System -inc:Top Speed Limiter,Audio Volume Limiter,Early Low Fuel Warning,Programmable Sound Chimes and Beltminder w/Audio Mute Outboard Front Lap And Shoulder Safety Belts -inc:Height Adjusters Back-Up Camera https:llwww.nationalautofleetgroup.com/OrderRequestiSSDPrinti6620?ws=true&se=true&ssdType=BodyUpfitQuote 10/10 11.c Packet Pg. 184 Attachment: PW.NJPA Quote ID#6620 - 6 F250-with Service Bodies (5518 : Issuance of a Purchase Order to National Auto Fleet Group for Ford Date: To: From: Subject: Recommendation City of San Bernardino Request for Council Action May 2, 2018 Honorable Mayor and City Cou?fil Members Andrea M. Miller, City Manager�� \ft\ By: Trish Rhay, Director of Public Works Consent Calendar Alex Qishta, Deputy Director of Public Works/City Engineer Ryan Aschenbrenner, Real Property Specialist Joint Use Agreement with Southern California Edison for Waterman Industrial Center South of Dumas Street Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Joint Use Agreement with the Southern California Edison Company for the relocation of Company facilities in connection with Development Permit Type-D 15-11. Background Utility facilities that are placed in public rights-of-way pursuant to a franchise privilege from a city or county, or pursuant to State Law, do not convey any property rights and Utility Owners are to relocate at their own expense whenever requested to do so for a legitimate or proper governmental purpose by State or local authorities. Required relocations for construction of roads facilities are covered under "proper governmental purpose." Dumas Street is a paved road located south of Orange Show Road which lies between Waterman Avenue and the Twin Creek Channel. The road improvements vary in width between 20 and 30 feet. Pursuant to a condition of approval, the developers of the Waterman Industrial Center, located at the &uthwest comer of Waterman Avenue and Dumas Street, will improve Dumas Street {o ultimate width along the project's frontage which includes widening their half of the street to construct curb and gutter 20 feet from centerline and dedicating to the ultimate right-of-way of 30 feet from centerline. Discu ssion The Southern California Edison Company (Edison) has utility poles currently within 20 feet of the centerline of Dumas Street which would place them within the new roadway of the improved Dumas Street. These utility poles occupy an easement, attached to this report as Attachment -1, which predates the right-of-way of Dumas Street and establishes Edison's prior rights, thus the City cannot request that Edison relocate these 12.a Packet Pg. 185 Attachment: PW.JUA with SCE for Waterman & Dumas.00.StaffReport (5517 : Joint Use Agreement with Southern California Edison for poles at Edison’s cost. The developer will pay to relocate these facilities to the new sidewalk area which will be built along the project frontage as well as dedicate easements to Edison for those portions of the new alignment to which they hold underlying fee title. Edison has requested a 30 foot wide right-of-way centered on the new alignment, and while the developer owns much of the underlying fee title, they do not own all of the underlying fee title. Edison has requested that the City enter into a Joint Use Agreement (JUA) with Edison, which would perpetuate the prior rights Edison enjoys within the old alignment to those portions of the new alignment for which the developer does not convey an easement and protects Edison from costs associated with any defect in the City’s title to the right- of-way or future requests to relocate. The area to be subject to the JUA is a 12.5 foot wide strip of right-of-way, 369.70’ feet long as depicted in Exhibit “B” to the JUA. Without a JUA any portion of the new alignment within the public right-of-way which the developer cannot convey an easement for would be considered to be occupied pursuant to franchise privilege which would make Edison liable for future relocation costs in the event that the City requests Edison to relocate. Dumas Street will have been improved to its ultimate width at the completion of the Waterman Industrial Center project. No future requests for Edison to relocate these facilities are planned. 2018-2019 Goals and Objectives The proposed Agreement with Edison aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City. The relocation of Edison’s facilities will provide long term economic growth associated with the development of the Waterman Industrial project. Fiscal Impact There are no costs associated with this action at this time. In the future, should the City request that Edison relocate the facilities within the JUA area, the City would be liable for the cost of the requested relocation. Conclusion It is recommended that the Mayor and City Council adopt the Resolution, approving the JUA with Southern California Edison. Attachments Attachment 1 – Edison Easement Attachment 2 – Resolution; Exhibit A (Agreement Documents including Legal Description and Plat) 12.a Packet Pg. 186 Attachment: PW.JUA with SCE for Waterman & Dumas.00.StaffReport (5517 : Joint Use Agreement with Southern California Edison for Ward: 3 Synopsis of Previous Council Actions: • July 5, 2016 – The Mayor and City Council adopted Resolution 2016-143 adopting a Mitigated Negative Declaration and approving various other actions related to the development of an industrial warehouse building located on the southwest corner of Waterman Avenue and Dumas Street. 12.a Packet Pg. 187 Attachment: PW.JUA with SCE for Waterman & Dumas.00.StaffReport (5517 : Joint Use Agreement with Southern California Edison for 12.b Packet Pg. 188 Attachment: PW.JUA with SCE for Waterman & Dumas.01.Attachment 1 - Edison Easement (5517 : 12.b Packet Pg. 189 Attachment: PW.JUA with SCE for Waterman & Dumas.01.Attachment 1 - Edison Easement (5517 : 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. 2018-124 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF COMPANY FACILITIES IN CONNECTION WITH DEVELOPMENT PERMIT TYPE-D 15-11 WHEREAS the Southern California Edison Company is the owner in possession of certain rights of way and easement for electrical facilities by virtue of a Grant of Easement from Claus M. Sieck and Lotte M. Sieck to Southern California Edison Company, a corporation, dated September 5, 1931, recorded September 15, 1931, as Instrument No. 99, in Book 754, Page 149, of Official Records, in the Office of the County Recorder of San Bernardino County; and WHEREAS the City of San Bernardino has acquired easement rights for street and highway purposes for the construction and/or improvement of Dumas Street in the City of San Bernardino, County of San Bernardino, State of California; and WHEREAS Southern California Edison Company’s facilities as now installed and located within the right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street and the City desires to eliminate such interference or obstruction. 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 the Agreement with Southern California Edison Company, attached hereto as Exhibit “A” and incorporated herein. SECTION 2. The above authorization is rescinded if the parties to the agreement fail to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of the passage of this Resolution. \\\ \\\ \\\ 1 12.c Packet Pg. 190 Attachment: PW.JUA with SCE for Waterman & Dumas.02.Attachment 2 - Resolution (5517 : Joint Use Agreement with Southern California 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 A JOINT USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF COMPANY FACILITIES IN CONNECTION WITH DEVELOPMENT PERMIT TYPE-D 15-11 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. Approved as to form: R. Carey Davis, Mayor Gary D. Saenz, City Attorney City of San Bernardino By: 2 12.c Packet Pg. 191 Attachment: PW.JUA with SCE for Waterman & Dumas.02.Attachment 2 - Resolution (5517 : Joint Use Agreement with Southern California R E C O R D I N G R E Q U E S T E D B Y SOUTHERN CALIFORNIA EDISON COMPANY W H E N R E C O R D E D M A I L T O SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE & VALUATION S P A C E A B O V E T H I S L I N E F O R R E C O R D E R ' S U S E RP File No. JUA203442181 Serial No. 71359A Affects SCE DOC. 53780 Service Order: 801609648 JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this 2 day of May , 2018, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter called "City", W I T N E S S E T H: THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights: A Grant of Easement from Claus M. Sieck and Lotte M. Sieck to Southern California Edison Company, a corporation, dated September 5, 1931, recorded September 15, 1931, as Instrument No. 99, in Book 754, Page 149, of Official Records, in the Office of the County Recorder of San Bernardino County, hereinafter referred to as "Company's Easement"; and WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Dumas Street in said City of San Bernardino, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit B" and hereby made a part hereof which said highway right of way is subject to Company's easement; and WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows: The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", more particularly described in the Exhibit “A”, and more particularly 12.d Packet Pg. 192 Attachment: PW.JUA with SCE for Waterman & Dumas.03.Attachment 2 - Exhibit A - JUA (5517 : Joint Use Agreement with Southern California JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of San Bernardino Serial 71359A RP FILE: JUA203442181 depicted and designated as "area in Joint Use Agreement" on the Exhibit “B”, both attached hereto and by this reference made a part hereof. Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained. City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in s aid new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for t he protection of the traveling public. In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permiss ion from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any cos ts which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements. City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reason able costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities -2- 12.d Packet Pg. 193 Attachment: PW.JUA with SCE for Waterman & Dumas.03.Attachment 2 - Exhibit A - JUA (5517 : Joint Use Agreement with Southern California JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of San Bernardino Serial 71359A RP FILE: JUA203442181 or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense. Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger. This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By___________________________________ Melissa Martin Land Services Agent Land Management-Eastern Region Real Properties Department CITY OF SAN BERNARDINO, a municipal corporation By: Name: ANDREA M. MILLER Title: City Manager Attest: Name: Title: Approved as to form: GARY D. SAENZ, City Attorney By: -3- 12.d Packet Pg. 194 Attachment: PW.JUA with SCE for Waterman & Dumas.03.Attachment 2 - Exhibit A - JUA (5517 : Joint Use Agreement with Southern California JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of San Bernardino Serial 71359A RP FILE: JUA203442181 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -4- 12.d Packet Pg. 195 Attachment: PW.JUA with SCE for Waterman & Dumas.03.Attachment 2 - Exhibit A - JUA (5517 : Joint Use Agreement with Southern California JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of San Bernardino Serial 71359A RP FILE: JUA203442181 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -5- 12.d Packet Pg. 196 Attachment: PW.JUA with SCE for Waterman & Dumas.03.Attachment 2 - Exhibit A - JUA (5517 : Joint Use Agreement with Southern California 12.ePacket Pg. 197Attachment: PW.JUA with SCE for Waterman & Dumas.04.Attachment 2 - Exhibit A - JUA - Exhibits (5517 : Joint Use Agreement with Southern 12.ePacket Pg. 198Attachment: PW.JUA with SCE for Waterman & Dumas.04.Attachment 2 - Exhibit A - JUA - Exhibits (5517 : Joint Use Agreement with Southern 13.a Packet Pg. 199 Attachment: CD.DCA 18-01 Final Reading.Report (5516 : Final Reading – Development Code 18-01 Veterinary Services) Attachment 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. MC-1492 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 18-01 TO AMEND CHAPTER 19.06 (COMMERCIAL ZONES), TABLE 06.01 (COMMERCIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ALLOW VETERINARY SERVICES (WITH ANIMAL BOARDING) WITHIN THE COMMERCIAL GENERAL (CG-3) ZONE SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. 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 2018-012 recommending the adoption of the Categorical Exemption, and the approval of Development Code 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 April 6, 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 18-01: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: Table LU-2 of the City of San Bernardino General Plan describes the Commercial General (CG-3) Zone within the commercial land use district as allowing “Local and regional serving retail, personal service, entertainment, office, and related commercial uses.” The proposed amendment would allow, subject to approval of a Conditional Use Permit, veterinary services within the Commercial General CG-3 Zone. Therefore, the proposed ordinance is consistent with the City’s General Plan. 1 13.b Packet Pg. 200 Attachment: CD.DCA 18-01 Final Reading.Attachment 1.Ordinance (5516 : Final Reading – Development Code 18-01 Veterinary Services) Attachment 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 Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed use would be compatible with surrounding development, will be similar to other medical uses currently permitted within the existing zoning district, and will be reviewed and conditioned to ensure compliance with environmental and development standards, as well as health, safety, and welfare concerns. 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 18-01 and concluded that Development Code 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 additional potential significant environmental impacts that may result from the proposed Development Code Amendment 18-01 to allow Veterinary Services (with animal boarding) within the Commercial General (CG-3) zone. Additionally, each proposal will be subject to the approval of a Conditional Use Permit, with appropriate conditions of approval and independent CEQA determination. SECTION 4. Development Code Amendment 18-01 amending the City of San Bernardino Development Code Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) to allow Veterinary Services (with animal boarding) within the Commercial General (CG-3) zone subject to the approval of a Conditional Use Permit, is hereby approved and incorporated herein as follows: 2 13.b Packet Pg. 201 Attachment: CD.DCA 18-01 Final Reading.Attachment 1.Ordinance (5516 : Final Reading – Development Code 18-01 Veterinary Services) Attachment 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 LAND USE ACTIVITY CO CG- 1 CG- 2 CG- 3 CR- 1 CR- 2 CR- 3 CR- 4 CH CCS- 1 CCS- 2 K. Service Commercial Commercial establishments, which store large inventories of goods typically in industrial- style structures where goods are not produced on the site, but are offered for sale. Examples of allowable land use activities include, but are not limited to, the following: -- D D -- -- D D -- D D D 1. Catering Establishments 2. Cleaning/Janitorial -- D D -- -- D D -- D D D 3. Copy Centers/Postal Service Centers and Blueprinting D D D D D D D -- D D D 4. Equipment Rental/Sales/Service Yard -- -- -- -- -- -- -- -- D -- -- 5. Laboratories (e.g., Film, Medical and Dental, “R&D”, etc.) D D D D D D D -- D D D 6. Misc. Repairs/Services (indoors only) -- D D D D D D -- D D D 7. Publishing/Printing Plants -- -- -- -- -- D -- -- D D D 8. Recycling Facilities D6 D6 D6 D6 D6 D6 D6 D6 D6 D6 D6 9. Recycling Facilities (reverse vending only) D D D D D D D -- D D D 10. Veterinary Services – Animal Boarding -- C C C -- -- -- -- C -- C 11. Veterinary Services – No Animal Boarding -- D D -- -- -- -- -- D -- -- 12. Welding and Related Uses -- -- -- -- -- -- -- -- D -- -- 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 13.b Packet Pg. 202 Attachment: CD.DCA 18-01 Final Reading.Attachment 1.Ordinance (5516 : Final Reading – Development Code 18-01 Veterinary Services) Attachment 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 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 18-01 TO AMEND CHAPTER 19.06 (COMMERCIAL ZONES), TABLE 06.01 (COMMERCIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ALLOW VETERINARY SERVICES (WITH ANIMAL BOARDING) WITHIN THE COMMERCIAL GENERAL (CG-3) ZONE SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. 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 13.b Packet Pg. 203 Attachment: CD.DCA 18-01 Final Reading.Attachment 1.Ordinance (5516 : Final Reading – Development Code 18-01 Veterinary Services) 14.a Packet Pg. 204 Attachment: CM.Hearing Office OAH. STAFF REPORT (5514 : First Amendment to the Agreement with the State of California, Office of It is anticipated that additional cost for hearing officer services through June 30, 2019, will be $80,000. As the need for service continues, the Purchase Order requires modification by increasing the amount for a total not to exceed $195,710. The amount includes services provided from November 24, 2017, and anticipated through June 30, 2019. 2018-2019 Goals & Objectives The proposed First Amendment aligns with Goal No. 5. Improve City Government Operations, by ensuring that we have the tools and resources to effectively conduct hearings by hiring qualified hearing officers. Fiscal Impact Services have been billed to the City in the amount of $115,710, it is anticipated the total additional cost for the remainder of fiscal year 2017/18 will be $20,000, for a total of $135,710. There is sufficient funding in the Adopted FY 2017/18 Budget. The amount of $60,000 will be included in the proposed FY 2018/19 Budget. Conclusion Staff recommends that the Mayor and City Council adopt the Resolution, approving the First Amendment to the Agreement with the State of California, Office of Administrative Hearings. Attachments Attachment 1 – Resolution; Exhibit A- First Amendment to the Agreement with State of California Attachment 2 – Original Agreement dated June 27, 2017 Ward: Various Synopsis of Previous Council Actions: •None 14.a Packet Pg. 205 Attachment: CM.Hearing Office OAH. STAFF REPORT (5514 : First Amendment to the Agreement with the State of California, Office 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. 2018-125 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS TO INCREASE THE TOTAL AMOUNT BY $147,710 AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE THE PURHCASE ORDER FOR A TOTAL AMOUNT NOT TO EXCEED $195,710 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 and directed to execute the First Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings attached hereto as Exhibit “A”, in an amount not to exceed $195,710. SECTION 2. The Director of Finance is hereby authorized to increase the Purchase Order for a total amount not to exceed $195,710. SECTION 3. The authorization to execute the above-referenced amendment is rescinded if the amendment is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. / / / / / / / / / / / / / / / / / / / / / / / / 1 14.b Packet Pg. 206 Attachment: CM.Hearing Office OAH. RESOLUTION (5514 : First Amendment to the Agreement with the State of California, Office 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 CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS TO INCREASE THE TOTAL AMOUNT BY $147,710, AND AUTHORIZE THE DIRECTOR OF FINANCE TO INCREASE THE PURHCASE ORDER FOR A TOTAL AMOUNT NOT TO EXCEED $195,710 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: ___________________________ 2 14.b Packet Pg. 207 Attachment: CM.Hearing Office OAH. RESOLUTION (5514 : First Amendment to the Agreement with the State of California, Office of FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS THIS FIRST AMENDMENT (“AMENDMENT”) TO AGREEMENT is made and entered into this ______ day of ______, 2018 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and the State of California, Department of General Services, Office of Administrative Hearings ("CONSULTANT"). W I T N E S S E T H: WHEREAS, CITY and CONSULTANT entered into an Agreement for hearing officer services on June 27, 2017 (“Agreement”); and WHEREAS, CITY and CONSULTANT seek by this Amendment to increase the contract by an additional amount of $147,710 to a total amount not to exceed $195,710. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3 Compensation is hereby amended to increase the total contract amount to $195,710. 2. Original Agreement dated June 27, 2017, between the City of San Bernardino and the State of California, Department of General Services, Office of Administrative Hearings is attached as Attachment 1. This Amendment shall be included with the Agreement to describe scope of work, invoicing and payment and general terms and conditions. 3. Except for the changes specifically set forth herein, all other terms and conditions of the agreement shall remain in full force and effect. [Signature Page Follows] 1 14.c Packet Pg. 208 Attachment: CM.Hearing Office OAH.FIRST AMENDMENT.EXHIBIT A (5514 : First Amendment to the Agreement with the State of California, FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, STATE OF CALIFORNIA A Charter City CONSULTANT ______________________________ ________________________ Andrea M. Miller, City Manager Signature ________________________ Name and Title ATTEST: ____________________________________ Georgeann Hanna, CMC, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 2 14.c Packet Pg. 209 Attachment: CM.Hearing Office OAH.FIRST AMENDMENT.EXHIBIT A (5514 : First Amendment to the Agreement with the State of California, 14.d Packet Pg. 210 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of 14.d Packet Pg. 211 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of 14.d Packet Pg. 212 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of 14.d Packet Pg. 213 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of 14.d Packet Pg. 214 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of 14.d Packet Pg. 215 Attachment: CM.Hearing Office OAH.ATTACHMENT 2 (5514 : First Amendment to the Agreement with the State of California, Office of • • ' I -��)j·�-. -����i.· i' . ' / I Date: To: From: Subject: City of San Bernardino Request for Council Action May 2, 2018 / Honorable Mayor.and City C � nci�mbers Andrea M. Miller, City Manag � By: Trish Rhay, Director of ublic Works Consent Calendar Continue Report on Verdemont Community Center Recommendation Continue the Verdemont Community Center report to May 16, 2018 to allow staff additional time to gather the requested information, analyze data, and report to Council. Background On April 4, 2018, staff presented the following recommendations to the Mayor and City Council: 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. 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. At the meeting of April 4, 2018, the the Mayor and City Council requested additional information . The motion was made to continue the item to the May 2, 2018 Mayor and Council meeting. Discussion The Verdemont project spans several years and most of the staff involved in the original project are no longer with the City. Documents related to this project are not currently contained in a single location or source. Staff requires additional time to research and gather with requested information. 15.a Packet Pg. 216 Attachment: PW.Verdemont Community Center Staff Report - Continuance Request (5513 : Continue Report on Verdemont Community Center) Fiscal Impact None Conclusion It is recommended that the Mayor and City Council continue the Verdemont item to the meeting of May 16, 2018. Attachments None Ward: Fifth Ward 15.a Packet Pg. 217 Attachment: PW.Verdemont Community Center Staff Report - Continuance Request (5513 : Continue Report on Verdemont Community Center) • • • I .;-A -•Mf , ' I I Date: To: From: Subject: City of San Bernardino Request for Council Action May 2, 2017 Audited Financial Statements for Fiscal Year 2017 Staff Report Recommendation Review and discuss the completed audited financial statements for Fiscal Year 2017 and receive an oral presentation. Background The City is required to have an annual audit of all its accounts by a certified public accounting firm. The City contracts with the Pun Group, LLC to perform this function, which is under contract through fiscal year 2019/20. They have completed this task for the 2016/17 fiscal year. The results of that audit are being presented. The final audited financial statement is attached. Discussion The audit of the 2017 financial statements represents the 4th audit completed by the Pun Group. Pun has developed an efficient approach to completing the City's audit, and as a result has continued to complete them sooner than in the year before. This report, including the Single Audit report, was filed with the State Controller's Of fice in a timely fashion, by March 31 of the year following the fiscal year end. The auditor's opinion for a financial statement is most typically an "Unmodified" opinion. That implies two things - 1) the auditors were able to perform all the required tests of the accounts, and 2) the outcome of those tests was satisfactory. The San Bernardino opinion is a "Modified" opinion. That means that for some portion of the accounts, the auditors were not able to perform the required tests - it does not mean that the results of the tests they did perform were unsatisfactory. In the City's case, there are two modifications to the audit opinion, representing four areas where the auditors were not able to perform tests to prove the balances reported were accurate. They are: 16.a Packet Pg. 218 Attachment: FN-CAFR Report - 2017 Financial Statements (5512 : Audited Financial Statements for Fiscal Year 2017) • Collectability of Successor Agency Notes Receivable • Proper Valuation of Successor Agency Property Held for Resale These modifications are correctable, and staff has already met with Pun Group to discuss and develop a strategy to address for the 2017/18 fiscal audit. These two items have been report modifications for several years as a result of merging the dissolved EDA into the City’s accounts and insufficient records to support the recorded balances. In conversation with Pun Group, staff has developed an alternative approach to provide sufficient support that Pun Group can provide an opinion on these remaining report modifications. In the previous year, there were four report modifications. Two have been removed associated with the closure of the bankruptcy. Mayor and City Council and City Manager 2018-19 Goals and Objectives Completion of the audited financial statements for the City of San Bernardino in a timely and accurate manner aligns with Goal No. 6 Operate in a Fiscally Responsible and Business-Like Manner. The presentation of the City’s fiscal position is a transparent action which communicates to the public the results of the City’s financial business for the 2016/17 fiscal period. Fiscal Impact The City’s overall net position increased by approximately $101 million, as reported in the “Entity-wide” Statement of Activities and Changes in Net Position. This is attributed to an increase of $69 million in the Governmental Funds and $32 million in the Business Type Funds. These increases are due primarily to: 1) for the Governmental Activities- the recording of the recognized accounting gain associated with the exit of bankruptcy on June 15, 2017; and 2) for the Business-type Activities - the transfer of the Sewer Collection enterprise operation to the Water Department. At the “Fund Level” statements, the General Fund’s net position increased by $37 million, from $34 million to $71 million. This total includes resources described in the statements as “Non-spendable, Restricted or Committed.” This describes assets such as Property Held for Resale that is not currently a spendable asset as well as reserves that have other commitments or restrictions making them not generally available to the Mayor and City Council for expenditure. The available fund balance referred to as the “Unassigned” fund balance is reported as $30 million. The entire amount is currently available, but $6 million is recommended to be set aside for handing remaining bankruptcy-related costs and settlement obligations. This leaves an available total of $24 million as of June 30, 2017. The $30 million represents a fund balance reserve of more than 20% in relation to the adopted 2017/18 General Fund expenditure budget of $119.8 million. This exceeds the targeted level of 15% discussed in the City’s financial plan. Additionally attached for the review of the Mayor and City Council, is the City’s 2017 Single audit. This report is the result of the auditor’s work evaluating the City’s compliance with Federal grant funding. The auditors again were able to successfully complete their audit of the City’s Federal grant funding, however as in past years, there 16.a Packet Pg. 219 Attachment: FN-CAFR Report - 2017 Financial Statements (5512 : Audited Financial Statements for Fiscal Year 2017) are a number of findings which current City staff are working to eradicate. There are six findings that remain yet to be cleared. However, since the 2015 Single Audit, staff has been able to successfully clear eleven of the original seventeen findings identified by the auditors. Current efforts will continue to clear the remaining findings. The City was the recipient of $5.7 million in Federal funds in 2017 and a “clean” Single Audit makes the City more competitive for other funding opportunities as they arise. Conclusion The Mayor and City Council will receive a presentation from staff on the audited financial statements. Attachments Attachment 1 – 2017 Audited Financial Statements Attachment 2 – 2017 Single Audit Report Ward: Citywide Synopsis of Previous Council Actions: N/A 16.a Packet Pg. 220 Attachment: FN-CAFR Report - 2017 Financial Statements (5512 : Audited Financial Statements for Fiscal Year 2017) For the Year Ended June 30, 2017 16.b Packet Pg. 221 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 222 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 223 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 224 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Government Auditing Standards www.pungroup.com 16.b Packet Pg. 225 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Basis for Qualified Opinion on Governmental Activities, Major Federal and State Grants Special Revenue Fund, Major Low and Moderate Income Housing Special Revenue Fund, and the Aggregate Remaining Fund Information 16.b Packet Pg. 226 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Qualified Opinions Basis for Qualified Opinions on Governmental Activities, Major Federal and State Grants Special Revenue Fund, Major Low and Moderate Income Housing Special Revenue Fund, and the Aggregate Remaining Fund Information Unmodified Opinions Transfer of Sewer Collection Operations Extraordinary Gain on Bankruptcy Settlements 16.b Packet Pg. 227 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Change in CalPERS Discount Rate Required Supplementary Information Other Information 16.b Packet Pg. 228 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Government Auditing Standards Government Auditing Standards Government Auditing Standards 16.b Packet Pg. 229 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 230 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 231 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 232 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : 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Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 263 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 264 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 265 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 266 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 267 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 268 Attachment: FN-2017.San 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(AHS) San Bernardino Joint Powers Financing Authority (Authority) 16.b Packet Pg. 270 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year “economic resources” 16.b Packet Pg. 271 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year "current financial resources" General Fund – Federal and State Grants Fund Low and Moderate Income Housing Fund Sales and Road Fund 16.b Packet Pg. 272 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year "economic resources" Water Fund – Sewer Fund – Sewer Collection Fund – Integrated Waste Fund – 16.b Packet Pg. 273 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Successor Agency of the Redevelopment Agency for the City of San Bernardino 16.b Packet Pg. 274 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Deferred Outflows of Resources Deferred Inflows of Resources 16.b Packet Pg. 275 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year - - - 16.b Packet Pg. 276 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 277 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 278 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 279 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 280 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 281 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year GASB Statement No. 73 Accounting and Financial Reporting for Pension and Related Assets That Are Not within the Scope of GASB Statement 68, and Amendments to Certain Provisions of GASB Statements 67 and 68 GASB Statement No. 74 Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans 16.b Packet Pg. 282 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year GASB Statement No. 77 Tax Abatement Disclosures GASB Statement No. 78 Pensions Provided Through Certain Multiple-Employer Defined Benefit Pension Plans GASB Statement No. 79 Certain External Investment Pools and Pool Participants GASB Statement No. 80 Blending Requirements for Certain Component Units – An Amendment of GASB Statement No. 14 16.b Packet Pg. 283 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Pension Issues – An Amendment of GASB Statements No. 67, No. 68, and No. 73 Financial Reporting for Pension Plans Accounting and Financial Reporting for Pensions Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement 68, and Amendments to Certain Provisions of GASB Statements 67 and 68 GASB Statement No. 75 Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. GASB Statement No. 81 Irrevocable Split-Interest Agreements GASB Statement No. 83 Certain Asset Retirement Obligations 16.b Packet Pg. 284 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year GASB Statement No. 84 Fiduciary Activities GASB Statement No. 85 Omnibus 2017 GASB Statement No. 86 Certain Debt Extinguishment Issues. GASB Statement No. 87 Leases. 16.b Packet Pg. 285 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 286 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 287 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 288 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 289 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 290 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year inter alia 16.b Packet Pg. 291 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 292 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 293 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 294 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 295 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 296 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year ? ? ? 16.b Packet Pg. 297 Attachment: FN-2017.San Bernardino.Annual Financial and 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329 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year general liability 16.b Packet Pg. 330 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Pension Contributions Made after the Measurement Date 16.b Packet Pg. 331 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Difference between Projected and Actual Earnings on Pension Plan Investments Difference between Expected and Actual Experience 16.b Packet Pg. 332 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Differences in Proportions Total Pension-Related Deferred Outflows 16.b Packet Pg. 333 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited 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Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 358 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 359 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Inland Valley Development Agency San Bernardino International Airport Authority 16.b Packet Pg. 360 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year San Bernardino Regional Water Resource Authority Colton / San Bernardino Regional Tertiary Treatment and Water Reclamation Authority San Bernardino Public Safety Authority West End Water Development, Treatment and Conservation Joint Powers Authority 16.b Packet Pg. 361 Attachment: FN-2017.San Bernardino.Annual Financial and Independent 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Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 384 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 385 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 386 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Concluded) 16.b Packet Pg. 387 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 388 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 389 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 390 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Concluded) 16.b Packet Pg. 391 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 392 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Internal Service Funds Workers'Compensation Fund Central Services Fund Information Systems Fund Telephone Support Fund Motorpool Fund Liability Insurance Fund 16.b Packet Pg. 393 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 394 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Pg. 400 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Concluded) 16.b Packet Pg. 401 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 402 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year Assessment District #977A Assessment District #977B Assessment District #1003 Special Deposits Cemetery Perpetual Care San Bernardino Water Resource Authority 16.b Packet Pg. 403 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Continued) 16.b Packet Pg. 404 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year (Concluded) 16.b Packet Pg. 405 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 406 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year 16.b Packet Pg. 407 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year This page intentionally left blank. 16.b Packet Pg. 408 Attachment: FN-2017.San Bernardino.Annual Financial and Independent Auditor Report (5512 : Audited Financial Statements for Fiscal Year For the Year Ended June 30, 2017 16.c Packet Pg. 409 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 410 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Government Auditing Standards 16.c Packet Pg. 411 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) This page intentionally left blank. 16.c Packet Pg. 412 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) GOVERNMENT AUDITING STANDARDS Independent Auditors’ Report Government Auditing Standards Basis for Qualified Opinion on Governmental Activities,Major Federal and State Grants Special Revenue Fund, Major Low and Moderate Income Housing Special Revenue Fund, and the Aggregate Remaining Fund Information www.pungroup.com 16.c Packet Pg. 413 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) deficiency in internal control material weakness significant deficiency Government Auditing Standards 16.c Packet Pg. 414 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Government Auditing Standards 16.c Packet Pg. 415 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) This page intentionally left blank. 16.c Packet Pg. 416 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Independent Auditors’ Report OMB Compliance Supplement Management’s Responsibility Auditor’s Responsibility Government Auditing Standards Code of Federal Regulations Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Opinion on Each Major Federal Program www.pungroup.com 16.c Packet Pg. 417 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) deficiency in internal control over compliance material weakness in internal control over compliance significant deficiency in internal control over compliance 16.c Packet Pg. 418 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Code of Federal Regulations Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 16.c Packet Pg. 419 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) This page intentionally left blank. 16.c Packet Pg. 420 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Direct Progra m: Direct Progra m: Direct Progra m: Passe d through County of San Bernardino Law and Justice Group: Passe d through State of California Offi ce of Traffi c Safety: Passe d through State of California Offi ce of Traffi c Safety: Direct Progra m: 16.c Packet Pg. 421 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Passed through California Department of Aging: Passed through County of San Bernardino Department of Ag ing and Adult Services Di rect Program: Di rect Program: Passed through City of Riverside Fire Department Passed through County of San Bernardino Fi re Protection District 16.c Packet Pg. 422 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) U.S. Code of Federal Regulations Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 16.c Packet Pg. 423 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 424 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 425 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 426 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 427 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 428 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments 16.c Packet Pg. 429 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Accounting and Financial Report for Pensions 16.c Packet Pg. 430 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 431 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 432 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 433 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 434 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 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FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 443 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Control environment Risk assessment Control activities Information and communication Monitoring 16.c Packet Pg. 444 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 445 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 446 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 447 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 448 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Accounting and Financial Reporting for Chapter 9 Bankruptcies 16.c Packet Pg. 449 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments 16.c Packet Pg. 450 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Accounting and Financial Report for Pensions 16.c Packet Pg. 451 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 452 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 453 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) Communications with Those Charged with Governance 16.c Packet Pg. 454 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 455 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 456 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 457 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 16.c Packet Pg. 458 Attachment: FN-2017.San Bernardino.Single Audit (5512 : Audited Financial Statements for Fiscal Year 2017) 17.a Packet Pg. 459 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle The County Fire proposal was predicated on the annexation of the City into the San Bernardino County Fire Protection District. Annexation relieves the City of responsibility for management of the service and also for long-term costs of capital and equipment. Under the annexation process, the City would come to an agreement with County Fire on a fire service delivery plan to meet the needs of the City. County Fire and the City would then agree to a property tax sharing agreement which would fund the agreed- upon level of service. Annexation was also crucial to another important consideration for the City as it sought to exit bankruptcy; the generation of additional revenue. Annexation allowed the City to submit an annexation proposal which would generate parcel tax revenue if approved via the annexation process. (The protest provisions afforded through the LAFCO process allow the residents/property owners to determine the success or failure of the proposal.) Generating new revenues was an explicit component of the adopted plan of adjustment, making the parcel tax revenue a critical portion of the County proposal. The parcel tax, which ultimately became a part of the annexation process, was approximately $140 per year at that time and would generate approximately $7 million per year. The Board of Supervisors would have responsibility for levying this parcel tax on an annual basis after annexation. After thoroughly reviewing all proposals, staff made a recommendation to submit an annexation application to the Mayor and City Council on August 24, 2015. This analysis showed that the annexation into the San Bernardino County Fire District (County Fire) would have operational and economic benefits to the City. Operationally, County Fire offered a stable, sustainable, service delivery model which would allow the City to take advantage of several economy of scale benefits associated with a regional service provider such as County Fire. In addition, the County had certain dispatch advantages which could allow for improved response times. At that time, the City was concerned with both fire call volume and response time. In the earlier referenced Citygate analysis total response time for 90% of calls had been measured at 9 minutes and 36 seconds, much higher than the 7 minute response time recommended in an urban setting. From an economic standpoint, the major advantage to the City was that it could annex into an area with a parcel tax, generating revenue to offset fire service delivery costs and reducing the necessary property tax transfer from the City to County Fire. In addition, the City’s financial advisors, Urban Futures, generated an analysis for the August 24, 2015 report that noted the City was not currently funding certain necessary costs associated with the provision of fire services, notably equipment replacement, facility maintenance and overhead. It was also noted that after annexation the City would have reduced obligations and thus costs for labor negotiations, legal costs, liability insurance, training costs, workers compensation, payroll, finance and more. (At that time the City’s bankruptcy counsel estimated annual litigation costs with the City fire 17.a Packet Pg. 460 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle union were between $2 - $3 million per year.) This analysis also noted that the City would continue to have responsibility for certain legacy pension liabilities. At that time it was estimated that a fully funded City fire department would have costs of at least $36.3 million in 2016/17. The estimated cost of County fire service was estimated at $32 million for 2016/17 before the parcel tax revenue off-set. After the Council’s approval to move forward with annexation in August 2015, it took approximately nine months to complete the LAFCO process, including approval of the tax sharing agreement. County Fire took over responsibility for providing fire service to the City of San Bernardino on July 1, 2016. Discussion Financial Analysis There has been significant interest regarding the operating and financial results of the first year of fire service provided by County Fire. The primary question has been about how the actual costs incurred by County Fire and the actual revenue transferred to County Fire from the City, have compared to the plan. City staff worked closely with the County and County Fire staff to prepare an analysis of the financial position for the San Bernardino fire service for FY 2016/17. A table summarizing the results is below. County Fire received revenues of $35.2 million during FY 2016-17. Of that amount, roughly $1.8 million of RPTTF Residual is due back to the City pursuant to the terms of City of San Bernardino Fire Annexation Report Cost Variance Analysis Fiscal Year 2016-17 Per LAFCO Actual 2016-17 Annex Report Rev's/Exp's Revenues: Transferred Taxes Subtotal - Transferred Taxes 21,596,954 25,750,649 SBCFPD Generated Revenue Subtotal - SBCFPD Revenue 10,452,052 9,505,672 Total SBCFPD Resources 32,049,006 35,256,321 Expenditures: Total SBCFPD Expenditures 31,416,024 35,304,353 Preliminary FY2016-17 Net Position 632,982 (48,032) Projected RPTTF Residual to Return to City - (1,793,700) FINAL FY 2016-17 Net Position 632,982$ (1,841,732)$ 17.a Packet Pg. 461 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle the City/County VLF Swap Agreement (see Fiscal Impact section below). The table indicates that County Fire spent $35.3 million fulfilling the responsibilities associated with providing fire service within the City during the year. After considering the funds to be returned to the City, the operating deficit was $1.8 million. The forecast in the LAFCO annexation report anticipated a surplus of $.6 million. Revenue The LAFCO forecast anticipated revenues of $32.0 million to support the County’s provision of fire service to the City. Actual revenues were $35.2 million. However, as noted above (and discussed in further detail below), approximately $1.8 million of the revenue is recoverable by the City per the terms of the VLF Swap Agreement with the County. After considering this adjustment, net revenues were approximately $1.4 million greater than forecast. Transferred Taxes was the largest category of the anticipated $32 million, accounting for $21.6 million. The largest variance within this category was with the “City’s” Ad Valorem and Residual RPTTF property tax receipts which generated $4.0 million more than forecast. However, after netting out the nearly $1.8 million that will flow back to the City this is a positive variance of $2.3 million. The VLF In-Lieu funding was consistent with the forecast generating a modest variance of $.2 million better than anticipated. The third piece of the Transferred Taxes is related to funding the City receives based on its relationship with the Inland Valley Development Authority (IVDA). The forecast anticipated $4.5 million from this source and actual receipts were $.1 million less. All totaled, the Property Tax component generated a net $2.3 million positive variance. Per LAFCO Actual 2016-17 Annex Report Rev's/Exp's Revenues: Transferred Taxes City Ad Valorem Taxes 9,941,020$ 12,192,874$ City Residual RPTTF Funding 600,000 2,393,700 City VLF In-Lieu Taxes 6,560,349 6,764,204 IVDA Residual RPTTF Funding 2,318,202 1,729,450 IVDA Negotiated Pass-Through 2,177,383 2,670,421 Subtotal - Transferred Taxes 21,596,954 25,750,649 SBCFPD Generated Revenue FP-5 Parcel Parcel Tax 7,409,899 7,281,525 CFD 1033 835,323 919,839 Fire Prevention Fees 1,190,372 373,859 Other Fees & Charges 1,016,458 930,449 Subtotal - SBCFPD Revenue 10,452,052 9,505,672 Total SBCFPD Resources 32,049,006 35,256,321 17.a Packet Pg. 462 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle County Fire forecasts generating $10.4 million in other revenue sources. At the end of the fiscal year, these other revenue sources generated only $9.5 million, a negative variance of $.9 million. The FP-5 Parcel Tax is the largest portion of this revenue, projected at $7.4 million but only generating $7.3 million. The CFD-1033 projected $.8 million and generating $.9 million. The final category of operating revenues (Fire Prevention fees, Hazardous Materials and other fees for services) was forecast to generate $2.2 million, but actual receipts were $1.3 million. Expenditures The LAFCO forecast planned for operating expenditures of $31.4 million. Actual expenditures as reported to the City are $35.3 million. The single largest category of expenditure is salaries and benefits, projected at $23.6 million. Actual expenditures were $23.4 million, $.3 million less due primarily to staffing vacancies. The second largest budget category was “services and supplies” required to run the operation. This component was budgeted at $3.6 million but was substantially over budget by $1.8 million, ending the year at $5.4 million. The primary reason for this variance was due to significant amounts of maintenance (not capital improvements) required at the various stations after County Fire took responsibility for the facilities. The next most significant budget item was a planned transfer of $1.8 million to the fire station/vehicle replacement fund. County Fire was only able to transfer $.4 million. This “positive” budget variance of $1.4 million is offset by the significant costs incurred for maintenance and capital expenditures beyond what was anticipated in the original budget. The next major category of expenditure was $1.4 million planned for overhead and program support costs. County Fire reports actual expenditures in this category of $4.0 million, with the variance due to unanticipated capital expenditures (individually greater than $45,000). All other expenditure budget categories collectively amounted to $.9 Per LAFCO Actual 2016-17 Annex Report Rev's/Exp's Expenditures: Salaries and Benefits 23,669,297 23,405,661 Services and Supplies 3,633,361 5,390,492 Structure and Improvements 569,200 988,388 Equipment 328,745 433,204 Station/Vehicle Replacement Fund 1,839,330 400,000 Other Charges 47,424 47,424 Transfers 1,328,667 4,001,844 LAFCO Fund Balance(???)- 637,340 Total SBCFPD Expenditures 31,416,024 35,304,353 17.a Packet Pg. 463 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle million, and primarily represent planned expenditures for equipment and structure improvements. Actual expenditures for these categories were $1.4 million. County Fire also made a payment of the originally anticipated net position to a reserve account called for in the LAFCO report. While that amount was intended, per the forecast, to be an available surplus, the actual results for FY 2016/17were different not generating the surplus position. That payment resulted in making the deficit position larger, but met the funding requirement for the reserve. Operational Analysis While the financial update discussion is the primary focus of this report, key operational information from the FY 2016/17 is helpful to the overall analysis of the new arrangement with County Fire. As noted in the Background, a key component in the decision to annex the fire function into County Fire is to leverage their efficiencies to reduce response times in the City. At the May 2, 2018 meeting, County Fire staff will make a presentation regarding their operating results for the FY 2016/17, but the City’s original objective to significantly reduce response times in San Bernardino has been achieved. Additionally, $1.1 million of new fire apparatus was purchased during the year consisting of a new squad truck and other miscellaneous equipment found to be inadequate (air packs, cardiac units and other technology upgrades). Additionally, nearly $1 million was spent on station improvements. Legacy Fire Pension Costs The City is responsible for the future pension benefits related to the period in which the firefighters were employed by the City, similar to the situation when employees separate from service. These are referred to as legacy costs. The legacy pension costs associated with the fire department for all the years it was a City responsibility are a continuing cost, borne by the City’s General Fund and incorporated into the annual budget process. The annexation decision essentially “caps” those costs because ongoing pension costs will now be paid by County Fire. However, the unfunded pension liability will remain an obligation of the City until fully funded in approximately 25 years. Those costs have been accounted for in the City’s long term financial planning. PERS does not account for Fire separate from Police, thus a specific annual amount allocable to fire legacy costs is not available. They are a considerable portion of the current payment for unfunded safety pension costs of $11.3 million. VLF Swap Agreement Amendment As noted above, the financial position for having County Fire operate the City’s fire service in FY 2016/17 was a net cost/deficit of $1.8 million. That number includes the recovery of $1.793 million of VLF property tax revenue. It is based on the receiving greater RPTTF Residual property tax receipts in FY 2016/17 than originally anticipated in the original financial forecast adopted in the annexation process. The positive RPTTF Residual funding level enables a trigger in the existing agreement to reopen the agreement and adjust the VLF sharing percentages in future periods. Discussions with the County have occurred and the revised percentages for sharing the VLF property tax 17.a Packet Pg. 464 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle funds are 73.5% to the City and 26.5% to County Fire. The former percentages were 65% and 35%, respectively. For FY 2017/18 and annually thereafter, this is estimated to result in the collection of an additional $1.8 million for the General Fund. This additional VLF funding was anticipated in the preparation of the FY 2017/18 operating budget and has no further budgetary impact in the current year. The revised sharing percentages will be applied to the total estimated VLF funding in subsequent periods. As property taxes grow, the increased City share of these funds will grow proportionately as well. Recovery of the additional VLF funds from FY 2016/17 was not included in the FY 2017/18 budget as these catch up funds are “one-time” in nature. The $1.793 million from FY 2016/17 will be received late in FY 2017/18 and will be available to address City needs as the Mayor and City Council develop their spending plans for FY 2018/19. Lastly, the VLF Swap Agreement also allows for one-time recoveries of the former “City share” of the proceeds from the sale of redevelopment properties (now held by the Successor Agency). In FY 2016/17 there were three of these properties sold and the proceeds sent to the County for distribution to the various taxing agencies. The City’s share of the distribution was sent to County Fire consistent with the terms of the LAFCO annexation report. For these three properties that amount is approximately $50,000 and will also be recovered in late 2017/18, available for use with the development of the FY 2018/19 spending priorities. 2018-19 Goals and Objectives The presentation of the operating results for FY 2016/17 and approval of an amendment to the VLF Swap Agreement aligns with Goal No. 5: Improve City Government Operations and Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. This information makes transparent the operating results of the City’s arrangement with County Fire and recovers funding to which the City is entitled per the terms of the originally adopted agreement. Fiscal Impact Addressed above. Conclusion It is recommended that the resolution be approved authorizing the City Manager to execute Amendment No. 1 to the VLF Swap Agreement. Attachments Attachment 1 – Resolution; Exhibit A Ward(s): All 17.a Packet Pg. 465 Attachment: FN-Fire Annexation Update VLF Report (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle 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. 2018-126 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VEHICLE LICENSE FEE (VLF) SWAP AGREEMENT WITH THE COUNTY OF SAN BERNARDINO WHEREAS, on July 1, 2016 the City of San Bernardino was annexed into the San Bernardino County Fire Protection District; and WHEREAS, as part of the annexation, the City of San Bernardino entered into an agreement with the County of San Bernardino for property tax sharing (Vehicle License Fee Swap Agreement) that would pay for fire services in the City; and WHEREAS, the agreement for property tax sharing includes specific language allowing the parties to reset the VLF property tax sharing percentages between the City and the County for Fire Services when certain revenues are received at a level beyond that anticipated in the original financial forecast; and WHEREAS, the City and County agree that the subject revenue was received in FY 2016/17 at a level beyond that included in the original financial forecast and there is a need to revise the Vehicle License Fee Swap Agreement to reset the VLF property tax sharing percentages to accurate reflect the actual revenue being received by the County for fire services in FY 2017/18 and recapture the additional receipts from FY 2016/17. 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 Amendment No. 1 to the Vehicle License Fee Swap Agreement with the County of San Bernardino, attached hereto as Exhibit “A” and incorporated herein. SECTION 2. The above authorization is rescinded if the parties to the agreement fail to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of the passage of this Resolution. /// 1 17.b Packet Pg. 466 Attachment: FN-Fire Annexation Amendment No. 1 to VLF Reso (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated 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 AMENDMENT NO. 1 TO THE VEHICLE LICENSE FEE (VLF) SWAP AGREEMENT WITH THE COUNTY 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, 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 17.b Packet Pg. 467 Attachment: FN-Fire Annexation Amendment No. 1 to VLF Reso (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated COUNTY ADMINISTRATIVE OFFICE AND SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Department Contract Representative Valerie Clay Telephone Number (909) 387-5410 Contractor City of San Bernardino Contractor Representative Brent A. Mason Telephone Number (909) 384-5242 Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center 5800012434 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO. 1 Amend Agreement No. 16-93 in the following manner: Effective for the 2017-18 fiscal year, amend Section 2(e) to read as follows: (e) VLF Swap Percentage: The percentage of VLF Swap revenue attributable to the City that pursuant to this Agreement shall be assigned to SBCFPD in perpetuity. The amount of the VLF Swap Percentage is 26.5%, to be allocated 94% to the Valley Service Zone and 6% to Administration. There will be a one-time adjustment of $1,793,700 for 2016-17 fiscal year in which SBCFPD will transfer VLF revenue of $1,793,700 to the City. Effective for the 2017-18 fiscal year, amend Section 3.1(d) to read as follows: (d) any other property tax that would have come to the SBCFPD but for the delay in transferring the City’s share of property tax to SBCFPD within the IVDA boundaries, excluding the asset liquidation proceeds related to the dissolution of the City of San Bernardino redevelopment projects outside of the IVDA boundaries. Such asset liquidation proceeds will be paid directly to the City. EXHIBIT A Contract Number 16-93 A-1 SAP Number Standard Contract Page 1 of 2 17.c Packet Pg. 468 Attachment: FN-Fire Annexation VLF Agreement Amendment 1 (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated All other terms and conditions of Agreement No. 16-93 remain unchanged. CITY OF SAN BERNARDINO By: ____________________________________ _________________, City of San Bernardino Date:______________________ APPROVED AS TO FORM: By:______________________________ Gary D. Saenz, City Attorney SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: _______________________________________ Robert A. Lovingood Chairman, Board of Directors for SBCFPD Date: ______________________ APPROVED AS TO FORM: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: _____________________________________ Carol Greene, Supervising Deputy County Counsel COUNTY OF SAN BERNARDINO By: ______________________________________ Robert A. Lovingood Chairman, Board of Supervisors Date: ____________________ APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO By: _____________________________________ Michelle Blakemore, County Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch, Secretary By: Deputy SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch, Clerk of the Board By Deputy Revised 10/18/17 Page 2 of 2 17.c Packet Pg. 469 Attachment: FN-Fire Annexation VLF Agreement Amendment 1 (5511 : Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Public Hearing City of San Bernardino Request for Council Action Date: May 2, 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 Travis Martin, Associate Planner Subject: Development Code Amendment (Zoning Map Amendment) 17- 08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 Recommendation 1)Introduce for first reading, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-08 to change the Zoning District Classification of nine (9) parcels containing a total of approximately 4.85 acres from Office Industrial Park (OIP) to Industrial Light (IL) (Attachment 1); 2)Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration, and approving Subdivision 17-06 (Tentative Parcel Map 19914) to consolidate twenty (20) parcels into one (1) parcel containing a total of approximately 8.94 acres and Development Permit Type-D 17-03 for the construction of a warehouse building containing approximately 197,710 square feet (Attachment 2); and, 3)Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 16, 2018. Background On March 13, 2018, the Planning Commission adopted Resolution No. 2018-019 (Attachment 3) forwarding a recommendation that the Mayor and City Council: 1)Adopt the Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03, in accordance with §15074 (Adoption of Mitigated Negative Declaration) of the California Environmental Quality Act; and 19.a Packet Pg. 470 Attachment: CD.DCA 17-08 Waterman Industrial East - Staff Report (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 2) Approve Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type- D 17-03, based on the Findings of Fact and subject to the recommended Conditions of Approval. Discussion Project Description The proposed project involves the development of a warehouse building containing approximately 197,710 square feet on a site containing approximately 8.94 acres. Pursuant to the requirements of Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), Chapter 19.44 (Development Permits) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the applicant is requesting the approval of:  Development Code Amendment (Zoning Map Amendment) 17 -08 to change the Zoning District classification of nine (9) parcels containing a total of approximately 4.85 acres from Office Industrial Park (OIP) to Industrial Light (IL);  Subdivision 17-06 (Tentative Parcel Map 19914) to consolidate twenty (20) parcels into one (1) parcel containing a total of approximately 8.94 acres; and  Development Permit Type-D 17-03 to develop, establish and operate an industrial warehouse building containing approximately 197,710 square feet. Analysis The proposal development involves the construction of a 197,710 square foot industrial warehouse building on a site containing approximately 8.94 acres. Approximately 5,000 square feet of the building will be used for offices with the remainder dedicated for the warehousing activities. This project is proposed as a speculative business with no specific tenant, but has been designed specifically for use as an industrial warehouse facility. No intensive manufacturing uses would be permitted within the Industrial Light (IL) Zone. Architecture The architectural design of the proposed building is highlighted by the prominent corner elements. Significant vertical and horizontal articulation has been provided to reduce the massing of the building elevations. Additionally, glazed windows have been added along the eastern elevation (fronting S. Waterman Avenue) to complement the existing office buildings and other industrial development located near the subject site. Site Design/Access/Traffic The proposed industrial development will be accessed from two (2) driveways on S. Waterman Avenue and two (2) driveways on S. Foisy Street. The southernmost driveway along S. Waterman Avenue will be signalized to provide full movement acce ss onto and off of the site. The northernmost driveways on S. Waterman Avenue and S. Foisy Street will be for Fire Department access only. The internal site circulation has been designed to adequately accommodate on -site vehicular circulation and access to 19.a Packet Pg. 471 Attachment: CD.DCA 17-08 Waterman Industrial East - Staff Report (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and the parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic mitigation measures will be implemented based upon the findings of the approved Traffic Impact Analysis and based upon the recommendations of the City’s Traffic Engineer. Landscaping Landscaped planters will be provided surrounding the project site with particular emphasis throughout and along the vehicular parking area fronting S. Waterman Avenue. A total of 35,423 square feet of the total site will be landscaped, exceeding the 15% of the parking area required. 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 economic activity that capitalizes upon the transportation and locational strengths of San Bernardino.  Aggressively apply and enforce citywide landscape and development standards in new and revitalized development throughout the City.  Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.  Control development and the use of land to minimize adverse impacts. The proposed project implements the above General Plan goals and policies in that the proposed development of an industrial building will capitalize on the City’s transporta tion and locational strengths as well as the logistics sector, which has become a major economic driver within the City. The proposed building has been oriented to reduce visibility of the loading docks from the surrounding properties and the adjacent publ ic right-of-way. Redevelopment of the site will be done in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this proposal the existing vacant and underutilized properties will be transformed into a development that meets the City’s economic development goals, while satisfying the Development Code requirements and will be adequately regulate d through the Conditions of Approval, including the CEQA -mandated Mitigation Monitoring and Reporting Program, in order to minimize potential impacts . California Environmental Quality Act Process In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/ Mitigated Negative Declaration prepared in connection with Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19914) and Development Permit Type-D 17-02. Accordingly, pursuant to §15072 of 19.a Packet Pg. 472 Attachment: CD.DCA 17-08 Waterman Industrial East - Staff Report (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted on December 8, 2017 for the CEQA-mandated twenty (20) day public review and comment period. During the twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the proposed project, comments were received from the following:  South Coast Air Quality Management District  San Bernardino County Department of Public Works  San Manuel Band of Mission Indians Responses to the comments were prepared and included in the Final Initial Study/ Mitigated Negative Declaration. On March 13, 2018, the Planning Commission determined that: 1. The Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 has been prepared in compliance with the California Environmental Quality Act; and 2. Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 is consistent with the City of San Bernardino General Plan and Development Code and meets all Findings of Fact required for approval. Mayor, City Council and City Manager 2018-2019 Goals and Objectives The proposed amendment to the General Plan aligns with several of the Mayor and City Council 2018-2019 Goals & Objectives as follows:  Implement the City Vision – The transformation of existing vacant and underutilized properties into a productive industrial development meets the City’s economic development goals.  Create, Maintain and Grow Jobs and Economic Value in the City – The proposed development will capitalize on the City’s transportation and locational strengths, encourage economic development, and provide employment opportunities to the City’s residents.  Ensure Development of a Well-Planned, Balanced, and Sustainable City – the development of the proposed industrial warehouse is consistent with the light industrial uses within the project vicinity, has direct access from S. Waterman Avenue and S. Foisy Street, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Fiscal Impacts There will be no fiscal impact associated with the construction or operation of the proposed project. Development impact fees associated with the project will be 19.a Packet Pg. 473 Attachment: CD.DCA 17-08 Waterman Industrial East - Staff Report (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and approximately $655,000. City services will be provided to this project similar to other industrial projects in the City. Conclusion It is recommended that the Mayor and City Council adopt the Resolution. Attachments Attachment 1 Ordinance (Approving Development Code Amendment (Zoning Map Amendment) 17-08) Attachment 2 Resolution; Exhibit A –Approved Plans, Exhibit B –Mitigation Monitoring and Reporting Program Attachment 3 Planning Commission Resolution No. 2018-019 Ward: 3 Synopsis of Previous Council Actions: None 19.a Packet Pg. 474 Attachment: CD.DCA 17-08 Waterman Industrial East - Staff Report (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 ORDINANCE NO. MC-1493 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 17-08 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF NINE (9) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 4.85 ACRES FROM OFFICE INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) WHEREAS, the current City of San Bernardino Development Code was initially implemented in 1991; and 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 2018-019 recommending the adoption of the Mitigated Negative Declaration and the approval of Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 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 April 20, 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 find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Code Amendment (Zoning Map Amendment) 17-08: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District Classification for a portion of the project site, resulting in the entire site having the Industrial Light (IL) Zoning District Classification. The Industrial Light (IL) Zoning District Classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes 19.b Packet Pg. 475 Attachment: CD.DCA 17-08 Waterman Industrial East.A1.Ordinance (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 serving the City. The change in the Zoning District Classification would provide a single zone over the entire 8.94 acre property and would allow the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District Classification from Office Industrial Park (OIP) to Industrial (IL) will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, surrounding exemplary architectural style with tower elements along with complimentary earth-toned colors. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is flat and has been disturbed. The site is surrounded by light industrial businesses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a 197,710 square foot industrial warehouse building with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Therefore, the proposed amendment 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: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Office Industrial Park (OIP) to Industrial Light (IL) will facilitate the development of an industrial warehouse building containing approximately 197,710 square feet, which is consistent with the light industrial uses within the project vicinity. The project site has direct access from S. Waterman Avenue and S. Foisy Street, will be fully served by utility providers, will be constructed in accordance with 19.b Packet Pg. 476 Attachment: CD.DCA 17-08 Waterman Industrial East.A1.Ordinance (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District Classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District classification. The proposed amendment will result in transforming an underutilized site into an industrial warehouse building containing approximately 197,710 square feet in order to capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Therefore, the proposed amendment will not change the balance of land uses within the City due to the fact that the Industrial Light (IL) Zoning District classification to allow an industrial development on a parcel adjacent to and directly across the street from other large parcels of land designated for industrial uses and create greater consistency with the surrounding properties and provide for an appropriate balance of land uses within the City limits. Finding No. 4: The subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). Finding of Fact: The proposed industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements is permitted within the Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 with the appropriate Conditions of Approval and Mayor and City Council adoption of the Mitigated Negative Declaration. The subject site as an industrial development is sufficient in size to accommodate the project as proposed as required by the City of San Bernardino Development Code for Industrial Zones. Therefore, the subject site is physically suitable for the proposal. 19.b Packet Pg. 477 Attachment: CD.DCA 17-08 Waterman Industrial East.A1.Ordinance (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 SECTION 3. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and written and oral testimony, and having exercised their independent judgment, find that Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 will have no significant adverse effect on the environment with the adoption of the Mitigation Monitoring and Reporting Program; and, find that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the effects of proposed Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03, has been completed in compliance with CEQA and is hereby certified and incorporated herein by reference. SECTION 4. Development Code Amendment (Zoning Map Amendment) 17-08 changing the Zoning District Classification of an area containing approximately 4.85 acres (APN: 0280-131-03, 04, 05, 06, 09, 41, 42, 47 and 48) from Office Industrial Park (OIP) to Industrial Light (IL), is hereby approved and incorporated herein by reference. SECTION 5. 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 and State Clearinghouse within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. 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. /// /// /// 19.b Packet Pg. 478 Attachment: CD.DCA 17-08 Waterman Industrial East.A1.Ordinance (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 17-08 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF NINE (9) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 4.85 ACRES FROM OFFICE INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) 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:___________________________________ 19.b Packet Pg. 479 Attachment: CD.DCA 17-08 Waterman Industrial East.A1.Ordinance (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 NO. 2018-127 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING SUBDIVISION 17-06 (TENTATIVE PARCEL MAP 19914) TO CONSOLIDATE TWENTY (20) PARCELS INTO ONE (1) PARCEL CONTAINING A TOTAL OF APPROXIMATELY 8.94 ACRES AND DEVELOPMENT PERMIT TYPE-D 17-03 FOR THE CONSTRUCTION OF A WAREHOUSE BUILDING CONTAINING APPROXIMATELY 197,710 SQUARE FEET WHEREAS, on October 19, 2017 pursuant to the requirements of Chapter 19.42 (Development Code Amendments), Chapter 19.44 (Development Permits), Chapter 19.66 (Subdivision Maps) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, an application for Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03was duly submitted by: Property Owner(s): Various Project Applicant: Real Estate Development Associates (REDA) 4100 McArthur Boulevard, Suite 120 Newport Beach, CA 92660 Property Address: 879 S. Waterman Avenue APN(S): 0280-131-03, 04, 05, 06, 09, 21, 23, 28, 41, 42, 47, 48, 50, 51, 52, 53, 54, 55, 58 and 59 Lot Area: 8.94 acres WHEREAS, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 is a request to allow the consolidation of twenty (20) separate parcels into one (1) parcel containing a total of approximately 8.94 acres, and allow the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet, along with the construction of the required on-site and off- site improvements; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has reviewed Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, in accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division of the Community Development Department accepted an Initial Study/Mitigated Negative Declaration prepared in connection with Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03. Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative 1 19.c Packet Pg. 480 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 was posted on December 8, 2017 for the CEQA-mandated twenty (20) day public review and comment period. During the CEQA-mandated twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the proposed project, comments were received from the South Coast Air Quality Management District, San Bernardino County Department of Public Works and San Manuel Band of Mission Indians. Responses to the comments were prepared and included in the Final Initial Study/Mitigated Negative Declaration; 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 Final Initial Study/Mitigated Negative Declaration, Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 and at which meeting, the Planning Commission considered the Development Code Amendment (Zoning Map Amendment) 17- 08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-019 recommending to the Mayor and City Council the adoption of the Mitigated Negative Declaration, and the approval of Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03; and WHEREAS, notice of the May 2, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on May 4, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 of the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03. 2 19.c Packet Pg. 481 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 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 17-06 (Tentative Parcel Map 19914). Finding No. 1: The proposed map is consistent with the General Plan. Finding of Fact: The proposed Tentative Parcel Map to accommodate the development of an industrial warehouse building containing approximately 197,710 square feet, along with the construction of the required on-site and off- site improvements will provide additional economic development opportunities with the City, the proposed project is permitted within the Industrial Light (IL) zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-08, and Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 with the appropriate Conditions of Approval and the adoption of the Mitigated Negative Declaration by the Mayor and City Council, and the proposed Industrial Light (IL) zone is consistent with the proposed Industrial Light land use designation set forth by the General Plan Land Use Map. Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that integrates with surrounding land uses.” The proposed Tentative Parcel Map will be consistent with the pattern of development within the existing surrounding neighborhood. General Plan Land Use policy 2.7.5 states: “Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts.” The proposed Tentative Parcel Map will connect to existing water and sewer services, roads, storm drains, and private utilities. Finding No. 3: The site is physically suitable for the type of development. Finding of Fact: The proposed project is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of a Development Code Amendment (Zoning Map Amendment) and Development Permit Type-D with the appropriate Conditions of Approval and CEQA determination. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Code Amendment 3 19.c Packet Pg. 482 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 4: The site is physically suitable for the proposed density of development. Finding of Fact: The proposed industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 with the appropriate Conditions of Approval and adoption of the Mitigated Negative Declaration by the Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 17-03 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. 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 site is an existing partially developed site and surrounded by urban development. No significant negative impacts on the environment are anticipated to result from re-use of the existing 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. 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 4 19.c Packet Pg. 483 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 3. Findings of Fact – Development Permit Type-D 17-03. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: The proposed development of an industrial warehouse building containing approximately 197,710 square feet is a permitted use within the existing and proposed Industrial Light (IL) Zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type-D 17-03 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: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District classification. The Industrial Light (IL) Zoning District classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The change in the Zoning District classification would provide a single land use/zone over the entire 8.94 acre property and would allow the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District classification from Office Industrial Park (OIP) to Industrial (IL) will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography 5 19.c Packet Pg. 484 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 and vegetation, surrounding exemplary architectural style with tower elements along with complimentary earth-toned colors. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is flat and has been disturbed. The site is surrounded by light industrial businesses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a 197,710 square foot industrial warehouse building with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner tower elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Additionally, the proposed project is permitted within the existing and proposed Industrial Light (IL) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures, and the proposed Industrial Light (IL) Zone is consistent with the proposed Industrial Land Use Designation set forth by the General Plan Land Use Map. Therefore, the proposed amendment is internally consistent with the General Plan. Finding No. 3: The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed development of an industrial warehouse building containing approximately 197,710 square feet will be harmonious and compatible with existing and future developments within the proposed Industrial Light (IL) Zone. The surrounding area consists of a mixture of residential and industrial uses. Appropriate Conditions of Approval and Mitigation Measures 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 project. The scale and density of the proposed development conforms to the development standards of the Industrial Light (IL) Zone. Additionally, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-08, the proposal is consistent with both the General Plan and Development Code, and no land use conflict is expected to result from construction of the proposed project. Finding No. 4: The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030 of the Development Code. 6 19.c Packet Pg. 485 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 Finding of Fact: In accordance with §15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 for the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements. Finding No. 5: 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 §15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 for the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements is permitted within the existing and proposed Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit 17-03 with the appropriate Conditions of Approval and adoption of the Mitigated Negative Declaration by the Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 17-03 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. 7 19.c Packet Pg. 486 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 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. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed industrial warehouse building containing approximately 197,710 square feet along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to and 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 and Mitigation Measures, the proposed development under Development Permit Type-D 17-03 will not be detrimental to public services or public health and safety. Finding No. 8: 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 of an industrial warehouse building containing approximately 197,710 square feet along with the required on-site and off-site improvements conforms to all applicable development standards and land use regulations of the existing and proposed Industrial Light (IL) Zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 will have no significant adverse effect on the environment with the adoption of the Mitigation Monitoring and Reporting Program; and, find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as accepted by the Planning Commission as to the effects of proposed Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) 8 19.c Packet Pg. 487 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 and Development Permit Type-D 17-03, has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. SECTION 5. 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 final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. SECTION 6. – Development Code Amendment (Zoning Map Amendment) 17-08, as approved by Ordinance, is incorporated herein by reference. SECTION 7. – Pursuant to §1.08.090 (Effective Dates) of the City of San Bernardino Municipal Code, the Ordinance approving Development Code Amendment (Zoning Map Amendment) 17-08 shall become effective thirty (30) days from the date of the second reading of the Ordinance which is scheduled for May 16, 2018. Accordingly, the effective approval date of Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 is June 15, 2018. SECTION 8. – Conditions of Approval. Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the consolidation of twenty (20) parcels into one (1) parcel containing a total of approximately 8.94 acres, and allow the development, establishment and operation of an industrial warehouse building containing approximately 197,710 square feet, along with the construction of the required on-site and off-site improvements. The project site is located at 879 S. Waterman Avenue (APN(S): 0280-131-03, 04, 05, 06, 09, 21, 23, 28, 41, 42, 47, 48, 50, 51, 52, 53, 54, 55, 58 and 59) within the Industrial Light (IL) Zone. 2. The project site shall be developed and maintained in accordance with the plans stamped June 15, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan, 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. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated June 15, 2018, and incorporated herein by reference as Conditions of Approval. 4. 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 9 19.c Packet Pg. 488 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 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: June 15, 2020 5. 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. 6. 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. Planning Division 7. 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. 8. 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. 9. 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. 10. 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 19.c Packet Pg. 489 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Building & Safety Division 18. Plans submitted shall conform to the 2016 California Building Codes. Please note this will include the California Green Building Code. 19. Project shall confirm to Chapter 3 of California Building Code 2016. 20. Project shall also conform to the requirements of Chapter 4 of the California Building Code 2016, Special Details Requirements Based on use of Occupancy. 21. Provide sprinkler requirements for the occupant load according to California Building Code 2016. 22. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11A of California Building Code 2016. 23. There shall be a formal plan submittal prior to all issuance of permits. 11 19.c Packet Pg. 490 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 24. Refer to Chapter 7 of the California Building Code 2016 for Fire/Smoke Protection Requirements. Land Development Division 25. 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 of the Federal Insurance Rate Maps on booklet #06071C8684J with year 09/02/2016. 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. The proposed 36” Public Storm Drain Line on the Southerly drive aisle shall be approved by Public Works Department. An easement to City shall be recorded prior to Certificate of Occupancy. g. The proposed drainage collected along the Easterly of the building shall be approved by Land Development and Building and Safety Division. h. 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. i. 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. j. 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. k. 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. 12 19.c Packet Pg. 491 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 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. 26. 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. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. g. 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. h. 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. 13 19.c Packet Pg. 492 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 i. 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. j. 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. 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 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. m. 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. n. 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. o. 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. 14 19.c Packet Pg. 493 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 p. 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. q. 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 r. A Demolition Permit is required for the demolition of the existing structures on the project site. A record of the square-footage for each of the structures shall be recorded for credit towards the Impact Fees. s. 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. 27. 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. Utility services shall be placed underground and easements provided as required. f. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. 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. 28. Mapping a. A Parcel Map based upon field survey will be required. 15 19.c Packet Pg. 494 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 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. 29. 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 (feet) Curb Line (feet) Waterman Avenue 55 (5’ Dedication Required) 43 (Proposed) Foisy Street 30 (10’ Dedication Required) 20 (Proposed) b. Waterman Avenue  Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb).  If the existing curb & gutter adjacent to the site are in poor condition, the curb & gutter shall be removed and reconstructed in accordance to City Standard No. 200, Type “B”.  Waterman Avenue shall be rehabilitated and the structural street section shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches.  A Radius type Driveway Approach is proposed in lieu of the standard drive approach, therefore truck turning radius shall be verified with Public Works for final radius determination. An accessible bypass crossing the approach shall be provided to comply with current ADA standard. c. Foisy Street  Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb).  Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer.  Foisy Street shall be rehabilitated and the structural street section shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. 16 19.c Packet Pg. 495 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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  A Radius type Driveway Approach is proposed in lieu of the standard drive approach, therefore truck turning radius shall be verified with Public Works for final radius determination. An accessible bypass crossing the approach shall be provided to comply with current ADA standard.  Install LED Street Lights adjacent to the site 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.  The Proposed Storm Drain shall be sized to accommodate the flows identified in the CSDP No. 7, (Beginning of CSDP No. 7 lateral down to corner of Ennis and Lincoln and including the proposed building site) then the flows shall continue in an enclosed pipe to the channel “Twin Creek” using City Rights-of-Way. d. 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. e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. 30. 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),  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. 17 19.c Packet Pg. 496 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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  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 also available at no charge at the Public Works Web Site at http://www.sbcity.org 31. 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. 32. 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 the Public Works Counter and at http://www.sbcity.org 33. 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. b. Truck traffic shall be directed through the primary project site entrance along Waterman Avenue, at the intersection to be signalized. San Bernardino County Consolidated Fire District 34. The project shall comply with all current Building Codes, Fire Codes and Fire Department Standard Requirements based on occupancy classification. 35. Any changes to this proposal shall require a new Fire Department condition letter. 18 19.c Packet Pg. 497 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 36. Any changes to the approved life safety system shall require plans to be submitted to the Fire Department prior to construction including the following: (fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances & hood protections.) 37. A monitored fire sprinkler system is required for the proposed building. Plans shall be submitted to the Fire Department prior to construction. PER CFC 903.2.1.1 38. Knox Box/Key Box is required, and shall be provided and installed in accordance with the CFC and Fire Department Standard. 39. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 40. An approved on-site fire protection water system, in accordance with Fire Department Standard is required. The system is required to be in place and serviceable prior to building construction. 41. An approved water supply system, complete with street fire hydrants and complying with Fire Department Standard, shall be in place prior to any combustible construction. 42. Provide a complete on-site fire protection plan to the Fire Department which indicates the location of all required fire protection appliances (FDC’s, PIV’s, DDC’s, proposed and existing fire hydrants, etc.) 43. Paved access from two (2) points shall be required for completion and occupancy. 44. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire Department Standard. If gates are installed they must comply with Fire Department Standards. 45. Provide the following Fire Department notes on the site utility plan:  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.  All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard.  Paint curbs red, 15 feet to either side of fire hydrants and FDC.  Fire Department Connection required within 50 feet of a hydrant.  Bollards (crash posts) may be required at the time of final inspection (to prevent the fire hydrants and FDC from vehicular traffic).  Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 feet for residential areas. 46. Paved access from two (2) points are required to be 30 feet in width for buildings three (3) or more stories in height or over 300,000 square feet. 19 19.c Packet Pg. 498 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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 47. Premise and Building identification and addressing shall be a minimum of twelve (12) inches in height. 48. Buildings over 100,000 feet shall have two points of connection from opposite water lines. 49. All fire access roads into this project shall meet San Bernardino County standards and CFC codes. 50. All fire access roads shall be paved and all weather and shall meet the min turning radius. 51. If warehouse will be used for storage the sprinkler design will comply with the requirements of NFPA for heights and commodity. All speculative buildings shall be designed to a min of .6/3000 sprinkler design. 52. Five (5) or more sprinkler risers or buildings exceeding 100,000 square feet shall have two (2) points of connection. 53. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered buildings requires a separate submittal. Please submit all plans to San Bernardino County Fire Department. 54. High Piled Storage plans shall be submitted prior to any storage or approval of racks within the warehouse. Contact (909) 918-2201 for information. 55. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code for spacing and size. 56. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 57. Annual fire department permit is required. Contact (909) 918-2201 for information. SECTION 9. 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. /// /// /// 20 19.c Packet Pg. 499 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, 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, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING SUBDIVISION 17-06 (TENTATIVE PARCEL MAP 19914) TO CONSOLIDATE TWENTY (20) PARCELS INTO ONE (1) PARCEL CONTAINING A TOTAL OF APPROXIMATELY 8.94 ACRES AND DEVELOPMENT PERMIT TYPE-D 17-03 FOR THE CONSTRUCTION OF A WAREHOUSE BUILDING CONTAINING APPROXIMATELY 197,710 SQUARE FEET 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: ___________________________________ 21 19.c Packet Pg. 500 Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION15264H.J.L. fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.Thienes EngineeringBETWEEN WATERMAN AVE AND FOISY STREETWATERMAN EAST MANGNO Y L IC E N SEDARCHITECTSTATEOFCALI FORNIADATERENEWAL3-31-17C-29451Address: 4100 MacArthur Blvd #120,Newport Beach, CA 92660Phone: (949) 216-7300DISTRIBUTION CENTEROverall Site PlanDAB-A1.12TQRGTV[QYPGT#RRNKECPV#FFTGUUQHVJGRTQRGTV[#UUQUUQTžU2CTEGN0WODGT.GICNFGUETKRVKQP#RRNKECPVžUTGURTGUGPVCVKXG<QPKPI241,'%6&#6#8+%+0+6;/#2SITE5+6'2.#0-';016'55+6'2.#0)'0'4#.016'5Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION15264H.J.L. fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.Thienes EngineeringBETWEEN WATERMAN AVE AND FOISY STREETWATERMAN EAST MANGNO Y L IC E N SEDARCHITECTSTATEOFCALI FORNIADATERENEWAL3-31-17C-29451Address: 4100 MacArthur Blvd #120,Newport Beach, CA 92660Phone: (949) 216-7300DISTRIBUTION CENTER19.dPacket Pg. 501Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit A Project Plans (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Development Permit Type-D 17-03) Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION15264H.J.L. fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.Thienes EngineeringBETWEEN WATERMAN AVE AND FOISY STREETWATERMAN EAST MANGNO Y L IC E N SEDARCHITECTSTATEOFCALI FORNIADATERENEWAL3-31-17C-29451Address: 4100 MacArthur Blvd #120,Newport Beach, CA 92660Phone: (949) 216-7300DISTRIBUTION CENTEROVERALL FLOOR PLANDAB-A2.1)'0'4#.016'5Ä(.1142.#0-'6016'5Ä(.1142.#0(.1145.#$#0&2174564+254'319.dPacket Pg. 502Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit A Project Plans (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Development Permit Type-D 17-03) Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION15264H.J.L. fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.Thienes EngineeringBETWEEN WATERMAN AVE AND FOISY STREETWATERMAN EAST MANGNO Y L IC E N SEDARCHITECTSTATEOFCALI FORNIADATERENEWAL3-31-17C-29451Address: 4100 MacArthur Blvd #120,Newport Beach, CA 92660Phone: (949) 216-7300DISTRIBUTION CENTERElevationsDAB-A3.1-';016'5Ä'.'8#6+105)'0'4#.016'5Ä'.'8#6+105%1.145%*'&Ä'.'8#6+105).#<+0).')'0&19.dPacket Pg. 503Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit A Project Plans (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Development Permit Type-D 17-03) 19.dPacket Pg. 504Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit A Project Plans (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Development Permit Type-D 17-03) 19.dPacket Pg. 505Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit A Project Plans (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and Development Permit Type-D 17-03) Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 1 March 5, 2018 WATERMAN EAST DISTRIBUTION CENTER IS/MND MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Biological Resources MM BIO-1: Nesting bird surveys shall be conducted seven days prior to any construction activities taking place during the nesting season (generally February 15th to September 15th) to avoid potentially taking any birds or active nests. Impacts to all bird species (common and special status) can be avoided by conducting work outside of the nesting season, or between approximately September 16th and February 14th), and conducting a worker awareness training. However, if all work cannot be conducted outside of nesting season, a project-specific Nesting Bird Management Plan can be prepared to determine suitable buffers. If an active nest is discovered, disturbance within an established buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the biologist in consultation with applicable resource agencies and in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City to document compliance with applicable State and federal laws pertaining to the protection of native birds. 7 days prior to construction; avoidance during construction. Grading Permit review/approval; site inspections Community Development Department Cultural Resources MM CUL-1: Prior to the initiation of ground-disturbing activities, field personnel should be alerted to the possibility of buried prehistoric or historic cultural deposits. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist should be retained to assess the significance of the find. The qualified archaeologist shall have the authority to stop or divert construction exaction as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register or the National Register, plans for the treatment, evaluation, and mitigation of impacts to the find shall need to be developed. Prehistoric or Prior to initiating ground- disturbing activities; during construction. Site inspections Community Development Department 19.ePacket Pg. 506Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 2 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials historic cultural materials that may be encountered during ground-disturbing activities include: • historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects; • historic structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements; • prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates; • groundstone artifacts, including mortars, pestles, and grinding slabs; • dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks. MM CUL-2: A professional vertebrate paleontologist shall be present during any excavations that exceed 10 feet depth to check for the inadvertent exposure of fossils or other resources of paleontological value. In the event that fossils or fossil bearing deposits are discovered during construction activities when a paleontologist is not present, excavations within a 100-foot radius of the find shall be temporarily halted or diverted. The paleontologist shall document any discoveries as needed in accordance with Society of Vertebrate Paleontology standards and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction activities are allowed to resume at the location of the find. If the Applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. During ground- disturbing activities (greater than 10’ deep) Site monitoring Professional vertebrate paleontologist 19.ePacket Pg. 507Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 3 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials MM CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains. During ground- disturbing activities Site monitoring Community Development Department Hazards and Hazardous Materials MM HAZ-1: If leaks from the transformer develop during the project construction or operation phase, the Applicant shall contact the utility company to sample fluids for the presence of polychlorinated biphenyls (PCBs). If the analysis results indicate that the electrical transformer(s) contains PCBs, the utility company shall be responsible for mitigating any leakage and staining and for replacing the fluids and/or transformer(s). Ongoing during construction and operation. Site monitoring; site inspections Community Development Department MM HAZ-2: In accordance with National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines, an asbestos survey shall be performed on all structures proposed for demolition that are known or suspected to have been constructed prior to 1980. If asbestos-containing materials (ACMs) are determined to be present, the materials shall be abated by a certified asbestos abatement contractor in accordance with the regulations and notification requirements of SCAQMD. Demolition and disposal of ACMs shall be completed in accordance with the procedures specified by SCAQMD’s Rule 1403. Prior to issuance of Demolition or Building Permits; ongoing during demolition activities Review and implementation of asbestos survey (if required) Certified asbestos abatement contractor; Community Development Department 19.ePacket Pg. 508Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 4 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials MM HAZ-3: A lead-based paint survey shall be performed on all structures proposed for demolition that are known or suspected to have been constructed prior to 1980. If lead-based paint is identified, then federal and state construction worker health and safety regulations shall be followed during renovation or demolition activities. If loose or peeling lead-based paint is identified at the building, it shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. Requirements set forth in the California Code of Regulations shall be followed during demolition activities, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed. Prior to issuance of Demolition or Building Permits Review and implementation of lead-based paint survey (if required) Community Development Department; Environmental Health Services Noise MM NOI-1: During all project site excavation and grading on-site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers’ standards. The construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors (residences) nearest the project site. During construction Site inspections Community Development Department MM NOI-2: The construction contractor shall locate equipment staging in areas that would create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. During construction Site inspections Community Development Department Traffic and Circulation MM TRF-1: TRF-1 – The applicant shall install a traffic signal at the Project’s main entrance (driveway) on Waterman Avenue, prior to issuance of certificates of occupancy, to the satisfaction of the City Traffic Engineer. Prior to certificate of occupancy. Construction plan review; Building Plan review City Traffic Engineer Tribal Resources MM TCR-1: Due to the heightened cultural sensitivity of the proposed project area, both an archaeological monitor with at least 3 years of regional experience Prior to the issuance of any Develop Tribal Monitoring Plan; Archaeological Monitor, 19.ePacket Pg. 509Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 5 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials in archaeology and a Tribal monitor representing SMBMI shall be present for all ground-disturbing activities of previously undisturbed soils that occurs within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of archaeological and Tribal monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. The following TCR-1 language has been added at the request of SMBMI, effectively providing further clarification to TCR-1 and Mitigation Measure CUL-1: At the request of SMBMI, prior to the issuance of any ground disturbance- related permits (such as grading permits), the Lead Agency shall contact and coordinate with SMBMI to facilitate communications with the Project developer/applicant so that all Parties can develop a mutually -acceptable Archaeological and Tribal Monitoring Plan. This Plan shall be approved and adopted by the Lead Agency prior to the issuance of any ground disturbance- related permits. The Plan’s implementation in the field shall be enforced by the Lead Agency for the life of the Project. Discovery Protocol and Treatment If an archaeological deposit or tribal cultural resource is discovered within the Project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. Representatives from SMBMI, the Archaeological Monitor, the Project applicant/developer, and the Lead Agency shall confer regarding treatment of the discovered resource(s). A treatment plan shall be prepared, reviewed and adopted by all Parties, and then implemented to protect the identified resources from damage and destruction, as necessary. The treatment plan shall contain a research design to evaluate the resource for significance under both NHPA and CEQA criteria, as appropriate. This research design shall (1) acknowledge the necessity for additional, internal Tribal deliberations and culturally-appropriate treatments for all tribal cultural ground disturbance- related permits (such as grading permits); during grading Site monitoring Tribal monitor, and Community Development Department 19.ePacket Pg. 510Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 6 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials resources and (2) for archaeological resources, include fieldwork and sampling procedures appropriate to ascertain the boundaries, nature, and content of the resource in accordance with current, professional archaeological best practices, in consultation with SMBMI. Should the resource be determined to be significant, avoidance and preservation in place shall be the preferred treatment. Should the resource not be a candidate for avoidance or preservation in place, a resource-specific mitigation plan shall be developed, reviewed by all Parties, and implemented. Should the mitigation plan include archaeological data recovery, a research design shall be developed that exhausts the research potential of the resource in accordance with current professional archaeology standards. Any mitigation plan that results in the removal of cultural resources (artifacts, ecofacts, features, etc.) from their original provenience shall also include a comprehensive discussion of resource processing, analysis, curation, and reporting protocols and obligations. a. All mitigation, treatment, and data recovery plans shall be developed in consultation with SMBMI. b. All fieldwork related to treatment, mitigation, and data recovery plans shall require monitoring by an SMBMI Tribal Monitor. c. All draft reports containing the significance and treatment findings and data recovery results shall be prepared by an SOI-qualified archaeologist hired by the applicant/developer and submitted to the Lead Agency and SMBMI for their review and comment. d. All final reports are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. Treatment and Disposition of Artifacts, Ecofacts, Cultural Deposits SMBMI requests that culturally-appropriate and professionally proper procedures shall be followed with respect to all artifacts and remains affiliated with Native peoples—whether prehistoric, protohistoric, or historic. a. Any sacred/ceremonial objects or objects of cultural patrimony discovered within the project area are to be offered to the MLD of record for appropriate treatment and all claims of ownership to such materials waived by the applicant/developer/landowner. 19.ePacket Pg. 511Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 7 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials b. SMBMI requests that all other artifacts be permitted to be either (1) left in situ should avoidance or protection in place be guaranteed or (2) reburied, on site, in a location that will be protected from future disturbance, if feasible. A fully executed reburial agreement shall be developed in consultation with SMBMI. This agreement shall include feasible measures and provisions to protect the future reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, deed riders, etc.). Reburial shall not occur until all ground-disturbing activities associated with the Project have been completed, all monitoring has ceased, all cataloging and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. c. Should it occur that avoidance, preservation in place, or on-site reburial are not an option for some artifacts, SMBMI requests that the landowner relinquish all ownership and rights to this material and consult with the Tribes to identify an American Association of Museums (AAM)-accredited facility within San Bernardino County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. d. Where appropriate and agreed upon in advance by SMBMI, the SOI- qualified archaeologist hired by the applicant/developer may conduct analyses of certain artifact classes (including, but not limited to, shell, non - human bone, ceramic, stone) if required by CEQA, the Project’s mitigation measures, and/or conditions of approval for the Project. Upon completion of authorized and mandatory analyses, the applicant/developer shall provide said artifacts to SMBMI for reburial on site (if feasible) or to the aforementioned, identified curation facility within sixty (60) days from the completion of analyses and not to exceed one hundred and twenty (120) 19.ePacket Pg. 512Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 8 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials days after the initial recovery of the items from the field. The following TCR-1 language has been added at the request of SMBMI, effectively providing further clarification to TCR-1 and Mitigation Measure CUL-3: Discovery and Treatment of Human Remains The Lead Agency and the applicant/developer shall immediately contact the San Bernardino County Coroner and SMBMI in the event that any human remains are discovered during implementation of the Project. If the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 (c). The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, applicant/developer/ landowner, and Lead Agency agree to discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty - eight (48) hours of receiving notification from either the Developer or the NAHC, as required by California Public Resources Code § 5097.98. Reburial of human remains and/or funerary objects shall be accomplished in compliance with the California Public Resources Code § 5097.98 (a) and (b). The MLD in consultation with the applicant/developer/landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects, as well as ceremonial and cultural items (artifacts) on or near, the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. The term "human remains" encompasses more than human bones because 19.ePacket Pg. 513Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision Waterman East Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 9 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials some local Tribes’ traditions periodically necessitated the ceremonial burning of human remains and funerary objects. Funerary objects are those artifacts associated with any human remains or funerary rites. These items, and other funerary remnants and their ashes, are to be treated in the same manner as human bone fragments or bones that remain intact. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 (r). 19.ePacket Pg. 514Attachment: CD.DCA 17-08 Waterman Industrial East.A2.Resolution Exhibit B MMRP (5508 : Development Code Amendment 17- 08, Subdivision 19.f Packet Pg. 515 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 516 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 517 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 518 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 519 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 520 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 521 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 522 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 523 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 524 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 525 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 526 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 527 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 528 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 529 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 530 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 531 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 532 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 533 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 534 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 535 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 536 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 19.f Packet Pg. 537 Attachment: CD.DCA 17-08 Waterman Industrial East.A3.PC Resolution (5508 : Development Code Amendment 17- 08, Subdivision 17-06, and 20.a Packet Pg. 538 Attachment: CD.DCA 17-03 Waterman Industrial West - Staff Report (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 2) Approve Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type- D 17-02, based on the Findings of Fact and subject to the recommended Conditions of Approval. Discussion Project Description The proposed project involves the development of a warehouse building containing approximately 393,199 square feet on a site containing approximately 16.59 acres. Pursuant to the requirements of Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), Chapter 19.44 (Development Permits) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the applicant is requesting the approval of:  Development Code Amendment (Zoning Map Amendment) 17-03 to change the Zoning District Classification of eleven (11) parcels containing a total of approximately 8.18 acres from Office Industrial Park (OIP) to Industrial Light (IL);  Subdivision 17-07 (Tentative Parcel Map 19916) to consolidate twenty-four (24) parcels into one (1) parcel containing a total of approximately 16.59 acres; and  Development Permit Type-D 17-02 to develop, establish and operate an industrial warehouse building containing approximately 393,199 square feet. Analysis The proposed development involves the construction of a 393,199 square foot industrial warehouse building on a site containing approximately 16.59 acres. Approximately 10,000 square feet of the building will be used for offices with the remainder dedicated for the warehousing activities. This project is proposed as a speculative business with no specific tenant, but has been designed specifically for use as an industrial warehouse facility. No intensive manufacturing uses would be permitted within the Industrial Light (IL) Zone. Architecture The architectural design of the proposed building is highlighted by the prominent corner elements. Significant vertical and horizontal articulation has been provided to reduce the massing of the building elevations. Additionally, glazed windows have been added to complement the existing office buildings and other industrial development located near the subject site. Site Design/Access/Traffic The proposed industrial development will be accessed from one (1) driveway on S. Waterman Avenue, two (2) driveways on E. Ennis Street and one (1) driveway on S. Lincoln Avenue. The driveway along S. Waterman Avenue will be signalized to provide full movement access onto and off of the site and will serve as the primary point of access. Additionally, truck traffic will be prohibited on E. Ennis Street and S. Lincoln 20.a Packet Pg. 539 Attachment: CD.DCA 17-03 Waterman Industrial West - Staff Report (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has reviewed and accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic mitigation measures will be implemented based upon the findings of the approved Traffic Impact Analysis and based upon the recommendations of the City’s Traffic Engineer. Landscaping Landscaped planters will be provided surrounding the project site with particular emphasis throughout and along the vehicular parking area fronting S. Waterman Avenue. A total of 67,426 square feet of the total site will be landscaped, exceeding the 15% of the parking area required. 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 economic activity that capitalizes upon the transportation and locational strengths of San Bernardino  Aggressively apply and enforce citywide landscape and development standards in new and revitalized development throughout the City  Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development  Control development and the use of land to minimize adverse impacts The proposed project implements the above General Plan goals and policies in that the proposed development of an industrial building will capitalize on the City’s transportation and locational strengths as well as the logistics sector, which has become a major economic driver within the City. The proposed building has been oriented to reduce visibility of the loading docks from the surrounding properties and the adjacent public right-of-way. Redevelopment of the site will be done in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this proposal the existing vacant and underutilized properties will be transformed into a development that meets the City’s economic development goals, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval, including the CEQA-mandated Mitigation Monitoring and Reporting Program, in order to minimize potential impacts. Public Comments On March 13, 2018, during the Planning Commission public hearing on this item, residents within the vicinity of the proposed project raised some construction-related concerns. Since then, the applicant has met with these residents and has seemed to adequately address their concerns. 20.a Packet Pg. 540 Attachment: CD.DCA 17-03 Waterman Industrial West - Staff Report (5506 : Development Code Amendment 17-03, Subdivision 17-07 and California Environmental Quality Act Process In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/ Mitigated Negative Declaration prepared in connection with Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19916) and Development Permit Type-D 17-03. Accordingly, pursuant to §15072 of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted on December 8, 2017 for the CEQA-mandated twenty (20) day public review and comment period. During the twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the proposed project, comments were received from the following:  South Coast Air Quality Management District  Stephanie Chen (representing a property owner)  Arthur Davis (local citizen)  San Bernardino County Department of Public Works  San Manuel Band of Mission Indians Responses to the comments were prepared and included in the Final Initial Study/ Mitigated Negative Declaration. On November 14, 2017, the Planning Commission determined that: 1. The Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 has been prepared in compliance with the California Environmental Quality Act; and 2. Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 is consistent with the City of San Bernardino General Plan and Development Code and meets all Findings of Fact required for approval. Mayor, City Council and City Manager 2018-2019 Goals and Objectives The proposed amendment to the General Plan aligns with several of the Mayor and City Council 2018-2019 Goals & Objectives as follows:  Implement the City Vision – The transformation of existing vacant and underutilized properties into a productive industrial development meets the City’s economic development goals.  Create, Maintain and Grow Jobs and Economic Value in the City – The proposed development will capitalize on the City’s transportation and locational strengths, encourage economic development, and provide employment opportunities to the City’s residents. 20.a Packet Pg. 541 Attachment: CD.DCA 17-03 Waterman Industrial West - Staff Report (5506 : Development Code Amendment 17-03, Subdivision 17-07 and  Ensure Development of a Well-Planned, Balanced, and Sustainable City – the development of the proposed industrial warehouse is consistent with the light industrial uses within the project vicinity, has direct access from S. Waterman Avenue, E. Ennis Street and S. Lincoln Avenue, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Fiscal Impacts There will be no fiscal impact associated with the construction or operation of the proposed project. Development impact fees associated with the project will be approximately $1,300,000. City services will be provided to this project similar to other industrial projects in the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution. Attachments Attachment 1 Ordinance (Approving Development Code Amendment/Zoning Map Amendment 17-03) Attachment 2 Resolution (Approving Subdivision 17-07/Tentative Parcel Map 19916 and Development Permit Type-D 17-02) Attachment 3 Planning Commission Resolution No. 2018-018 Ward: 3 Synopsis of Previous Council Actions: None 20.a Packet Pg. 542 Attachment: CD.DCA 17-03 Waterman Industrial West - Staff Report (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 ORDINANCE NO. MC-1494 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 17-03 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF ELEVEN (11) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 8.18 ACRES FROM OFFICE INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) WHEREAS, the current City of San Bernardino Development Code was initially implemented in 1991; and 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 2018-018 recommending the adoption of the Mitigated Negative Declaration and the approval of Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 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 April 20, 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 find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Code Amendment (Zoning Map Amendment) 17-02: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District Classification from a portion of the project site, resulting in the entire site having the Industrial Light (IL) Zoning District Classification. The Industrial Light (IL) Zoning District Classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air 20.b Packet Pg. 543 Attachment: CD.DCA 17-03 Waterman Industrial West.A1.Ordinance (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 transportation routes serving the City. The change in the Zoning District Classification would provide a single zone over the entire 16.59 acre property and would allow the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District Classification from Office Industrial Park (OIP) to Industrial (IL) for a portion of the project site containing approximately 8.18 acres to be combined with the remaining portion of the project site containing approximately 8.41 acres will allow for development of the proposed project in order to capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, surrounding exemplary architectural style with tower elements along with complimentary earth-toned colors. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is flat and has been disturbed, and is surrounded by light industrial businesses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a 393,199 square foot industrial warehouse building with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Therefore, the proposed amendment 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: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Office Industrial Park (OIP) to Industrial Light (IL) will facilitate the development of an industrial warehouse building containing approximately 393,199 square feet, which is consistent with the light industrial uses within the project vicinity. The project site has 20.b Packet Pg. 544 Attachment: CD.DCA 17-03 Waterman Industrial West.A1.Ordinance (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 direct access from S. Waterman Avenue, E. Ennis Street and S. Lincoln Avenue, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District classification. The proposed amendment will result in transforming an underutilized site into an industrial warehouse building containing approximately 393,199 square feet in order to capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Therefore, the proposed amendment will not change the balance of land uses within the City due to the fact that the Industrial Light (IL) Zoning District classification to allow an industrial development on a parcel adjacent to and directly across the street from other large parcels of land designated for industrial uses and create greater consistency with the surrounding properties and provide for an appropriate balance of land uses within the City limits. Finding No. 4: The subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). Finding of Fact: The proposed industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements is permitted within the Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 with the appropriate Conditions of Approval and Mayor and City Council adoption of the Mitigated Negative Declaration. The subject site as an industrial development is sufficient in size to accommodate the project as proposed as required by the City of San Bernardino Development Code for Industrial Zones. Therefore, the subject site is physically suitable for the proposal. 20.b Packet Pg. 545 Attachment: CD.DCA 17-03 Waterman Industrial West.A1.Ordinance (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 SECTION 3. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and written and oral testimony, and having exercised their independent judgment, find that Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 will have no significant adverse effect on the environment with the adoption of the Mitigation Monitoring and Reporting Program; and, find that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the effects of proposed Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02, has been completed in compliance with CEQA and is hereby certified and incorporated herein by reference. SECTION 4. Development Code Amendment (Zoning Map Amendment) 17-03 changing the Zoning District Classification of an area containing approximately 8.18 acres (APN: 0136-412-01 and 27; and, 0136-422-12, 13, 14, 15, 16, 17, 18, 19 and 20) from Office Industrial Park (OIP) to Industrial Light (IL), is hereby approved and incorporated herein by reference. SECTION 5. 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 and State Clearinghouse within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. 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. /// /// /// 20.b Packet Pg. 546 Attachment: CD.DCA 17-03 Waterman Industrial West.A1.Ordinance (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 17-03 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF ELEVEN (11) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 8.18 ACRES FROM OFFICE INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) 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:___________________________________ 20.b Packet Pg. 547 Attachment: CD.DCA 17-03 Waterman Industrial West.A1.Ordinance (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 NO. 2018-128 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING SUBDIVISION 17-07 (TENTATIVE PARCEL MAP 19916) TO CONSOLIDATE TWENTY-FOUR (24) PARCELS INTO ONE (1) PARCEL CONTAINING A TOTAL OF APPROXIMATELY 16.59 ACRES AND DEVELOPMENT PERMIT TYPE-D 17-02 FOR THE CONSTRUCTION OF A WAREHOUSE BUILDING CONTAINING APPROXIMATELY 393,199 SQUARE FEET WHEREAS, on October 19, 2017 pursuant to the requirements of Chapter 19.42 (Development Code Amendments), Chapter 19.44 (Development Permits), Chapter 19.66 (Subdivision Maps) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, an application for Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 was duly submitted by: Property Owner(s): Various Project Applicant: Real Estate Development Associates (REDA) 4100 McArthur Boulevard, Suite 120 Newport Beach, CA 92660 Property Address: Northwest corner of S. Waterman Avenue and E. Ennis Street APN(S): 0136-412-01, 04, 26 and 07; and, 0136-422-01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18 19 and 20 Lot Area: 16.59 acres WHEREAS, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 is a request to allow the consolidation of twenty-four (24) separate parcels into one (1) parcel containing a total of approximately 16.59 acres, and allow the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet, along with the construction of the required on-site and off- site improvements; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has reviewed Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, in accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division of the Community Development Department accepted an Initial Study/Mitigated Negative Declaration prepared in connection with Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02. Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative 1 20.c Packet Pg. 548 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 was posted on December 8, 2017 for the CEQA-mandated twenty (20) day public review and comment period. During the CEQA-mandated twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the proposed project, comments were received from the South Coast Air Quality Management District, Stephanie Chen, Arthur Davis, San Bernardino County Department of Public Works and San Manuel Band of Mission Indians. Responses to the comments were prepared and included in the Final Initial Study/Mitigated Negative Declaration; 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 Final Initial Study/Mitigated Negative Declaration, Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 and at which meeting, the Planning Commission considered the Development Code Amendment (Zoning Map Amendment) 17- 03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-018 recommending to the Mayor and City Council the adoption of the Mitigated Negative Declaration, and the approval of Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02; and WHEREAS, notice of the May 2, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on May 4, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 of the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02. 2 20.c Packet Pg. 549 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 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 17-07 (Tentative Parcel Map 19916). Finding No. 1: The proposed map is consistent with the General Plan. Finding of Fact: The proposed Tentative Parcel Map to accommodate the development of an industrial warehouse building containing approximately 393,199 square feet, along with the construction of the required on-site and off- site improvements will provide additional economic development opportunities with the City, the proposed project is permitted within the Industrial Light (IL) zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-03, and Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 with the appropriate Conditions of Approval and the adoption of the Mitigated Negative Declaration by the Mayor and City Council, and the proposed Industrial Light (IL) zone is consistent with the proposed Industrial Light land use designation set forth by the General Plan Land Use Map. Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that integrates with surrounding land uses.” The proposed Tentative Parcel Map will be consistent with the pattern of development within the existing surrounding neighborhood. General Plan Land Use policy 2.7.5 states: “Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts.” The proposed Tentative Parcel Map will connect to existing water and sewer services, roads, storm drains, and private utilities. Finding No. 3 The site is physically suitable for the type of development. Finding of Fact: The proposed project is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of a Development Code Amendment (Zoning Map Amendment) and Development Permit Type-D with the appropriate Conditions of Approval and CEQA determination. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Code Amendment 3 20.c Packet Pg. 550 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 (Zoning Map Amendment) 17-03, and Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 4: The site is physically suitable for the proposed density of development. Finding of Fact: The proposed industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-03, and Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 with the appropriate Conditions of Approval and adoption of the Mitigated Negative Declaration by the Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 17-02 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. 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 site is an existing partially developed site and surrounded by urban development. No significant negative impacts on the environment are anticipated to result from re-use of the existing 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. 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 4 20.c Packet Pg. 551 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 3. Findings of Fact – Development Permit Type-D 17-02. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: The proposed development of an industrial warehouse building containing approximately 393,199 square feet is a permitted use within the existing and proposed Industrial Light (IL) Zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type-D 17-02 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: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District classification. The Industrial Light (IL) Zoning District classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The change in the Zoning District classification would provide a single land use/zone over the entire 16.59 acre property and would allow the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District classification from Office Industrial Park (OIP) to Industrial (IL) will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography 5 20.c Packet Pg. 552 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 and vegetation, surrounding exemplary architectural style with tower elements along with complimentary earth-toned colors. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is flat and has been disturbed. The site is surrounded by light industrial businesses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a 393,199 square foot industrial warehouse building with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Additionally, the proposed project is permitted within the existing and proposed Industrial Light (IL) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures and is consistent with the existing Industrial Land Use Designation set forth by the General Plan Land Use Map. Therefore, the proposed amendment is consistent with the General Plan. Finding No. 3: The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed development of an industrial warehouse building containing approximately 393,199 square feet will be harmonious and compatible with existing and future developments within the existing and proposed Industrial Light (IL) Zone. The surrounding area consists of a mixture of residential and industrial uses. Appropriate Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the surrounding area will not be negatively impacted by the development of the proposed project. The scale and density of the proposed development conforms to the development standards of the Industrial Light (IL) Zone. Additionally, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-03, the proposal is consistent with both the General Plan and Development Code, and no land use conflict is expected to result from construction of the proposed project. Finding No. 4: The proposed development is in compliance with the requirements of the California Environmental Quality Act and §19.20.030 of the City of San Bernardino Development Code. 6 20.c Packet Pg. 553 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 Finding of Fact: In accordance with §15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 for the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements. Finding No. 5: 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 §15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 for the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements is permitted within the existing and proposed Industrial Light (IL) Zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tent ative Parcel Map 19916) and Development Permit Type-D 17-02 with the appropriate Conditions of Approval and adoption of the Mitigated Negative Declaration by the Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 17-02 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. 7 20.c Packet Pg. 554 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 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. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed industrial warehouse building containing approximately 393,199 square feet along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to and 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 and Mitigation Measures, the proposed development under Development Permit Type-D 17-02 will not be detrimental to public services or public health and safety. Finding No. 8: 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 of an industrial warehouse building containing approximately 393,199 square feet along with the required on-site and off-site improvements conforms to all applicable development standards and land use regulations of the existing and proposed Industrial Light (IL) Zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 will have no significant adverse effect on the environment with the adoption of the Mitigation Monitoring and Reporting Program; and, find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as accepted by the Planning Commission as to the effects of proposed Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) 8 20.c Packet Pg. 555 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 and Development Permit Type-D 17-02, has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. SECTION 5. 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 final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. SECTION 6. – Development Code Amendment (Zoning Map Amendment) 17-03, as approved by Ordinance, is incorporated herein by reference. SECTION 7. – Pursuant to §1.08.090 (Effective Dates) of the City of San Bernardino Municipal Code, the Ordinance approving Development Code Amendment (Zoning Map Amendment) 17-03 shall become effective thirty (30) days from the date of the second reading of the Ordinance which is scheduled for May 16, 2018. Accordingly, the effective approval date of Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 is June 15, 2018. SECTION 8. – Conditions of Approval. Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the consolidation of twenty-four (24) separate parcels into one (1) parcel containing a total of approximately 16.59 acres, and allow the development, establishment and operation of an industrial warehouse building containing approximately 393,199 square feet, along with the construction of the required on-site and off-site improvements. The project site is located at the northwest corner of S. Waterman Avenue and E. Ennis Street (APN(S): 0136-412-01, 04, 26 and 07; and, 0136-422-01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18 19 and 20) within the Industrial Light (IL) Zone. 2. The project site shall be developed and maintained in accordance with the plans stamped June 15, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan, 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. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated June 15, 2018, and incorporated herein by reference as Conditions of Approval. 4. 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 9 20.c Packet Pg. 556 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 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: June 15, 2020 5. 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. 6. 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. Planning Division 7. 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. 8. 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. 9. 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. 10. Minor modifications 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 20.c Packet Pg. 557 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Building & Safety Division 18. Plans submitted shall conform to the 2016 California Building Codes. Please note this will include the California Green Building Code. 19. Project shall confirm to Chapter 3 of California Building Code 2016. 20. Project shall also conform to the requirements of Chapter 4 of the California Building Code 2016, Special Details Requirements Based on use of Occupancy. 21. Provide sprinkler requirements for the occupant load according to California Building Code 2016. 22. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11A of California Building Code 2016. 11 20.c Packet Pg. 558 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 23. There shall be a formal plan submittal prior to all issuance of permits. 24. Refer to Chapter 7 of the California Building Code 2016 for Fire/Smoke Protection Requirements. Land Development Division 25. Drainage and Flood Control a. All necessary drainage and flood control measures shall be subject to requirements of the Land Development Division, which may be based in part on the recommendations of the San Bernardino County Flood Control Department. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b. 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. c. The detention basin shall be designed in accordance with “Detention Basin Design Criteria for San Bernardino County.” Retention basins are not acceptable. d. Portion of the development is located within Zone A (floodway) on the Federal Insurance Rate Maps booklet 06071C8684J with effective date 09/02/2016. The developer shall be responsible for providing elevation certificate prepared in accordance with FEMA regulations to prove that all parcels are not subject to flooding in a 100-year storm. These certificates shall be provided in a form that is suitable for submittal to FEMA in order to obtain a Letter of Map Revision/Amendment (LOMR/LOMA). FEMA approval of the LOMR/LOMA shall be submitted to the City prior to Grading and Building Permits issuance. e. 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. f. 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. g. The proposed underground StormTech Chamber is conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. h. The proposed ponding within the truck yard shall not exceed 1-foot depth for 100- year storm. i. The proposed Storm Drain in Lincoln Avenue shall be approved by PW and respective agencies including but not limited to Water Department and Railroad prior to Grading permit issuance. 12 20.c Packet Pg. 559 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 j. 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. k. 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. l. 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. m. 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. 26. 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 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.100 of the Development Code shall be obtained from the Department of Community Development - Planning Division prior to issuance of any grading or site development permits. c. 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. d. 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. e. 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. f. 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. 13 20.c Packet Pg. 560 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 g. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. h. 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. i. 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. j. 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. k. 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. l. 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. 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: 14 20.c Packet Pg. 561 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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  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. p. 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. q. 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. r. 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. s. The Easterly Building Wall proposed to function as channel wall shall be waterproof to the Building foundation. t. A Demolition Permit is required for the demolition of the existing structures on the project site. A record of the square-footage for each of the structures shall be recorded for credit towards the Impact Fees. u. 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. 27. 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. 15 20.c Packet Pg. 562 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 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. Utility services shall be placed underground and easements provided as required. f. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. 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. 28. Mapping a. A Parcel Map based upon field survey will 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. c. All existing easement proposed to be quitclaimed shall be recorded prior to Building Permit issuance. 29. 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 (feet) Curb Line (feet) Waterman Avenue 55 (5’ Dedication Required) 43 (Proposed) Lincoln Avenue 30 (10’ Dedication Required) 20 (Proposed) Ennis Street 30 (10’Dedication Required) 20 (Proposed) b. Waterman Avenue:  Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb). 16 20.c Packet Pg. 563 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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  If the existing curb & gutter adjacent to the site are in poor condition, the curb & gutter shall be removed and reconstructed in accordance to City Standard No. 200, Type “B”.  Waterman Avenue shall be rehabilitated and the structural street section shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches.  A Radius Type Driveway Approach is proposed in lieu of the standard drive approach, therefore truck turning radius shall be verified with Public Works for final radius determination. An accessible bypass crossing the approach shall be provided to comply with current ADA standard.  Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk.  Install LED Street Lights adjacent to the site 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.  Curb return at the Northwest corner of Waterman Avenue and Ennis Street shall be constructed with a 25-foot radius. Curb ramp shall be constructed 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.  The existing spandrel and cross gutter at the Northwest corner of Waterman Avenue and Ennis Street shall be removed and reconstructed up to the centerline of Ennis Street in accordance to City Standard 201.  The Proposed Storm Drain shall be sized to accommodate the flows identified in the CSDP No. 7, (Beginning of CSDP No. 7 lateral down to and including the proposed building site only) then the flows shall continue in an enclosed pipe to the channel “Twin Creek” using City Rights-of-Way. c. Lincoln Avenue:  Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb).  Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer.  Lincoln Avenue shall be rehabilitated and the structural street section shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches.  A Radius Type Driveway Approach is proposed in lieu of the standard drive approach, therefore truck turning radius shall be verified with Public Works for 17 20.c Packet Pg. 564 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 final radius determination. An accessible bypass crossing the approach shall be provided to comply with current ADA standard.  Install LED Street Lights adjacent to the site 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.  Curb return at the Northeast corner of Lincoln Avenue and Ennis Street shall be constructed with a 25-foot radius. Curb ramp shall be constructed 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. Ennis Street:  Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb).  Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer.  Ennis Street shall be rehabilitated and the structural street section shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches.  A radius type driveway approach is proposed in lieu of the standard drive approach, therefore truck turning radius shall be verified with Public Works for final radius determination. An accessible bypass crossing the approach shall be provided to comply with current ADA standard.  Auto Driveway Approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach.  Install LED Street Lights adjacent to the site 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. e. 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. f. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. g. 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. 18 20.c Packet Pg. 565 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 30. 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 (if needed),  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 also available at no charge at the Public Works Web Site at http://www.sbcity.org 31. 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. 19 20.c Packet Pg. 566 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 32. 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 the Public Works Counter and at http://www.sbcity.org 33. 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. b. Truck traffic shall be directed through the primary project site entrance along Waterman Avenue, at the intersection to be signalized. San Bernardino County Consolidated Fire District 34. The project shall comply with all current Building Codes, Fire Codes and Fire Department Standard Requirements based on occupancy classification. 35. Any changes to this proposal shall require a new Fire Department condition letter. 36. Any changes to the approved life safety system shall require plans to be submitted to the Fire Department prior to construction including the following: (fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances & hood protections.) 37. A monitored fire sprinkler system is required for the proposed building. Plans shall be submitted to the Fire Department prior to construction. PER CFC 903.2.1.1 38. Knox Box/Key Box is required, and shall be provided and installed in accordance with the CFC and Fire Department Standard. 39. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 40. An approved on-site fire protection water system, in accordance with Fire Department Standard is required. The system is required to be in place and serviceable prior to building construction. 41. An approved water supply system, complete with street fire hydrants and complying with Fire Department Standard, shall be in place prior to any combustible construction. 42. Provide a complete on-site fire protection plan to the Fire Department which indicates the location of all required fire protection appliances (FDC’s, PIV’s, DDC’s, proposed and existing fire hydrants, etc.) 20 20.c Packet Pg. 567 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 43. Paved access from two (2) points shall be required for completion and occupancy. 44. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire Department Standard. If gates are installed they must comply with Fire Department Standards. 45. Provide the following Fire Department notes on the site utility plan:  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.  All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard.  Paint curbs red, 15 feet to either side of fire hydrants and FDC.  Fire Department Connection required within 50 feet of a hydrant.  Bollards (crash posts) may be required at the time of final inspection (to prevent the fire hydrants and FDC from vehicular traffic).  Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 feet for residential areas. 46. Paved access from two (2) points are required to be 30 feet in width for buildings three (3) or more stories in height or over 300,000 square feet. 47. Premise and Building identification and addressing shall be a minimum of twelve (12) inches in height. 48. Buildings over 100,000 feet shall have two points of connection from opposite water lines. 49. All fire access roads into this project shall meet San Bernardino County standards and CFC codes. 50. All fire access roads shall be paved and all weather and shall meet the min turning radius. 51. If warehouse will be used for storage the sprinkler design will comply with the requirements of NFPA for heights and commodity. All speculative buildings shall be designed to a min of .6/3000 sprinkler design. 52. A Fire Control Room is required for all warehouses over 300,000 square feet. See County Standard S1 for construction requirements. 53. Five (5) or more sprinkler risers or buildings exceeding 100,000 square feet shall have two (2) points of connection. 54. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered buildings requires a separate submittal. Please submit all plans to San Bernardino County Fire Department. High Piled Storage plans shall be submitted prior to any storage or approval of racks within the warehouse. Contact (909) 918-2201 for information. 21 20.c Packet Pg. 568 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 55. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code for spacing and size. 56. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 57. Annual fire department permit is required. Contact (909) 918-2201 for information. SECTION 9. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 22 20.c Packet Pg. 569 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING SUBDIVISION 17-07 (TENTATIVE PARCEL MAP 19916) TO CONSOLIDATE TWENTY-FOUR (24) PARCELS INTO ONE (1) PARCEL CONTAINING A TOTAL OF APPROXIMATELY 16.59 ACRES AND DEVELOPMENT PERMIT TYPE-D 17-02 FOR THE CONSTRUCTION OF A WAREHOUSE BUILDING CONTAINING APPROXIMATELY 393,199 SQUARE FEET 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: ___________________________________ 23 20.c Packet Pg. 570 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 EXHIBIT A APPROVED PLANS 24 20.c Packet Pg. 571 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 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 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM 25 20.c Packet Pg. 572 Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and s.f. ac s.f. s.f. s.f. stalls stalls stalls doors doors stalls s.f. s.f. BLDG.1 In s.f. 722,563 In acres 16.59 BUILDING AREA Office 1st floor 10,000 Warehouse 383,199 TOTAL 393,199 COVERAGE 54.4% PARKING REQUIRED 1 per 1/1,250 s.f. 315 PARKING PROVIDED Standard Stalls (9'x19') 193 Trailer Stalls (12'x53') 67 Dock Doors 53 Grade Level Door 2 TOTAL 315 ZONING ORDINANCE FOR CITY Zoning Designation - Industrial Light (IL) MAXIMUM BUILDING HEIGHT ALLOWED Height - 2 stories or 50' MAXIMUM FLOOR AREA RATIO FAR - 75% LANDSCAPE REQUIREMENT 15% of Parking Area 11,342 LANDSCAPE PROVIDED In s.f. - 67,426 SETBACKS Front/street - 10' Side - 10' Rear - 10'20.dPacket Pg. 573Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit A Project Plans (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Development Permit Type D 17-02) 20.dPacket Pg. 574Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit A Project Plans (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Development Permit Type D 17-02) 20.dPacket Pg. 575Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit A Project Plans (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Development Permit Type D 17-02) 9 9 Clear Anodized MULLIONS Blue Reflective GLAZING 1 2 3 4 4 5 6 7 8 Sherwin Williams SW 7005 Pure White Sherwin Williams SW 7071 Gray Screen Sherwin Williams SW 7073 Network Gray Sherwin Williams SW 7072 Online Sherwin Williams SW 7075 Web Gray Sherwin Williams Acrylic Latex Systems High Gloss/High performance in color: SW 7005 Pure White @ Metal CANOPY Sherwin Williams Acrylic Latex Systems High Gloss/High performance in color: SW 7075 Web Gray @ Metal SIDING 99 9 99 9 9999 1 2 2 3 3 3 3 6 7 6 7 6 7 6 7 8 8 8 5 5 5 5 Ennis Street Elevation - South Elevation Enlarged View of Ennis Street Elevation - South Elevation Waterman Avenue Elevation - East Elevation Waterman South Distribution Center Job No. 17226.00 CITY OF SAN BERNARDINO, CA 10.16.2017C O N C E P T U A L C O L O R E D E L E V A T I O N S & M A T E R I A L B O A R D 20.dPacket Pg. 576Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit A Project Plans (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Development Permit Type D 17-02) North Elevation Ennis Street Elevation - South Elevation Waterman Avenue Elevation - East Elevation West Elevation Waterman South Distribution Center CITY OF SAN BERNARDINO, CA 10.16.2017C O N C E P T U A L C O L O R E D E L E V A T I O N SJob No. 17226.00 20.dPacket Pg. 577Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit A Project Plans (5506 : Development Code Amendment 17-03, Subdivision 17-07 and Development Permit Type D 17-02) Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 1 March 5, 2018 WATERMAN SOUTH DISTRIBUTION CENTER IS/MND MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Biological Resources MM BIO-1: Nesting bird surveys shall be conducted seven days prior to any construction activities taking place during the nesting season (generally February 15th to September 15th) to avoid potentially taking any birds or active nests. Impacts to all bird species (common and special status) can be avoided by conducting work outside of the nesting season, or between approximately September 16th and February 14th), and conducting a worker awareness training. However, if all work cannot be conducted outside of nesting season, a project-specific Nesting Bird Management Plan can be prepared to determine suitable buffers. If an active nest is discovered, disturbance within an established buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the biologist in consultation with applicable resource agencies and in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City to document compliance with applicable State and federal laws pertaining to the protection of native birds. 7 days prior to construction; avoidance during construction. Grading Permit review/approval; site inspections Community Development Department Cultural Resources MM CUL-1: Prior to the initiation of ground-disturbing activities, field personnel should be alerted to the possibility of buried prehistoric or historic cultural deposits. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist should be retained to assess the significance of the find. The qualified archaeologist shall have the authority to stop or divert construction exaction as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register or the National Register, plans for the treatment, evaluation, and mitigation of impacts to the find shall need to be developed. Prehistoric or Prior to initiating ground- disturbing activities; during construction. Site inspections Community Development Department 20.ePacket Pg. 578Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 2 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials historic cultural materials that may be encountered during ground-disturbing activities include: • historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects; • historic structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements; • prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates; • groundstone artifacts, including mortars, pestles, and grinding slabs; • dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks. MM CUL-2: A professional vertebrate paleontologist shall be present during any excavations that exceed 10 feet depth to check for the inadvertent exposure of fossils or other resources of paleontological value. In the event that fossils or fossil bearing deposits are discovered during construction activities when a paleontologist is not present, excavations within a 100-foot radius of the find shall be temporarily halted or diverted. The paleontologist shall document any discoveries as needed in accordance with Society of Vertebrate Paleontology standards and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction activities are allowed to resume at the location of the find. If the Applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. During ground- disturbing activities (greater than 10’ deep) Site monitoring Professional vertebrate paleontologist 20.ePacket Pg. 579Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 3 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials MM CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains. During ground- disturbing activities Site monitoring Community Development Department Hazards and Hazardous Materials MM HAZ-1: If leaks from the transformer develop during the project construction or operation phase, the Applicant shall contact the utility company to sample fluids for the presence of polychlorinated biphenyls (PCBs). If the analysis results indicate that the electrical transformer(s) contains PCBs, the utility company shall be responsible for mitigating any leakage and staining and for replacing the fluids and/or transformer(s). Ongoing during construction and operation. Site monitoring; site inspections Community Development Department MM HAZ-2: In accordance with National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines, an asbestos survey shall be performed on all structures proposed for demolition that are known or suspected to have been constructed prior to 1980. If asbestos-containing materials (ACMs) are determined to be present, the materials shall be abated by a certified asbestos abatement contractor in accordance with the regulations and notification requirements of SCAQMD. Demolition and disposal of ACMs shall be completed in accordance with the procedures specified by SCAQMD’s Rule 1403. Prior to issuance of Demolition or Building Permits; ongoing during demolition activities Review and implementation of asbestos survey (if required) Certified asbestos abatement contractor; Community Development Department MM HAZ-3: A lead-based paint survey shall be performed on all structures proposed for demolition that are known or suspected to have been constructed prior to 1980. If lead-based paint is identified, then federal and state construction worker health and safety regulations shall be followed during renovation or demolition activities. If loose or peeling lead-based paint is identified at the building, it shall be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. Prior to issuance of Demolition or Building Permits Review and implementation of lead-based paint survey (if required) Community Development Department; Environmental Health Services 20.ePacket Pg. 580Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 4 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Requirements set forth in the California Code of Regulations shall be followed during demolition activities, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed. Noise MM NOI-1: During all project site excavation and grading on -site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers’ standards. The construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors (residences) nearest the project site. During construction Site inspections Community Development Department MM NOI-2: The construction contractor shall locate equipment staging in areas that would create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. During construction Site inspections Community Development Department Traffic and Circulation MM TRF-1: TRF-1 – The applicant shall install a traffic signal at the Project’s main entrance (driveway) on Waterman Avenue, prior to issuance of certificates of occupancy, to the satisfaction of the City Traffic Engineer. Prior to certificate of occupancy. Construction plan review; Building Plan review City Traffic Engineer Tribal Resources MM TCR-1: Due to the heightened cultural sensitivity of the proposed project area, both an archaeological monitor with at least 3 years of regional experience in archaeology and a Tribal monitor representing SMBMI shall be present for all ground-disturbing activities of previously undisturbed soils that occurs within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, dra inage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number Prior to the issuance of any ground disturbance- related permits (such as grading permits); during grading Develop Tribal Monitoring Plan; Site monitoring Archaeological Monitor, Tribal monitor, and Community Development Department 20.ePacket Pg. 581Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 5 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials of archaeological and Tribal monitors shall be present each work day to e nsure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. The following TCR-1 language has been added at the request of SMBMI, effectively providing further clarification to TCR-1 and Mitigation Measure CUL-1: At the request of SMBMI, prior to the issuance of any ground disturbance- related permits (such as grading permits), the Lead Agency shall contact and coordinate with SMBMI to facilitate communications with the Project developer/applicant so that all Parties can develop a mutually-acceptable Archaeological and Tribal Monitoring Plan. This Plan shall be approved and adopted by the Lead Agency prior to the issuance of any ground disturbance- related permits. The Plan’s implementation in the field shall be enforced by the Lead Agency for the life of the Project. Discovery Protocol and Treatment If an archaeological deposit or tribal cultural resource is discovered within the Project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. Representatives from SMBMI, the Archaeological Monitor, the Project applicant/developer, and the Lead Agency shall confer regarding treatment of the discovered resource(s). A treatment plan shall be prepared, reviewed and adopted by all Parties, and then implemented to protect the identified resources from damage and destruction, as necessary. The treatment plan shall contain a research design to evaluate the resource for significance under both NHPA and CEQA criteria, as appropriate. This research design shall (1) acknowledge the necessity for additional, internal Tribal deliberations and culturally-appropriate treatments for all tribal cultural resources and (2) for archaeological resources, include fieldwork and sampling procedures appropriate to ascertain the boundaries, nature, and content of the resource in accordance with current, professional archaeological be st practices, in consultation with SMBMI. Should the resource be determined to be significant, avoidance and preservation in place shall be the preferred treatment. Should the resource not be a candidate for avoidance or preservation in place, a resource-specific 20.ePacket Pg. 582Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 6 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials mitigation plan shall be developed, reviewed by all Parties, and implemented. Should the mitigation plan include archaeological data recovery, a research design shall be developed that exhausts the research potential of the resource in accordance with current professional archaeology standards. Any mitigation plan that results in the removal of cultural resources (artifacts, ecofacts, features, etc.) from their original provenience shall also include a comprehensive discussion of resource processing, analysis, curation, and reporting protocols and obligations. a. All mitigation, treatment, and data recovery plans shall be developed in consultation with SMBMI. b. All fieldwork related to treatment, mitigation, and data recovery plans shall require monitoring by an SMBMI Tribal Monitor. c. All draft reports containing the significance and treatment findings and data recovery results shall be prepared by an SOI-qualified archaeologist hired by the applicant/developer and submitted to the Lead Age ncy and SMBMI for their review and comment. d. All final reports are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. Treatment and Disposition of Artifacts, Ecofacts, Cultural Deposits SMBMI requests that culturally-appropriate and professionally proper procedures shall be followed with respect to all artifacts and remains affiliated with Native peoples—whether prehistoric, protohistoric, or historic. a. Any sacred/ceremonial objects or objects of cultural patrimony discovered within the project area are to be offered to the MLD of record for appropriate treatment and all claims of ownership to such materials waived by the applicant/developer/landowner. b. SMBMI requests that all other artifacts be permitted to be either (1) left in situ should avoidance or protection in place be guaranteed or (2) reburied, on site, in a location that will be protected from future disturbance, if feasible. A fully executed reburial agreement shall be developed in consultation with SMBMI. This agreement shall include feasible measures and provisions to protect the future reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, deed riders, 20.ePacket Pg. 583Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 7 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials etc.). Reburial shall not occur until all ground-disturbing activities associated with the Project have been completed, all monitoring has ceased, all cataloging and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. c. Should it occur that avoidance, preservation in place, or on-site reburial are not an option for some artifacts, SMBMI requests that the landowner relinquish all ownership and rights to this material and consult with the Tribes to identify an American Association of Museums (AAM)-accredited facility within San Bernardino County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. d. Where appropriate and agreed upon in advance by SMBMI, the SOI- qualified archaeologist hired by the applicant/developer may conduct analyses of certain artifact classes (including, but not limited to, shell, non - human bone, ceramic, stone) if required by CEQA, the Project’s mitigation measures, and/or conditions of approval for the Project. Upon completion of authorized and mandatory analyses, the applicant/developer shall provide said artifacts to SMBMI for reburial on site (if feasible) or to the aforementioned, identified curation facility within sixty (60) days from the completion of analyses and not to exceed one hundred and twenty (120) days after the initial recovery of the items from the field. The following TCR-1 language has been added at the request of SMBMI, effectively providing further clarification to TCR-1 and Mitigation Measure CUL-3: Discovery and Treatment of Human Remains The Lead Agency and the applicant/developer shall immediately contact the San 20.ePacket Pg. 584Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 8 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Bernardino County Coroner and SMBMI in the event that any human remains are discovered during implementation of the Project. If the Coroner recognizes the human remains to be those of a Native American, or has rea son to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty -four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 (c). The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, applicant/developer/ landowner, and Lead Agency agree to discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes. The MLD shall complete its inspection and make recom mendations within forty- eight (48) hours of receiving notification from either the Developer or the NAHC, as required by California Public Resources Code § 5097.98. Reburial of human remains and/or funerary objects shall be accomplished in compliance with the California Public Resources Code § 5097.98 (a) and (b). The MLD in consultation with the applicant/developer/landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects, as well as ceremonial and cultural items (artifacts) on or near, the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. The term "human remains" encompasses more than human bones because some local Tribes’ traditions periodically necessitated the ceremonial burning of human remains and funerary objects. Funerary objects are those artifacts associated with any human remains or funerary rites. These items, and other funerary remnants and their ashes, are to be treated in the same ma nner as human bone fragments or bones that remain intact. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be 20.ePacket Pg. 585Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision Waterman South Distribution Center IS/MND City of San Bernardino Mitigation Monitoring and Reporting Program Page 9 March 5, 2018 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 (r). 20.ePacket Pg. 586Attachment: CD.DCA 17-03 Waterman Industrial West.A2.Resolution Exhibit B MMRP (5506 : Development Code Amendment 17-03, Subdivision 20.f Packet Pg. 587 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 588 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 589 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 590 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 591 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 592 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 593 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 594 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 595 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 596 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 597 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 598 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 599 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 600 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 601 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 602 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 603 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 604 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 605 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 606 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 607 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 608 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 609 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 610 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 20.f Packet Pg. 611 Attachment: CD.DCA 17-03 Waterman Industrial West.A3.PC Resolution (5506 : Development Code Amendment 17-03, Subdivision 17-07 and 21.a Packet Pg. 612 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru 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. Response to Appeal The Planning Division of the Community Development Department has prepared the following responses to address the grounds for the appeal: 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. The summary of the project traffic analysis and findings were presented in the Planning Commission report. The project Traffic Impact Study (TIS) report highlighted the project impacts and mitigations measures based on the project opening base year 2018 and future built out year of 2040. 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. Waterman Avenue is a Major Arterial on the City’s Circulation Element of the General Plan with 40,000 vehicles per day (VPD) roadway capacity. Currently it carries about 20,000 VPD and 36,000 VPD south and north of the SR-210 Freeway respectively. 3. Presently, and especially during rush hours, Waterman Avenue traffic in vicinity is at a standstill – LOS “F.” Based on the TIS dated August 3, 2017, the study area intersections currently operate within acceptable Levels of Service (D or better) during the peak hours for existing traffic conditions, with the exception of the Waterman Avenue/SR‐210 Freeway EB Ramps intersection, which is currently operating at Level of Service E during the evening peak hour. This intersection is within State Highway. 4. A “drive thru” would encourage south bound traffic to cross congested north bound lanes. Southbound project traffic will access the project site from either 29th Street or Country Club Lane driveways. The project is forecasted 29 trips and 23 trips inbound during the morning and evening peak hours respectively. Southbound inbound (making left turn) trips distribution is 45% (13 trips) at 29th Street and 15% (4 trips) at Country Club Lane in the morning peak hour. In the evening peak hour, the inbound trips would be 10 trips at 29th St and 3 trips at Country Club Lane. 5. Many drivers exiting “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. Cut through traffic is unlikely since driving through the 21.a Packet Pg. 613 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru residential area is a long distance to another Major Arterial and crossing stop signed controlled intersections. The project is forecasted 26 and 21 trips outbound during the morning and evening peak hours respectively. Out of these trips, 15% (4 trips and 3 trips in the am and pm respectively) is expected to be generated by local area east of the project along 28th Street, Country Club Lane and 29th Street. A Traffic Impact Analysis (TIA) was prepared and submitted to the City Traffic Engineer and Caltrans to analyze the potential impacts of the proposed development on the existing transportation systems. Since the project traffic mitigation measures are at intersections along State Highway, Caltrans has reviewed the TIA report and approved the TIA based on their requirements. The City Traffic Engineer also reviewed the TIA and has approved the TIA subject to the implementation of all the traffic mitigation measures and Caltrans’ requirements. Project Description The proposed project involves the development of a restaurant with a drive-thru and a multi-tenant retail building on a site containing approximately 0.67 acres. Pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) and §19.06.030(2)(H) (Drive-Thru Restaurants) of the City of San Bernardino Development Code, Conditional Use Permit 17-22 is a request to allow the development, establishment and operation of a restaurant with drive-thru containing approximately 2,237 square feet and a multi-tenant retail building containing approximately 2,978 square feet, along with the construction of the required on-site and off-site improvements. The project site is located at 2855 N. Waterman Avenue, within the Commercial General (CG-1) Zone. The project site is comprised of a parcel containing a total of approximately 0.67 acres and is currently undeveloped. To the north of the project site there is an existing convenience store within the Commercial General (CG-1) Zone. To the east and south are a mixture of vacant land and single-family dwellings within the Residential Suburban (RS) and Commercial General (CG-1) Zones. To the west there are single-family dwellings within the Commercial Office (CO) Zone. Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties. TABLE 1: SITE AND SURROUNDING LAND USES LOCATION EXISTING LAND USE ZONING GENERAL PLAN Site Vacant Commercial General (CG-1) Commercial North Convenience Store Commercial General (CG-1) Commercial South Single-Family Dwellings Residential Suburban (RS) Residential East Vacant Land and Single- Family Dwelling Commercial General (CG-1) and Residential Suburban (RS) Commercial and Residential West Single-Family Dwellings Commercial Office (CO) Commercial 21.a Packet Pg. 614 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Project Development: The proposed development as a restaurant with drive-thru containing approximately 2,237 square feet and multi-tenant retail containing approximately 2,978 square feet have been designed to comply with the development standard of the City of San Bernardino Development Code, and are permitted within the subject Commercial General (CG-1) Zone subject to the approval of a Conditional Use Permit. Table 2 below provides a site design analysis that illustrates the consistency of the proposed project with the Development Code and General Plan. TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONSISTANCY CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN Land Use Restaurant w/ Drive-Thru and Multi-Tenant Retail Permitted Subject to approval of a CUP Permitted subject to approval of a CUP Lot Size 0.67 Acres (29,185 Square Feet) N/A N/A Height - Restaurant w/ Drive- Thru - Multi-Tenant Retail 23.67 Feet 25 Feet 2 Stories; 30 Feet N/A Setbacks - Front - Street Side - Rear 61.7 to 83.4 Feet 11 Feet Multi-Tenant Retail 25 Feet Restaurant w/ Drive- Thru 3 Feet Multi-Tenant Retail 10 Feet Restaurant w/ Drive- Thru 10 Feet 10 Feet 0 Feet* N/A N/A N/A Lot Coverage 17.9% (5,215 Square Feet) 50% Maximum N/A Parking - ADA Stalls 30 Stalls 2 Stalls w/ Van Accessible 29 Stalls 2 Stalls N/A Landscaping 16.9% (4,999 Square Feet) 15% Minimum N/A ∗ Adjacent to a Residential Land Use District, the minimum rear setback shall be 10 feet. Land Use/Architecture The proposed project consists of the development of a restaurant with drive-thru and a multi-tenant retail building comprised of three (3) commercial units, with each unit containing between 945 to 985 square feet of leasable space, on an undeveloped/underutilized rectangular shape vacant site. The development will have a contemporary architectural design with horizontal and vertical articulations in order to 21.a Packet Pg. 615 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru create relief amongst the buildings. The façades will utilize fluctuating color schemes, decorative mullion framing and tempered glass, foam cornices for roofline treatment, and stucco and stone wainscot finishes creating internal continuity, uniformity, and compatibility. Site Design/Access/Parking The proposed development will be accessed through two (2) driveways from E. Country Club Lane and E. 29th Street. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the off-street parking areas through both E. Country Club Lane and E. 29th Street. Emergency and Trash/Refuse Services will be able to adequately access the site, and designated “paths of travel” have been provided to ensure pedestrian safety. Additionally, the drive-thru lane has been designed to provide adequate stacking for the proposed drive-thru restaurant use. Landscaping The existing landscaping plan provides 16.9% (4,999 square feet) coverage of on-site landscaping which is provided within the setbacks and parking area, as well as surrounding the proposed buildings. California Environmental Quality Act (CEQA) In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Conditional Use Permit 17-22 and concluded that Conditional Use Permit 17-22 is found to be exempt under §15061(b)(2) (Review for Exemption) of CEQA, pursuant to §15332 (In-Fill Development Projects) of CEQA. A Class 32 Categorical Exemption consists of projects characterized as in-fill development meeting the conditions contained within §15332 of CEQA. The Planning Division staff has analyzed proposed Conditional Use Permit 17-22 and has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the fact that: 1) the project is consistent the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development is located within the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no additional potential significant environmental impacts that may result from the proposed development, establishment and operation of the proposed uses. The proposed project complies with the City of San Bernardino Development Code for site development and traffic standards. On February 20, 2018, the Planning Commission determined that: 1. The Categorical Exemption is in compliance with the California Environmental Quality Act; and 21.a Packet Pg. 616 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru 2. Conditional Use Permit 17-22 is consistent with the City of San Bernardino General Plan and Development Code and meets all Findings of Fact required for approval. Mayor, City Council and City Manager 2018-2019 Goals and Objectives The proposed amendment to the General Plan aligns with several of the Mayor and City Council 2018-2019 Goals & Objectives as follows:  Implement the City Vision – The transformation of existing vacant and underutilized properties into a productive commercial development meets the City’s economic development goals.  Create, Maintain and Grow Jobs and Economic Value in the City – The proposed development will capitalize on the City’s commercial and locational strengths, encourage economic development, and provide employment opportunities to the City’s residents.  Ensure Development of a Well-Planned, Balanced, and Sustainable City – the development of the proposed commercial development is consistent with the commercial uses within the project vicinity, has direct access from S. Waterman Avenue, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Fiscal Impacts There will be no fiscal impact associated with the construction or operation of the proposed project. City services will be provided to this project similar to other commercial residential projects in the City. Incremental sales tax will accrue to the City through the development of the currently vacant property. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution denying Appeal 18-01. Attachments Attachment 1 Resolution; Exhibit A Attachment 2 Planning Commission Resolution No. 2018-009 Attachment 3 Appeal 18-01 Ward: 7 Synopsis of Previous Council Actions: 21.a Packet Pg. 617 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.Report (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru 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. 2018-129 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 18-01, THEREBY UPHOLDING THE PLANNING COMMISSION’S ADOPTION OF THE CATEGORICAL EXEMPTION AND APPROVAL OF CONDITIONAL USE PERMIT 17-22 FOR THE CONSTRUCTION OF A RESTAURANT WITH DRIVE-THRU AND A MULTI- TENANT RETAIL BUILDING ON A PARCEL CONTAINING APPROXIMATELY 0.67 ACRES LOCATED AT 2855 N. WATERMAN AVENUE WHEREAS, on October 5, 2017, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) and §19.06.030 (2)(H) (Drive-Thru Restaurants) of the City of San Bernardino Development Code, an application for Conditional Use Permit 17-22 was duly submitted by: Property Owner/Applicant: Colton Dynasty Limited Partnership 425 South San Gabriel Boulevard, #700 San Gabriel, CA 91776 Parcel Address: 2855 N. Waterman Avenue APN: 0150-073-21 Lot Area: 0.67 acres WHEREAS, Conditional Use Permit 17-22 is a request to allow the development, establishment and operation of a restaurant with drive-thru containing approximately 2,237 square feet and a multi-tenant retail building containing approximately 2,978 square feet, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.67 acres; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has reviewed Conditional Use Permit 17-22 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of §15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Conditional Use Permit 17-22; and WHEREAS, on February 20, 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 Conditional Use Permit 17-22 and at which meeting the Planning Commission adopted Resolution No. 2018-009 adopting the Categorical Exemption and approving Conditional Use Permit 17-22; and 21.b Packet Pg. 618 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 WHEREAS, on February 28, 2017, pursuant to the requirements of §19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, James L. Mulvihill submitted an application for Appeal No. 18-01 of the Planning Commission’s adoption of the Categorical Exemption and approval of Conditional Use Permit 17-22; and WHEREAS, notice of the April 4, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 18-01 regarding Conditional Use Permit 17-22 was published in The Sun newspaper on March 23, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 of the City of San Bernardino Development Code Chapter; and WHEREAS, on April 4, 2018, by mutual agreement of the parties involved, the public hearing was continued by the Mayor and City Council to the regularly scheduled meeting on May 2, 2018; and WHEREAS, notice of the May 2, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 18-01 regarding Conditional Use Permit 17-22 was published in The Sun newspaper on April 20, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 of the City of San Bernardino Development Code; and WHEREAS, on May 2, 2018, a noticed public hearing was held by the Mayor and City Council to receive testimony on Appeal 18-01 regarding Conditional Use Permit 17-22; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), Chapter 19.36 (Conditional Use Permits) and §19.06.030(2)(H) (Drive-Thru Restaurants) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 18-01 regarding Conditional Use Permit 17-22. 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 – Conditional Use Permit 17-22. Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. Finding of Fact: The proposed project as a restaurant with drive-thru containing approximately 2,237 square feet and a multi-tenant retail building containing approximately 2,978 square feet is a conditionally permitted use, pursuant to Development Code §19.06.030(2)(H) subject to the 21.b Packet Pg. 619 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 approval of a Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The project site is located in the Commercial General (CG-1) Zone and is surrounded by existing commercial and residential uses. The proposed project will comply with all applicable Development Code standards, such as parking, landscaping, building setbacks, height, lot coverage, etc. Further, the development of the subject property will enhance the appearance of the vacant property with construction of the new commercial buildings and associated landscaping and on-site improvements. Therefore, the project would not impair the integrity and character of the subject land use district or be detrimental to the surrounding properties. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: General Plan Land Use Goal 2.4 states: “Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.” General Plan Land Use Policy 2.2.1 states: “Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and regulations in the Development Code and policies and guidelines in the Community Design Element.” General Plan Economic Development Policy 4.1.1 states: “Proactively seek out and retain businesses that create jobs and generate sales tax revenue.” General Plan Community Design Policy 5.7.3 states: “Maintain architectural interest and variety through varied rooflines, building setbacks, and detailed façade treatments and maintain a strong sense of project identity through similarities in façade organization, landscaping, material use, colors, and roof shapes.” The proposed development of a restaurant with drive-thru and multi- tenant retail buildings will expand job opportunities within the City and revitalize an underutilized vacant site. The proposed project will construct two (2) new commercial buildings with quality design elements that will be compatible with other local and regional serving retail, restaurants and related commercial uses that capitalize on the location along a major corridor. Furthermore, the proposed project will provide a contemporary architectural design with horizontal and vertical articulations in order to create relief amongst the buildings. The façades will utilize fluctuating color schemes, decorative mullion framing and tempered glass, foam cornices for roofline treatment, and stucco and stone wainscot finishes creating internal continuity, uniformity, and compatibility with the surrounding area. Additionally, 21.b Packet Pg. 620 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 the development is a permitted use within the Commercial General (CG-1) Zone, subject to the approval of a Conditional Use Permit with appropriate Conditions of Approval and CEQA Determination. Therefore, the proposed project would be compatible with the surrounding land uses and consistent with the General Plan. Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030(6) of the Development Code. Finding of Fact: The project is exempt from environmental review under CEQA §15332 (In-Fill Development Projects), and complies with the requirements of Development Code §19.20.030(6). The project location is an in-fill site located in an urbanized area and is surrounded by existing commercial and residential development. Additionally, the proposed project will be service by a full range of public services and utilities. No environmental impacts are anticipated from the proposed development, establishment and operation of the proposed use. Therefore, approval of the proposed project would not result in any impacts on the environment. Finding No. 4: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored through the imposed Conditions of Approval. Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized. Therefore, no significant negative impacts on the environment are anticipated to result from the restaurant with drive-thru and multi-tenant retail buildings. 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 design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial development with drive-thrus and multi-tenant retail buildings. The proposed buildings will be located along N. Waterman Avenue adjacent to existing commercial and residential uses. Access to the subject property will be through two (2) driveways located along E. Country Club Lane and E. 29th Street. Additionally, the proposed project design will provide a decorative wall and landscaping in order to mitigate noise that may be audible anywhere on adjacent property or 21.b Packet Pg. 621 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 public right-of-way. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. 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. Finding of Fact: The site has direct access from E. Country Club Lane and E. 29th Street. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety. SECTION 4. Compliance with the California Environmental Quality Act. – In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Conditional Use Permit 17-22 and concluded that Conditional Use Permit 17-22 is found to be exempt under §15061(b)(2) (Review for Exemption) of CEQA. Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of projects characterized as in-fill development meeting the conditions contained within §15332 of CEQA. The Planning Division staff has analyzed proposed Conditional Use Permit 17-22 and has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the fact that: 1) the project is consistent the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development is located within the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no additional potential significant environmental impacts that may result from the proposed development, establishment and operation of the proposed use. 21.b Packet Pg. 622 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 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 certifying the City’s compliance with California Environmental Quality Act in adopting the Categorical Exemption. SECTION 5. – Conditions of Approval: Conditional Use Permit 17-22, is hereby approved subject to the following Conditions of Approval: 1. This is an approval to allow the development, establishment and operation of a restaurant with drive-thru containing approximately 2,237 square feet and a multi-tenant retail building containing approximately 2,978 square feet, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.67 acres located at 2855 N. Waterman Avenue within the Commercial General (CG-1) Zone. 2. The project site shall be developed and maintained in accordance with the plans stamped May 2, 2018 (EXHIBIT “A”), approved by the City , which includes a site plan, floor plans, and exterior elevations 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 Conditional Use 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 Conditional Use 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: MAY 2, 2020 4. The review authority may grant a time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 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. 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 Conditional Use Permit, this 21.b Packet Pg. 623 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 condition shall remain in effect if the Conditional Use 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 p.m. and 7:00 a.m. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities may only occur Monday through Saturday. 7. Any proposed perimeter fencing or walls shall be constructed of decorative materials (e.g. slump stone, stucco, or split-face block with cap rock). Both sides of the wall shall have decorative finish. 8. All exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the site, shall be directed downward and away from adjoining properties and shall be energy efficient with the option to lower or reduce usage when the facility is closed. All lighting fixtures shall be decorative and appropriate in scale, intensity, and height to the use. 9. Music and operational noise shall not exceed the standards in §19.20.030 of the Development Code and the City of San Bernardino Municipal Code §8.54 (Noise Control). 10. Noise from the speaker system for the restaurant with drive-thru shall not be audible beyond the property line at any time. The speaker system shall have a volume control feature, and speaker volume shall be reduced during the evening and early-morning hours if necessary. 11. If the color of any of the buildings, walls or fences or other exterior finish material is to be modified, the revised color scheme and/ or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. The project landscape plans shall be prepared in accordance with Development Section 19.28.120, Water Efficient Landscaping Standards. Landscaping shall be provided to buffer and reduce noise impacts on surrounding properties. 13. The windows shall provide an unobstructed view to the inside of the premises at all times. Window signage shall not comprise more than 25% of the window area. 14. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 15. The property owner(s), facility operator and property management shall be responsible for regular maintenance of the 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 within 24 hours of being report of being reported. 21.b Packet Pg. 624 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 16. Signs are not approved as a part of this permit. Prior to establishing any new signs, the applicant shall submit an application and received approval for a Sign Permit from the Planning Division. 17. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. 18. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval, printed on the plan sheets. 19. 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. Building and Safety Division 20. The project will require a formal plan submittal with plans submitted by a professional. 21. The submittal will be governed by the California Building Codes 2016 cycle. 22. The California Green Code is strongly enforced in the City of San Bernardino. 23. A Geotechnical Report will be required per California Building Code Section 1803. 24. A San Bernardino County Fire District submittal will be required. 25. The project will also have to comply with all Municipal Codes set down by the City of San Bernardino. 26. All easements shall be in written form on plans. 27. All ADA requirements set forth by Chapter 11 of the 2016 California Building Code will be maintained. 28. Plans will be approved by all Divisions of the Community Development Department prior to permit issuance. San Bernardino County Consolidated Fire District 29. Shall comply with all current Building, Fire Codes and Fire Department Standards requirements based on occupancy classification. 30. Any changes to this proposal shall require new Fire Department condition letter. 21.b Packet Pg. 625 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 31. Any changes to the approved life safety system shall require plans to be submitted to the FD prior to construction including the following; (Fire Sprinklers, Fire Alarms, Underground water supply for fire protection, Cooking appliances & Hood protections.). 32. Knox Box/Key Box is required, and shall be provided and installed in accordance with CFC & Fire Department Standard. 33. An approved on-site fire protection water system, in accordance with Fire Department Standard is required. The system is required to be in place and serviceable prior to building construction. 34. Provide the following FD notes on the site utility plan: • 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. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. • Paint curbs red, 15’ to either side of fire hydrant and FDC. • Fire Department Connection required within 50 feet of a hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 35. Premise and Building identification and addressing shall be a minimum of 12 inch in height. 36. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing and size. 37. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 38. If a fire suppression system is installed a separate submittal is required. (Hood systems, FM 200) Land Development Division 39. 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. 21.b Packet Pg. 626 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 b. The development is located within Zone X of the Federal Insurance Rate Maps on booklet #06071C7944H with year 08/28/2008. c. 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. d. 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. e. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) is conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments have been provided to the Engineer. f. 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. g. 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. 40. 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. 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 Building Official. c. 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. d. 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. 21.b Packet Pg. 627 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 e. 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. f. 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. g. 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. h. 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. i. 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. j. The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. k. 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: 21.b Packet Pg. 628 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 • 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. l. 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. m. 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. n. A Lot Merger is required for this project. The applicant is directed to the City’s web page at www.sbcity.org– Departments – Public Works – Submittal Requirements for submittal requirements. o. 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. p. 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. q. 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. r. 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. s. No permanent structure shall be constructed within the rear 5’of each lot dedicated as public utilities easement on Tract 3546, M.B. 46/72. 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. 21.b Packet Pg. 629 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e. Utility services shall be placed underground and easements provided as required. f. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 42. 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) Waterman Avenue 55 (Existing) (Existing) Country Club Lane 30 (5’ Dedication Required) 20 (Proposed) 29th Street 30 (Existing) Existing b. Waterman Avenue i. 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. ii. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. iii. Install one (1) LED Street Lights adjacent to the site 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. iv. Waterman Avenue shall have a 0.20 foot grind and asphalt concrete overlay to the centerline of the project site frontage. 21.b Packet Pg. 630 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 c. Country Club Lane i. 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. ii. Re-Construct Driveway Approaches per City Standard No. 204, Type II, to include an accessible by-pass around the top of the drive approach. iii. Country Club Lane shall have a 0.20 foot grind and asphalt concrete overlay to the centerline of the project site frontage. iv. If the existing curb ramp at the Northeast corner of Country Club Lane and Waterman Avenue does not meet current accessibility standard, the curb ramp shall be reconstructed/upgraded to meet current Caltrans or Green Book Standards. Dedicate sufficient right-of-way at the corner to accommodate the ramp. d. 29th Street i. 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. ii. Re-Construct Driveway Approaches per City Standard No. 204, Type II, to include an accessible by-pass around the top of the drive approach. iii. Construct accessible curb ramps at the Southeast Corner of 29th Street and Waterman Avenue in accordance to Caltrans or Green Book Standards to comply with current ADA accessibility requirement. Dedicate sufficient right-of-way at the corner to accommodate the ramp. e. 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. Public facilities shall be restored or constructed back to Public Works Department satisfaction. f. 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. 21.b Packet Pg. 631 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 43. 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),  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 also available at no charge at the Public Works Web Site at http://www.sbcity.org 44. 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. 21.b Packet Pg. 632 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 45. 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 the Public Works Counter and at http://www.sbcity.org 46. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer and CalTrans’ requirements prior to Street Improvement plan approval. b. In addition to all Traffic mitigation measures required by the City Traffic Engineer and CalTrans, the following mitigation measures shall be implemented prior to Street Improvement plan approval: i. Sidewalk barriers such as a gate with a sign to prevent crossing at E. 29th Street and Country Club Lane on N. Waterman Avenue. ii. Crosshatching on E. 29th Street with a “Keep Clear” zone at N. Waterman Avenue intersection. iii. Left-hand turn lane pocket/arrow going southbound on N. Waterman Avenue onto Country Club Lane. Public Works Department Integrated Waste Management 47. During the demolition/construction developer and contractor to use services through the City of San Bernardino’s exclusive franchised hauler Burrtec Waster Industries. 48. The proposed refuse enclosure location for the restaurant is acceptable. 49. If possible shift retail building refuse enclosure away from drive-thru entrance. 50. Construct Standard Plan 508 refuse enclosures with 8’X15’ interior dimensions for bin storage. 51. Work with the Building Division to modify the refuse enclosures to meet ADA Access requirements. ADA access requirements are in addition to the 8’X15’ interior dimensions for bin storage. 52. If gated, provide access by means of a gate key, code, or remote. 53. Assembly Bill 341 Mandatory Commercial Recycling may apply. 54. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. 21.b Packet Pg. 633 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 55. Upon completion, service is provided through the City of San Bernardino’s exclusive franchised hauler Burttec Waste Industries. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 21.b Packet Pg. 634 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 18-01, THEREBY UPHOLDING THE PLANNING COMMISSION’S ADOPTION OF THE CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT 17-22 FOR THE CONSTRUCTION OF A RESTAURANT WITH DRIVE-THRU AND A MULTI- TENANT RETAIL BUILDING ON A PARCEL CONTAINING APPROXIMATELY 0.67 ACRES LOCATED AT 2855 N. WATERMAN AVENUE 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: ___________________________________ 21.b Packet Pg. 635 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- 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 EXHIBIT A APPROVED PLANS 21.b Packet Pg. 636 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive- WATERMAN AVENUE 1 2 3 4 7 5 6 RETAIL TENANTS PROPOSED COWBOY JR. PROPOSED COSTA MESA, CA 92626JDA ASSOCIATES, INC.JDASUITE A-2032900 BRISTOL STREETjohn@defrenza.comMOBILE: 714.878.0556TEL: 949.261.8805E-MAIL:21.cPacket Pg. 637Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) PRELIMINARY GRADING & BMP SITE PLAN DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING CITY OF SAN BERNARDINO FOR LN CIVIL ENGINEERS, INC. O Exp. 6-30-2017 TTA ES NROFACLIF AINo. 46771 R EETGN GSILORPDE REFO M NGY U NEIENLAOINSSE NG ER. VIC I L 1 1 WATERMAN AVENUE N/ALCLC29 TH STREETCOUNTRY CLUB LANESECTION A-A RETAILSPROPOSED COWBOY JR. PROPOSED 1 REQUIRED DCV = 2,315 CF < 2,375 CF OK FROM STONE BASE TOTAL STORAGE VOLUME = 2,375 CF USE 12 CHAMBERS (MC-3500) AND 6 END CAPS STORMTECH STORMTECH ISOLATOR™ ROW PROFILE VIEW DETAIL NOT TO SCALE ADS GEOSYNTHETICS 601T NON-WOVEN GEOTEXTILE TOP CHAMBER ELEV. = 1240.48 STONE (NO COMPACTION REQUIRED) 3/4 " TO 2 " CLEAN, CRUSHED, ANGULARVARIES FROM 2.6' TO 3.2'12" MIN. THICK STONE BASE ENDCAP USE ADS GEOSYNTHETICS 601T NON-WOVEN GEOTEXTILE IF UNDER PCC PAVEMENT OR DIRT AC PAVEMENT TO PREVENT UPLIFTING WATER TWO LAYERS OF ADS GEOSYNTHETICS 315WTM WOVEN GEOTEXTILE BETWEEN FOUNDATION STONE AND CHAMBERS 8.25' MIN WIDE CONTINUOUS FABRIC WITHOUT SEAMS MC-3500 BOTTOM CHAMBER ELEV. = +1236.73 USE ADS GEOSYNTHETICS 315WTM WOVEN IF UNDER PRECAST MANHOLE 2' MIN.SUMP(3 TOTAL AT BOTTOM MANHOLE) 6" THICK 3/4 - 2 INCH WASHED CRUSHED ANGULAR STONE. GRATING COVER 36"5" 4" DIA. DRAIN HOLES 24" HIGH BASE WITH 6" THICK FLAT SLAB 24" HIGH RING RISER 2"2"6"MANHOLE PER JENSEN PRECAST OR APPROVED EQUIVALENT (CONFORM ASTM C-478 & AASHTO M199-93)8'2'14" WIDE INJECTION MOLDED COPOLYMER POLYPROPYLENE MANHOLE STEPS (SPACE 15" O.C) MANHOLE FLOOR 2' RIPRAP 12" BY-PASS PIPE TO OUTTER ROW INVERT INLET = 1238.93 24" (HDPE ACCESS PIPE) USE FACTORY PRE-CORED END CAP (PART #: MC3500IEPP24BC) COVER PIPE CONNECTION TO END CAP WITH ADS GEOSYNTHETICS 601T NON-WOVEN GEOTEXTILEELEV. = 1234.90 INSPECTION PORT 12" NYLOPLAST INLINE DRAIN BODY (PART# 2712AG06N) WITH HINGED SOLID COVER (PART # 1299CGC)(NO COMPACTION REQUIRED) CRUSHED, ANGULAR STONES 12" MIN. THICK 3/4" TO 2" CLEAN, 6" ADS N-12 HDPE PIPE 6" INSERTA TEE (PART # 06N12ST35IP) INSERTA TEE TO BE CENTERED ON CORRUGATION CREST ADS FLEXSTORM PURE FILTER INSERT WITH 12" STONE BASE @ 5.33' DEPTH OF WATER ELEV. = 1242.90 2' RIPRAP 2" TO 3" ROCK SIZE 6" THICK RIP RAP 4"WATER LEVEL ELEV. = 1243.10 4:1 MAX . AC PAVEMENT BEFORE OVERFLOW INV. ELEV. 1243.10 8" THICK CONC. COLLAR 3'Ø 21.cPacket Pg. 638Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) 21.cPacket Pg. 639Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) 21.cPacket Pg. 640Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) November 14th, 2016john@defrenza.comTEL: 949.261.8805FAX: 949.261.8053COSTA MESA, CA 92626JDAJOHN DE FRENZA ARCHITECTSUITE a 2032900 Bristol St.E-MAIL:PH. (951) 640-3708ATTN: Allan Steward, Sr.Rosemead, CARialto Dynasty Partners, LLPSan-Bernardino, CaliforniaAPPLICANT:PLAN PREPARED BY:29th & Waterman21.cPacket Pg. 641Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) 21.cPacket Pg. 642Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) 21.cPacket Pg. 643Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) NEWPORT BEACH, CA 9266O JOHN DE FRENZA ARCHITECT JDA SUITE 210 20311 SW BIRCH ST. john@defrenza.com FAX: 949.261.8053 TEL: 949.261.8805 E-MAIL:21.cPacket Pg. 644Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A1.Resolution Exhibit A (Plans) (5505 : Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue) 21.dPacket Pg. 645Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 646Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 647Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 648Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 649Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 650Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 651Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 652Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 653Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 654Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 655Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 656Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 657Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 658Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 659Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 660Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 661Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.dPacket Pg. 662Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : Appeal 18-01 of Conditional Use Permit 17-22 21.dPacket Pg. 663Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 664Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 665Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 666Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 667Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 668Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.dPacket Pg. 669Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A2.PC Resolution 2018-009 (5505 : 21.e Packet Pg. 670 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A3.Appeal 18-01 Application (5505 : Appeal 18-01 of Conditional Use Permit 17- 21.e Packet Pg. 671 Attachment: CD.Appeal 18-01 Waterman Drive-Thru Restaurant.A3.Appeal 18-01 Application (5505 : Appeal 18-01 of Conditional Use Permit 17- Quasi-Judicial Hearing City of San Bernardino Request for Council Action Date: May 2, 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 May 16, 2018. Background At the Mayor and City Council meeting on April 18, 2018, the motion was approved to continue the hearing to May 2, 2018. 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 May 16, 2018. Attachments None. 22.a Packet Pg. 672 Attachment: Attorney.Appeal of Pepes Tow.report cont item to 5-16-18 (5504 : Appeal of Denial of Tow Carrier—Pepe’s Towing)