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05-16-2018 Agenda Backup
CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 16, 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 may email 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 public or 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 16, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/11/2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez Council Member, Ward 2 Benito Barrios Council Member, Ward 3 John Valdivia Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor R. Carey Davis City Clerk Georgeann "Gigi" Hanna City Attorney Gary D. Saenz City Manager Andrea M. Miller CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12 -bk-28006 MJ City of San Bernardino v. Gaelle II, LLC, et al., San Bernardino County Superior Court Case No. CIVDS1515883 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City of San Bernardino as Successor Agency v. Los Angeles Engineering, Inc. City of San Bernardino v. Route 66 Truck Terminal LLC City of San Bernardino v. Arturo Salgado City of San Bernardino v. Jennifer Dardashti City of San Bernardino v. Se Hoon Park and Dong Bae Park City of San Bernardino v. Anza Butterfield Road 34 LLC Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/11/2018 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property: 27 parcels of vacant real property, equaling approximately 6.56 acres, generally located along 5th Street between “H” and “F” Streets (APNs 0134-053-20-23, 25 &26; 0134-054- 07-09 and 24-26; 0134-061-21, 22, 25 &30; 0134-093-05-09; 0134-101-02-06 & 28) Negotiators: Andrea M. Miller, City Manager ICO Real Estate Group Under Negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENT 1. Arts and Historical Preservation Commission Appointment Recommendation: Approve the appointment of Mrs. Dorothy J. Garcia to the Arts and Historical Preservation Commission. PRESENTATIONS 2. Issuance of Proclamation(s) – Mayor R. Carey Davis: Proclaim May 28, 2018 to June 1, 2018 as Law Enforcement Week – San Bernardino Chamber of Commerce 3. Mt. Vernon & University Parkway by the San Bernardino County Transportation Authority 4. Student of the Month – Hazael Perez Carellos – Council Member Benito Barrios 5. Chamber of Commerce & Local Elected Officials Announcements Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/11/2018 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. 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. 6. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated May 16, 2018. 7. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for April 2018. 8. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of May 2, 2018. 9. Establishing the Monthly Rental Fee for Implementation of Small Cell Communication Equipment on City Property Recommendation: Adopt Resolution No. 2018-131, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the monthly rental fee for implementation of small cell communication equipment on City property. 10. Authorization to Purchase Data Center Backup Hardware from Connections in an Amount Not to Exceed $178,000 Recommendation: Adopt Resolution No. 2018-132, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the purchase of data backup hardware from GovConnection, Inc., d.b.a. Connection in an amount not to exceed $178,000. Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/11/2018 11. Final Reading – Development Code Amendment 17-03 Recommendation: Adopt 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). 12. Final Reading – Development Code Amendment 17-08 Recommendation: Adopt 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 from Office Industrial Park (OIP) to Industrial Light (IL). 13. Approval for the Destruction of Certain Obsolete Professional Standards and Training Bureau Files by the San Bernardino Police Department Recommendation: Adopt Resolution No. 2018-133, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of obsolete professional standards and training bureau files by the San Bernardino Police Department. 14. Approval for the Destruction of Obsolete Parking Citation Files by the San Bernardino Police Department Recommendation: Adopt Resolution No. 2018-134, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of obsolete parking citation files by the San Bernardino Police Department. 15. Establish a Basic Compensation Plan for Temporary/Part-Time and Seasonal Employees of the City of San Bernardino; and Repeal Resolution Nos. 2017-057 and 2018-061 Recommendation: Adopt Resolution No. 2018-135, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for temporary/part-time and seasonal employees of the City of San Bernardino and repealing Resolution Nos. 2017-057 and 2018-061. Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/11/2018 16. Amendment Number One to Agreement with HdL for the Cannabis Management Program Recommendation: Adopt Resolution No. 2018-136, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to the Consulting Services Agreement with Hinderliter, de Llamas and Associates (HdL) to increase the total amount not to exceed $119,249, add additional services, and extend the term of the agreement to December 31, 2019, for the Commercial Cannabis Management Program. 17. Agreement with the San Bernardino International Airport Authority Recommendation: Adopt Resolution No. 2018-137, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services. 18. BNSF Agreement related to the Mount Vernon Avenue Viaduct Replacement Project over the BNSF Railway Intermodal Yard Recommendation: Adopt Resolution No. 2018-138, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving BNSF Agreement No. BF-10011068 (SBCTA Contract No. 17-1001621) related to the Mount Vernon Avenue Viaduct Replacement Project over the BNSF Railway Intermodal Yard (SS04-012) by and among BNSF Railway Company, a Delaware corporation, the City of San Bernardino, a Charter City and Municipal Corporation under the Constitution and laws of the State of California, and the San Bernardino County Transportation Authority. 19. Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the replacement of 2nd Street Bridge at Warm Creek Recommendation: Adopt Resolution No. 2018-139, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the replacement of the 2nd Street Bridge at Warm Creek. Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/11/2018 20. Issuance of a Purchase Order to Fairview Ford for the purchase of four (4) 2019 Ford F Series Super Duty F-250 4X2 Trucks Recommendation: Adopt Resolution No. 2018-140, 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 Fairview Ford in the amount of $108,022.04 for the purchase of four (4) New 2019 Ford F-Series Super Duty F-250 4X2 service trucks. 21. San Bernardino County Fire Protection District – Fire Training Exercise and Prescribed Burn on City Owned Property located on Little Mountain Drive Recommendation: Adopt Resolution No. 2018-141, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the San Bernardino County Fire Protection District to conduct a live fire training exercise and prescribed burn on City-owned property located along North Little Mountain Drive. 22. Approval of Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, Inc. Terminating the Lease Recommendation: Adopt Resolution No. 2018-142, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Fifth Amendment to the Use Lease and Agreement with J.G. Golfing Enterprises, Inc., terminating the Lease. 23. SB 1 Road Maintenance and Rehabilitation Account Funding Recommendation: Adopt Resolution No. 2018-143, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding. STAFF REPORTS 24. San Bernardino Hometown Heroes Military Banner Sub-Committee Update Recommendation: Receive a report on the San Bernardino Hometown Heroes Military Banner City Council Sub-Committee by Council Member Virginia Marquez, Sub-Committee Chair, and review, discuss and provide direction related to relocating the 12th Military Banner Unveiling to Inland Valley Development Agency. Joint Regular Meeting Agenda May 16, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/11/2018 25. Legislative Action Day 2018 – April 18, 2018 Recommendation: Receive an oral report by Council Member Nickel. 26. Verdemont Community Center Recommendation: Receive additional information related to the Verdemont Community Center project as requested by the Mayor and City Council at the April 4, 2018 Council meeting and direct staff on next steps for disposition of the Verdemont Community Center. QUASI-JUDICIAL HEARING 27. Continue Public Hearing - Appeal of Pepe’s Towing Recommendation: By mutual agreement of the parties, continue to June 6, 2018. 28. 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, June 6, 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 16, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/11/2018 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 16, 2018 regular meeting of th e 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, May 11, 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. Appointment City of San Bernardino Request for Council Action Date: May 16, 2018 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member Fourth Ward By: Renee Brizuela, Administrative Assistant to City Council Subject: Arts and Historical Preservation Commission Appointment Recommendation Approve the appointment of Mrs. Dorothy J. Garcia to the Arts and Historical Preservation Commission. Background The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi-media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of 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. 2018-2019 Goals and Objectives The proposed commission appointment aligns 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 appointment of Mrs. Dorothy J. Garcia to the Arts and Historical Preservation Commission. 1.a Packet Pg. 10 Attachment: Council.Commission Appointment - Dorothy J. Garcia (5523 : Arts and Historical Preservation Commission Appointment) Fiscal Impact None Attachments Attachment 1 – Commission application – Mrs. Dorothy J. Garcia 1.a Packet Pg. 11 Attachment: Council.Commission Appointment - Dorothy J. Garcia (5523 : Arts and Historical Preservation Commission Appointment) 1.b Packet Pg. 12 Attachment: Council.Commission Application-Dorothy Garcia_Redacted (5523 : Arts and Historical Preservation Commission Appointment) 1.b Packet Pg. 13 Attachment: Council.Commission Application-Dorothy Garcia_Redacted (5523 : Arts and Historical Preservation Commission Appointment) 1.b Packet Pg. 14 Attachment: Council.Commission Application-Dorothy Garcia_Redacted (5523 : Arts and Historical Preservation Commission Appointment) Consent Calendar City of San Bernardino Request for Council Action \ Date: May 16, 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 16, 2018. 6.a Packet Pg. 15 Attachment: Waive Reading.Report_May 16 (5524 : Waive Full Reading of Resolutions and Ordinances) 7.a Packet Pg. 16 Attachment: FN-Commercial Checks Payroll Report May 16, 2018 (5525 : City Council Approval of Commercial and Payroll Checks) Mayor and 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 #53 Attachment 2 – Commercial checks for Register #54 Attachment 3 – Payroll checks for April 19, 2018 Ward: Synopsis of Previous Council Actions: 7.a Packet Pg. 17 Attachment: FN-Commercial Checks Payroll Report May 16, 2018 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 18Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 19Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 20Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 21Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 22Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 23Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 24Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 25Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 26Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 27Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 28Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 29Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 30Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 31Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 32Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 33Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 34Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 35Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 36Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 37Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 38Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 39Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.bPacket Pg. 40Attachment: FN-Commercial Checks & Payroll. Register #53 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 41Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 42Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 43Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 44Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 45Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 46Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 47Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 48Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 49Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 50Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 51Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 52Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 53Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 54Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 55Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 56Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 57Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 58Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 59Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 60Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 61Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 62Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 63Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 64Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 65Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 66Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 67Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 68Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 69Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 70Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 71Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 72Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 73Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.cPacket Pg. 74Attachment: FN-Commercial Checks & Payroll. Register #54 (5525 : City Council Approval of Commercial and Payroll Checks) 7.d Packet Pg. 75 Attachment: FN-Payroll Summary Reports (5525 : City Council Approval of Commercial and Payroll Checks) Consent Calendar City of San Bernardino Request for Council Action \ Date: May 16, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Draft Minutes Recommendation Approve the minutes of the Mayor and City Council Regular Meeting of May 2, 2018. 8.a Packet Pg. 76 Attachment: Minutes_May 16 (5526 : 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 5/2/2018 DRAFT MINUTES FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 2, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, May 2, 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 4:11 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 Absent 4:00 PM Andrea M. Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard James Mulvihill 8.b Packet Pg. 77 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/2/2018 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 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, Sa n Bernardino County Superior Court Case No. CIVDS1712424 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 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 The invocation was given by San Bernardino Police Department Chaplain Russel Fritz. The Pledge of Allegiance was led by Wayne Anderson, a 4th grade student at Captain Leland F. Norton Elementary School. CLOSED SESSION REPORT Assistant City Attorney Jolena Grider announced that in the matters of: Bubba Likes Tortillas, LLC v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1806921; 8.b Packet Pg. 78 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/2/2018 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; and Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 The City Council approved an increase in attorney fees by $50,000 by a vote of 6-0, with Council Member Valdivia abstaining. In the matters of: People of the State of California, et al., v. MJ, Inc., et al., San Bernardino County Superior Court Case No. CIVDS1516186 The City Council gave negotiation settlement directive by a vote of 7-0. 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 The City Council gave negotiation directive by consensus. APPOINTMENTS 1. Elected Official Compensation Commission Appointments Approved Motion: 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. 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 Presentations 2. Student of the Month – Hazael Perez Carellos – Council Member Benito Barrios This item will be taken next month. 8.b Packet Pg. 79 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/2/2018 3. Citizen of the Month – Art Davis – Council Member John Valdivia Council Member Valdivia presented a certificate to Art Davis for his work in the community. Mr. Davis also received certificates from the offices of Mike Morell and Assemblywoman Eloise Reyes. 4. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave the announcements of upcoming Chamber of Commerce events, including the 42nd annual Law Enforcement Recognition Dinner to be held on May 31st at the Scottish Rite Temple. Darrell Frye, representative of Assemblywoman Reyes’ office announced that the Assemblywoman would be hosting a mental health conference May 19th at the SAC Health Clinic. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Laurren Kennedy, San Bernardino, spoke about the third party processor that the city uses to handle claims denying two of his claims for damage from potholes to two different cars because he had not reported the pothole existed prior to hitting them. Ravena Yanovsky, San Bernardino, spoke about what she called an unacceptable closure of cannabis facilities that prevents her access to needed medication. Brandon Carter said he represents youth in San Bernardino and said there are no prominent attractive businesses in the City because the City makes it difficult to open a business. He asked for the opportunity to help develop the community. James Tillman, San Bernardino, announced a block party on May 11th at San Bernardino Valley College. Robert Porter, San Bernardino, questioned the process for selecting the auto vendor in Item 11 and announced that he release d his new book about the legend of the Arrowhead. CONSENT CALENDAR Council Member Nickel pulled Items 10 and 12 for further discussion. The remaining items were voted on in a single vote. 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 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated May 2, 2018. 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 8.b Packet Pg. 80 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/2/2018 6. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for April 2018. 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 7. City Council Approval of Draft Minutes Approved Motion: 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. 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 8. Joint Use Agreement with San Bernardino Valley Municipal Water District for the Foothill Pipeline Relocation Approved Motion: Adopt the resolution. Reso. 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. 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 9. Approving the Destruction of Certain Obsolete Liability Claims by the Human Resources Department Approved Motion: Adopt the resolution. Reso. 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. 8.b Packet Pg. 81 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/2/2018 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 10. Center for Employment Opportunities Agreement Approved Motion: Adopt the resolution. Reso. 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. 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 11. Issuance of a Purchase Order to National Auto Fleet Group for Ford Super Duty F-250 Trucks Speaker Robert Porter Approved Motion: Adopt the resolution. Reso. 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. 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 12. Joint Use Agreement with Southern California Edison for Waterman Industrial Center South of Dumas Street Approved Motion: Adopt the resolution. 8.b Packet Pg. 82 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/2/2018 Reso. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Final Reading – Development Code 18-01 Veterinary Services Approved Motion: Accept for final reading and adopt the ordinance. 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. 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 14. First Amendment to the Agreement with the State of California, Office of Administrative Hearings for Hearing Officer Services Approved Motion: Adopt the resolution. Reso. 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 Purchase Order for a total amount not to exceed$195,710. 8.b Packet Pg. 83 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/2/2018 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 15. Continue Report on Verdemont Community Center Approved Motion: Continue the Verdemont Community Center report to May 16, 2018. 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 STAFF REPORTS 16. Audited Financial Statements for Fiscal Year 2017 This was a receive and file item. No vote was taken. 17. Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle License Fee Swap Agreement Approved Motion: Adopt the resolution. Reso. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Police Department Crime Analysis Response Times and Department Calls for Service This was a receive and file item. No vote was taken. Council Member Valdivia left the meeting at 8:15p.m. 8.b Packet Pg. 84 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/2/2018 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 Items 19 and 20 were taken together and voted on in a single vote. Ap proved Motion: Introduce 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); Schedule the final reading of MC-1493 for May 16, 2018; and Adopt the resolution. Reso. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 20. Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 Speaker Thomas Ruiz 8.b Packet Pg. 85 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/2/2018 Approved Motion: Introduce 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); Schedule the final reading of MC-1494 for May 16, 2018; and Adopt the resolution. Reso. 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- 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia Quasi-Judicial Hearings 21. Appeal 18-01 of Conditional Use Permit 17-22 – Drive-Thru Restaurant - 2855 N. Waterman Avenue Council Members Marquez and Shorett, and Mayor Davis announced prior to the hearing that they had discussed this issue with the appellant, Council Member Mulvihill. Council Member Mulvihill left the dais prior to consideration of the matter. The City Clerk swore in those members of the audience who were there to testify on the matter. Speakers James Mulvihill, appellant James Penman, representing applicant John DeFrenza, applicant Giancarlo Ganddini, applicant’s consultant Margaret Cisneros Sandy Parada 8.b Packet Pg. 86 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes May 2, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/2/2018 Approved Motion: Deny the appeal and adopt the resolution. Reso. 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. RESULT: ADOPTED [4-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Barrios, Shorett, Nickel, Richard NOES: Marquez ABSENT: Valdivia ABSTAIN: Mulvihill 22. Appeal of Denial of Tow Carrier—Pepe’s Towing Approved Motion: Continue to May 16, 2018. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard ABSENT: Valdivia 23. ADJOURNMENT The meeting adjourned at 10:42 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, 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. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 8.b Packet Pg. 87 Attachment: 05-02-18_Jt_Reg_draft (5526 : City Council Approval of Draft Minutes) 9.a Packet Pg. 88 Attachment: IT.Small cell rental fee-staff report (5527 : Establishing the Monthly Rental Fee for Implementation of Small Cell Communication The recommended rate would be the same for all sites. In the future, the City could opt to set a tiered rate with a higher fee for premium locations. At this time, there is not enough information available regarding vendors interested in our market to determine what location would warrant the premium fee or what would be the appropriate tiered fee. The City has the option to modify the monthly rental fee or the structure of the fees at a future time. However, any agreements established on the $180 fee (with escalations) would remain at that rate for the life of that agreement. The initial agreement for a sublicense on a particular site is for 10 years. The agreements then have 5 year automatic renewals. 2018-2019 Goals and Objectives The proposed rental fee supports Goal No 6: Operate in a Fiscally Responsible and Business-Like Manner. The small cell equipment rental fees will generate ongoing revenue to the City. Fiscal Impact The revenue to the City from this program is unknown. There is an estimate of 200 to 300 sites that could be installed in the City over a number of years. Currently the City is reviewing 20 applications for possible sites. As an example, these 20 sites could provide $43,200 of annual revenue of which the City would receive $28,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution, approving the monthly rental fee of $180 for implementation of small cell communications equipment on city property. Attachments Attachment 1 – Resolution Attachment 2 – Agreement with Five Bars LLC dated August 30, 2017 Ward: N/A Synopsis of Previous Council Actions: None 9.a Packet Pg. 89 Attachment: IT.Small cell rental fee-staff report (5527 : Establishing the Monthly Rental Fee for Implementation of Small Cell Communication 1 2 3 4 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.2018-131 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MONTHLY RENTAL FEE FOR IMPLEMENTATION OF SMALL CELL COMMUNICATION EQUIPMENT ON CITY PROPERTY WHEREAS, on August 16, 2017, the Mayor and City Council directed the City Manager to enter into a marketing agreement Five Bars LLC; and WHEREAS, in order to implement the small cell facility rental program it is necessary to set a rental fee; and WHEREAS, staff has conducted research to determine the appropriate amount to set the fee. 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 do hereby establish the monthly rental fee for the implementation of small cell telecommunications equipment on City property as follows: A. The monthly fee is set at $180 per month per installation. B. The monthly fee will be increased by 3% on January 1st of each year starting in 2019 for up to 10 years. /// /// /// /// /// /// /// /// 1 9.b Packet Pg. 90 Attachment: IT.Small cell rental fee-resolution-revised2 (5527 : Establishing the Monthly Rental Fee for Implementation of Small Cell 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MONTHLY RENTAL FEE FOR IMPLEMENTATION OF SMALL CELL COMMUNICATION EQUIPMENT ON CITY PROPERTY 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. 91 Attachment: IT.Small cell rental fee-resolution-revised2 (5527 : Establishing the Monthly Rental Fee for Implementation of Small Cell 9.c Packet Pg. 92 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 93 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 94 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 95 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 96 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 97 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 98 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 99 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 100 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 101 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 102 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 103 Attachment: IT.Small Cell rental 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SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 110 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 111 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 112 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 113 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 114 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 115 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 116 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 117 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 118 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 119 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 120 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 121 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c Packet Pg. 122 Attachment: IT.Small Cell rental fee. 8-30-17 Agreement Attch 2 to SR (5527 : Establishing the Monthly Rental Fee for Implementation of Small 9.c ii. Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Contractor's insurance and shall not contribute to it. iii. Severability of Interest. The policy or policies must be endorsed to provide that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and shall provide cross -liability coverage. c. Worker's Compensation Insurance Endorsements: i. Waiver of Subrogation. The Worker's Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. ii. Reservation of Rights. City reserves the right, from time to time, to review Contractor's insurance coverage, limits, deductible, and self -insured retentions to determine if they are acceptable to City. City will reimburse Contractor for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. 8. Additional Insurance. Contractor may obtain additional insurance not required by this Agreement 9. Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. EXHIBIT C -3- Packet Pg. 123 10.a Consent Calendar City of San Bernardino Request for Council Action Date: May 16, 2018 To: Honorable Mayor and City Council Meyers From: Andrea M. Miller, City Manager By: Mitch Cochran, Directorof Information Technology Subject: Authorization to Purchase Data Center Backup Hardware from Connections in an Amount Not to Exceed $178,000 Recommendation Adopt Resolution No. 2018-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the purchase of data backup hardware from GovConnection, Inc., d.b.a. Connection, in an amount not to exceed $178,000. Background The City currently has data centers at City Hall and at the Police Department. Each of the existing data centers have systems that allow for nightly backup of the City's servers. The backup systems keep a local copy of the data on a storage device but also create a backup tape for off -site storage. The off -site storage allows for the recovery of data in case the data center was unusable due to an emergency or disaster. The tapes are picked up by Iron Mountain, which transports them to their secure storage. The City recently purchased new Hyper -Converged servers for both the City Hall and Police data centers. The new technology provides increased computing capacity and storage which exceeds the current backup system capabilities. Once the new computing architecture was selected the City initiated a Request for Proposal (RFP) for a new backup system. Discussion The RFP for new backup hardware was sent to six vendors. Two vendors responded to the RFP. Staff worked with each vendor to ensure that their solution was compatible with the City standard backup software, CommVault. The adjusted quotes from each vendor include a local backup system, tape drives and required servers for each of the City Hall and Police Department data centers. Packet Pg. 124 10.a VENDOR PRODUCT QUOTED AMOUNT Connections Data Domain Storage $162,780 Dell Tape Drives Dell Servers Federal Edge Exagrid Tape Backup $211,636 Quantum Tape Drives Dell Servers Federal Edge provided a solution with 42 Terabytes as compared to the Connections solution with 32 Terabytes. The additional space is desirable but is not warranted at this time. The Connections solution can have additional space added in the future. Each solution also provided for the capability to have backup stored in the cloud rather than on tapes. The City plans to take advantage of the cloud option in the future. The solution provides for a five year warranty for all of the equipment. 2018-2019 Goals and Objectives The proposed system supports Goal No 6: Operate in a Fiscally Responsible and Business -Like Manner. A backup solution is necessary to protect the City computing environment from both natural and man-made disasters. Fiscal Impact Funds have been budgeted in the Information Technology Department for the replacement of the backup systems in the existing FY 2017/18 budget. The funds will be expended in FY 2017/18. The expected cost is $162,780. Staff is requesting an authorization limit of $178,000 which includes a 10% contingency amount. Conclusion It is recommended that the Mayor and City Council adopt the Resolution authorizing the purchase of hardware. Attachments Attachment 1 — Resolution; Exhibits A and B Ward: N/A Synopsis of Previous Council Actions None. Packet Pg. 125 I 10.b I 1 2 3 4 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.2018-132 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF DATA BACKUP HARDWARE FROM GOVCONNECTION, INC. DBA CONNECTION IN AN AMOUNT NOT TO EXCEED $178,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The purchase of the data backup hardware from GovConnection, Inc., dba Connection as described in Sales Quotes #24578121.02 and #24570343.03 attached hereto as Exhibits A and B respectively, and incorporated herein by this reference, in an amount not to exceed $178,000.00 which includes the total quoted price of $162,781.15 plus a $15,218.85 (9.35%) contingency is hereby authorized. SECTION 2. The City Manager is further authorized to execute any other documents necessary to purchase the above referenced data backup hardware so long as such other documents are approved as to form by the City Attorney. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order to GovConnection, Inc., dba Connection, in an amount not to exceed $178,000.00 which includes the total quoted price of $162,781.15 plus a $15,218.85 (9.35%) contingency. The Purchase Order shall reference this Resolution, state that it is for data backup hardware, and incorporate the terms and conditions of the exhibits attached to this Resolution. SECTION 4. The authorization to purchase the data backup hardware, issue the purchase order, and execute any other documents necessary to purchase the data backup hardware is valid for sixty (60) days from the passage of this Resolution. 1 Packet Pg. 126 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 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF DATA BACKUP HARDWARE FROM GOVCONNECTION, INC. DBA CONNECTION IN AN AMOUNT NOT TO EXCEED $178,000. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this ________ day of ______________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 2 10.b Packet Pg. 127 Attachment: IT.Purchase of Data Backup System - Resolution (5529 : Authorization to Purchase Data Center Backup Hardware from ORDERING INFORMATION GovConnection, Inc. DBA Connection Please contact your account manager with any questions. Ordering Address GovConnection, Inc. 732 Milford Road Merrimack, NH 03054 Remittance Address GovConnection, Inc. Box 536477 Pittsburgh, PA 15253-5906 Please reference the Contract # on all purchase orders. TERMS & CONDITIONS Payment Terms: NET 30 (subject to approved credit) FOB Point: DESTINATION (within Continental US) Maximum Order Limitation: NONE FEIN: 52-1837891 DUNS Number: 80-967-8782 CEC: 80-068888K Cage Code: OGTJ3 Business Size: LARGE Erate Spin Number: 143026005 WARRANTY: Manufacturer’s Standard Commercial Warranty NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA). Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe import ant legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre - negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Please refer to our Quote Number in your order. If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to: SLEDOPS@connection.com QUESTIONS: Call 800-800-0019 FAX: 603.683.0374 10.c Packet Pg. 128 Attachment: IT.Purchase of data backup system - appendix A (5529 : Authorization to Purchase Data Center Backup Hardware from Account Executive:Joseph Rozmiarek Phone:(800) 800-0019 ext. 75559 Fax:(603) 683-0547 Email:joe.rozmiarek@connection.com Date:4/30/2018 Valid Through:5/30/2018 Account Manager:Account #:S04834 Phone: Fax: Email: Customer Contact:Mitch Cochran Phone:(909) 384-5947 x3017 Email:cochran_mi@sbcity.org Fax: DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID# Destination Small Pkg Ground Service Level .00 lbs NET 30 *Line #Qty Item #Mfg. Part #Description Mfg.Price Ext 1 2 3000024144187 Dell TL2000 2 LTO7 Drives, 24 slot, SAS12, 5 year NBD Warranty, ProDeploy Plus Install, 40 LTO7 Tapes, 1 cleaing tape, ProDeploy Training Credits 18,226.05$ 36,452.10$ 2 0 3000024144188 OPTIONAL: Dell TL4000 2 LTO7 Drives plus 2 empty Drive Slots, 48 slot, SAS12, 5 year NBD Warranty, ProDeploy Plus Install, 40 LTO7 Tapes, 1 cleaning tape, ProDeploy Training Credits 23,335.43$ -$ 3 2 3000024144189 LTO, Tape, Cleaning Media, Customer Install 63.29$ 126.58$ 4 Below is replacement option -$ 5 1 Data Domain without Cloud 77,433.02$ 77,433.02$ Subtotal 114,011.70$ Fee 0.00$ Shipping and Handling 0.00$ Tax 9,120.94$ Total 123,132.64$ CITY OF SAN BERNARDINO INFORMATION SYSTEMS QUOTE PROVIDED TO:SHIP TO: AB#: 14808932 AB#: 14680677 CITY OF SAN BERNARDINO 290 N D ST MITCH COCHRAN INFO SYSTEMS - CITY HALL SAN BERNARDINO, CA 92418 290 N D ST SALES QUOTE GovConnection, Inc.# 24570343.03 7503 Standish Place PLEASE REFER TO THE ABOVE QUOTE # WHEN ORDERINGRockville, MD 20855 SAN BERNARDINO, CA 92401 (909) 384-5947 (909) 384-5947 x3017 5-30 Days A/R/O Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Please refer to our Quote Number in your order. Page 2 of 3 4/30/2018 10.c Packet Pg. 129 Attachment: IT.Purchase of data backup system - appendix A (5529 : Authorization to Purchase Data Center Backup Hardware from Item #Description Notes Dell TL2000 2 LTO7 Drives, 24 slot, SAS12, 5 year NBD Warranty, ProDeploy Plus Install, 40 LTO7 Tapes, 1 cleaing tape, ProDeploy Training Credits PowerVault TL2000 Tape Library, 2U, 24 Slot, 1 or 2 Drives LTO7 Tape Labels, 1-60 LTO Tape Cleaner Qty 2, SAS, 6Gb,EXT,CBL,2MTR Documentation and Shipping Pro Support : Next Business Day Onsite Service After Problem Diagnosis, 4 Year Extended ProSupport : 7x24 HW / SW Tech Support and Assistance , 5 Year Dell Hardware Warranty, Extended Year(s) Dell Hardware Warranty Plus OnSite Service Inital YR Pro Support : Next Business Day Onsite Service After Problem Diagnosis, Initial Year Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-3355 Declined Remote Consulting Service ProDeploy Plus Dell Storage TL Series 2U Library - Deployment ProDeploy Plus Dell Storage TL Series 2U Library - Deployment Verification ProDeploy Plus Training Credits 400 Redeem at www.LearnDell.com Expires 1Yr from Order Date 2x LTO-7 SAS Tape Drive 8x LTO7 Tape Media, 5 Pack OPTIONAL: Dell TL4000 2 LTO7 Drives plus 2 empty Drive Slots, 48 slot, SAS12, 5 year NBD Warranty, ProDeploy Plus Install, 40 LTO7 Tapes, 1 cleaning tape, ProDeploy Training Credits PowerVault TL4000 Tape Library, 4U, 48 Slot, 1 to 4 Drives LTO7 Tape Labels, 1-60 LTO Tape Cleaner Documentation and Shipping Pro Support : Next Business Day Onsite Service After Problem Diagnosis, 4 Year Extended ProSupport : 7x24 HW / SW Tech Support and Assistance , 5 Year Dell Hardware Warranty, Extended Year(s) Dell Hardware Warranty Plus On Site Service Initial YR Pro Support : Next Business Day Onsite Service After Problem Diagnosis, Initial Year Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-3355 Declined Remote Consulting Service ProDeploy Plus Dell Storage TL Series 4U Library - Deployment ProDeploy Plus Dell Storage TL Series 4U Library - Deployment Verification ProDeploy Plus Training Credits 400 Redeem at www.LearnDell.com Expires 1Yr from Order Date 2x LTO-7 SAS Tape Drive 8x LTO7 Tape Media, 5 Pack Data Domain without Cloud PS-BAS-DD00 IMPL FOR DD 0 SHELF QS 1 PS-BAS-DDCT DD CLOUD TIER 1 DD3300 SYSTEM DD3300 NFS CIFS 1 DDOS_VE_61 DD3300 OPERATING SYSTEM=IA 1 DD33-32-2P1N DD3300 32TB 2PSU 1GBE BZ-CO 1 EA M-PSM-HW-DD-E1 PROSUPPORT W/MISSION CRITICAL-HARDWARE 1 458-002-313 DD3300 APPLIANCE SW LICENSE 1 456-113-358 DD3300 SW LICENSE 1TB=CC 32 M-PSM-SW-DD-E1 PROSUPPORT W/MISSION CRITICAL SOFTWARE 1 458-002-315 DD3300 CLOUD TIER 1 456-113-363 DD3300 CLOUD TIER 1TB=CC 32 M-PSM-SW-DD-E1 PROSUPPORT W/MISSION CRITICAL SOFTWARE 1 PS-BAS-DD00 IMPL FOR DD 0 SHELF QS 1 DD3300 SYSTEM DD3300 NFS CIFS 1 DDOS_VE_61 DD3300 OPERATING SYSTEM=IA 1 DD33-32-2P1N DD3300 32TB 2PSU 1GBE BZ-CO 1 M-PSM-HW-DD-E1 PROSUPPORT W/MISSION CRITICAL-HARDWARE 1 458-002-313 DD3300 APPLIANCE SW LICENSE 1 456-113-358 DD3300 SW LICENSE 1TB=CC 32 M-PSM-SW-DD-E1 PROSUPPORT W/MISSION CRITICAL SOFTWARE 1 VSC-OS-SIA-36-T0 SEL STORAGE CLOUD STD IA CAP 32 VSC-OS-SIA-24-T0 SEL STORAGE CLOUD STD IA CAP 32 Product Notes for Quote# 24570343.03 Page 3 of 3 4/30/2018 10.c Packet Pg. 130 Attachment: IT.Purchase of data backup system - appendix A (5529 : Authorization to Purchase Data Center Backup Hardware from ORDERING INFORMATION GovConnection, Inc. DBA Connection Please contact your account manager with any questions. Ordering Address GovConnection, Inc. 732 Milford Road Merrimack, NH 03054 Remittance Address GovConnection, Inc. Box 536477 Pittsburgh, PA 15253-5906 Please reference the Contract # on all purchase orders. TERMS & CONDITIONS Payment Terms: NET 30 (subject to approved credit) FOB Point: DESTINATION (within Continental US) Maximum Order Limitation: NONE FEIN: 52-1837891 DUNS Number: 80-967-8782 CEC: 80-068888K Cage Code: OGTJ3 Business Size: LARGE Erate Spin Number: 143026005 WARRANTY: Manufacturer’s Standard Commercial Warranty NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA). Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe import ant legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre - negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Please refer to our Quote Number in your order. If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to: SLEDOPS@connection.com QUESTIONS: Call 800-800-0019 FAX: 603.683.0374 10.d Packet Pg. 131 Attachment: IT.Purchase of Data backup system- appendix B (5529 : Authorization to Purchase Data Center Backup Hardware from Account Executive:Joseph Rozmiarek Phone:(800) 800-0019 ext. 75559 Fax:(603) 683-0547 Email:joe.rozmiarek@connection.com Date:4/30/2018 Valid Through:5/30/2018 Account Manager:Account #:S04834 Phone: Fax: Email: Customer Contact:Mitch Cochran Phone:(909) 384-5947 x3017 Email:cochran_mi@sbcity.org Fax: DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID# Destination Small Pkg Ground Service Level .00 lbs NET 30 *Line #Qty Item #Mfg. Part #Description Mfg.Price Ext 1 2 3000024534994.1 PowerEdge R640 - Media Agent Dell Dell 8,506.15$ 17,012.30$ 2 2 3000024534997.1 PowerEdge R640 - ComVSA Dell Dell 6,566.43$ 13,132.86$ 3 1 3000024534999.1 PowerEdge R640 - ComServe Dell Dell 6,566.43$ 6,566.43$ Subtotal 36,711.59$ Fee 0.00$ Shipping and Handling 0.00$ Tax 2,936.92$ Total 39,648.51$ CITY OF SAN BERNARDINO INFORMATION SYSTEMS QUOTE PROVIDED TO:SHIP TO: AB#: 14808932 AB#: 14680677 CITY OF SAN BERNARDINO 290 N D ST MITCH COCHRAN INFO SYSTEMS - CITY HALL SAN BERNARDINO, CA 92418 290 N D ST SALES QUOTE GovConnection, Inc.# 24578121.02 7503 Standish Place PLEASE REFER TO THE ABOVE QUOTE # WHEN ORDERINGRockville, MD 20855 SAN BERNARDINO, CA 92401 (909) 384-5947 (909) 384-5947 x3017 5-30 Days A/R/O Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Please refer to our Quote Number in your order. Page 2 of 5 4/30/2018 10.d Packet Pg. 132 Attachment: IT.Purchase of Data backup system- appendix B (5529 : Authorization to Purchase Data Center Backup Hardware from Item #Description Notes PowerEdge R640 - Media Agent 210-AKWU PowerEdge R640 Server 2 329-BDKC PowerEdge R640 Motherboard 2 461-AADZ No Trusted Platform Module 2 321-BCQJ 2.5 Chassis with up to 8 Hard Drives and 3PCIe slots 2 340-BKNE PowerEdge R640 Shipping 2 343-BBEV PowerEdge R640 x8 Drive Shipping Material 2 338-BLUQ Intel Xeon Silver 4110 2.1G, 8C/16T, 9.6GT/s , 11M Cache, Turbo, HT (85W) DDR4-2400 2 374-BBBX No Additional Processor 2 370-ADNM Blank for 1CPU Configuration 2 412-AAIQ Standard 1U Heatsink 2 370-ADNU 2666MT/s RDIMMs 2 370-AAIP Performance Optimized 2 780-BCDN RAID 1 2 405-AAEF PERC H330 RAID Controller, Minicard 2 634-BILL Windows Server 2016 Standard,16CORE,Factory Installed, No Media,NO CAL 2 634-BILD Windows Server 2016 Standard,16CORE,Media Kit 2 385-BBKT iDRAC9,Enterprise 2 379-BCQY iDRAC Group Manager, Disabled 2 379-BCSF iDRAC,Factory Generated Password 2 330-BBGY Riser Config 4, 2x16 LP 2 540-BBBW Broadcom 5720 QP 1Gb Network Daughter Card 2 429-ABBF No Internal Optical Drive for x4 and x8 HDD Chassis 2 384-BBPR 5 Standard Fans for R640 2 450-ADWQ Dual, Hot-plug, Redundant Power Supply (1+1), 495W 2 325-BCHH Standard Bezel 2 350-BBJS Dell EMC Luggage Tag 2 350-BBKB No Quick Sync 2 384-BBBL Performance BIOS Settings 2 800-BBDM UEFI BIOS Boot Mode with GPT Partition 2 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 2 PowerEdge R640 - Media Agent Notes Continued... 631-AACK No Systems Documentation, No OpenManage DVD Kit 2 332-1286 US Order 2 379-BCQW iDRAC Service Module (ISM), Pre-Installed in OS 2 813-9255 Dell Hardware Limited Warranty Plus On-Site Service 2 813-9259 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 3 Years 2 813-9260 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Years Extended 2 813-9268 ProSupport Mission Critical: 7x24 HW / SW Technical Support and Assistance, 5 Years 2 975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-3355 2 900-9997 On-Site Installation Declined 2 370-ADND 16GB RDIMM, 2666MT/s, Dual Rank 4 400-ASGE 1.92TB SSD SATA Mix Use 6Gbps 512n 2.5in Hot-plug Drive, SM863a,3 DWPD,10512 TBW 4 540-BBVJ Broadcom 57416 Dual Port 10Gb, Base-T, PCIe Adapter, Low Profile 2 405-AAEV SAS 12Gbps HBA External Controller, LP Adapter 2 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America 4 Product Notes for Quote# 24578121.02 Page 3 of 5 4/30/2018 10.d Packet Pg. 133 Attachment: IT.Purchase of Data backup system- appendix B (5529 : Authorization to Purchase Data Center Backup Hardware from Product Notes for Quote# 24578121.02 PowerEdge R640 - ComVSA 210-AKWU PowerEdge R640 Server 2 329-BDKC PowerEdge R640 Motherboard 2 461-AADZ No Trusted Platform Module 2 321-BCQJ 2.5 Chassis with up to 8 Hard Drives and 3PCIe slots 2 340-BKNE PowerEdge R640 Shipping 2 343-BBEV PowerEdge R640 x8 Drive Shipping Material 2 338-BLUQ Intel Xeon Silver 4110 2.1G, 8C/16T, 9.6GT/s , 11M Cache, Turbo, HT (85W) DDR4-2400 2 374-BBBX No Additional Processor 2 370-ADNM Blank for 1CPU Configuration 2 412-AAIQ Standard 1U Heatsink 2 370-ADNU 2666MT/s RDIMMs 2 370-AAIP Performance Optimized 2 780-BCDN RAID 1 2 405-AAEF PERC H330 RAID Controller, Minicard 2 634-BILL Windows Server 2016 Standard,16CORE,Factory Installed, No Media,NO CAL 2 634-BILD Windows Server 2016 Standard,16CORE,Media Kit 2 385-BBKT iDRAC9,Enterprise 2 379-BCQY iDRAC Group Manager, Disabled 2 379-BCSF iDRAC,Factory Generated Password 2 330-BBGY Riser Config 4, 2x16 LP 2 540-BBBW Broadcom 5720 QP 1Gb Network Daughter Card 2 429-ABBF No Internal Optical Drive for x4 and x8 HDD Chassis 2 384-BBPR 5 Standard Fans for R640 2 450-ADWQ Dual, Hot-plug, Redundant Power Supply (1+1), 495W 2 325-BCHH Standard Bezel 2 350-BBJS Dell EMC Luggage Tag 2 350-BBKB No Quick Sync 2 384-BBBL Performance BIOS Settings 2 800-BBDM UEFI BIOS Boot Mode with GPT Partition 2 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 2 PowerEdge R640 - ComVSA Notes Continued... 631-AACK No Systems Documentation, No OpenManage DVD Kit 2 332-1286 US Order 2 379-BCQW iDRAC Service Module (ISM), Pre-Installed in OS 2 813-9255 Dell Hardware Limited Warranty Plus On-Site Service 2 813-9259 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 3 Years 2 813-9260 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Years Extended 2 813-9268 ProSupport Mission Critical: 7x24 HW / SW Technical Support and Assistance, 5 Years 2 975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-3355 2 900-9997 On-Site Installation Declined 2 370-ADND 16GB RDIMM, 2666MT/s, Dual Rank 4 400-ARWN 600GB 15K RPM SAS 12Gbps 512n 2.5in Hot-plug Hard Drive 4 540-BBVJ Broadcom 57416 Dual Port 10Gb, Base-T, PCIe Adapter, Low Profile 2 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America 4 Page 4 of 5 4/30/2018 10.d Packet Pg. 134 Attachment: IT.Purchase of Data backup system- appendix B (5529 : Authorization to Purchase Data Center Backup Hardware from Product Notes for Quote# 24578121.02 PowerEdge R640 - ComServe 210-AKWU PowerEdge R640 Server 1 329-BDKC PowerEdge R640 Motherboard 1 461-AADZ No Trusted Platform Module 1 321-BCQJ 2.5 Chassis with up to 8 Hard Drives and 3PCIe slots 1 340-BKNE PowerEdge R640 Shipping 1 343-BBEV PowerEdge R640 x8 Drive Shipping Material 1 338-BLUQ Intel Xeon Silver 4110 2.1G, 8C/16T, 9.6GT/s , 11M Cache, Turbo, HT (85W) DDR4-2400 1 374-BBBX No Additional Processor 1 370-ADNM Blank for 1CPU Configuration 1 412-AAIQ Standard 1U Heatsink 1 370-ADNU 2666MT/s RDIMMs 1 370-AAIP Performance Optimized 1 780-BCDP RAID 5 1 405-AAEF PERC H330 RAID Controller, Minicard 1 634-BILL Windows Server 2016 Standard,16CORE,Factory Installed, No Media,NO CAL 1 634-BILD Windows Server 2016 Standard,16CORE,Media Kit 1 385-BBKT iDRAC9,Enterprise 1 379-BCQY iDRAC Group Manager, Disabled 1 379-BCSF iDRAC,Factory Generated Password 1 330-BBGY Riser Config 4, 2x16 LP 1 540-BBBW Broadcom 5720 QP 1Gb Network Daughter Card 1 429-ABBF No Internal Optical Drive for x4 and x8 HDD Chassis 1 384-BBPR 5 Standard Fans for R640 1 450-ADWQ Dual, Hot-plug, Redundant Power Supply (1+1), 495W 1 325-BCHH Standard Bezel 1 350-BBJS Dell EMC Luggage Tag 1 350-BBKB No Quick Sync 1 384-BBBL Performance BIOS Settings 1 800-BBDM UEFI BIOS Boot Mode with GPT Partition 1 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 1 PowerEdge R640 - ComServe Notes Continued... 631-AACK No Systems Documentation, No OpenManage DVD Kit 1 332-1286 US Order 1 379-BCQW iDRAC Service Module (ISM), Pre-Installed in OS 1 813-9255 Dell Hardware Limited Warranty Plus On-Site Service 1 813-9259 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 3 Years 1 813-9260 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Years Extended 1 813-9268 ProSupport Mission Critical: 7x24 HW / SW Technical Support and Assistance, 5 Years 1 975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-3355 1 900-9997 On-Site Installation Declined 1 370-ADND 16GB RDIMM, 2666MT/s, Dual Rank 2 400-ARWN 600GB 15K RPM SAS 12Gbps 512n 2.5in Hot-plug Hard Drive 4 540-BBVJ Broadcom 57416 Dual Port 10Gb, Base-T, PCIe Adapter, Low Profile 1 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America 2 Page 5 of 5 4/30/2018 10.d Packet Pg. 135 Attachment: IT.Purchase of Data backup system- appendix B (5529 : Authorization to Purchase Data Center Backup Hardware from 11.a Packet Pg. 136 Attachment: CD.DCA 17-03 Final Reading.Report (5530 : Final Reading – Development Code Amendment 17-03) 1 2 3 4 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 11.b Packet Pg. 137 Attachment: CD.DCA 17-03 Final Reading.A1.Ordinance (5530 : Final Reading – Development Code Amendment 17-03) 1 2 3 4 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 11.b Packet Pg. 138 Attachment: CD.DCA 17-03 Final Reading.A1.Ordinance (5530 : Final Reading – Development Code Amendment 17-03) 1 2 3 4 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. 11.b Packet Pg. 139 Attachment: CD.DCA 17-03 Final Reading.A1.Ordinance (5530 : Final Reading – Development Code Amendment 17-03) 1 2 3 4 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), located at the northwest corner of Waterman Avenue and Ennis Street, 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. /// /// /// 11.b Packet Pg. 140 Attachment: CD.DCA 17-03 Final Reading.A1.Ordinance (5530 : Final Reading – Development Code Amendment 17-03) 1 2 3 4 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:___________________________________ 11.b Packet Pg. 141 Attachment: CD.DCA 17-03 Final Reading.A1.Ordinance (5530 : Final Reading – Development Code Amendment 17-03) PROJECT: DCA (ZMA) 17-03 Change Zoning District from Office Industrial Park (OIP) to In- dustrial Light (IL) for ± 8.18 acres NORTH Exhibit A 11.c Packet Pg. 142 Attachment: CD.DCA 17-03 Final Reading.Exhibit A (5530 : Final Reading – Development Code Amendment 17-03) 12.a Packet Pg. 143 Attachment: CD.DCA 17-08.Final Reading.Report (5531 : Final Reading – Development Code Amendment 17-08) 1 2 3 4 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 12.b Packet Pg. 144 Attachment: CD.DCA 17-08.Final Reading.A1.Ordinance (5531 : Final Reading – Development Code Amendment 17-08) 1 2 3 4 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 12.b Packet Pg. 145 Attachment: CD.DCA 17-08.Final Reading.A1.Ordinance (5531 : Final Reading – Development Code Amendment 17-08) 1 2 3 4 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. 12.b Packet Pg. 146 Attachment: CD.DCA 17-08.Final Reading.A1.Ordinance (5531 : Final Reading – Development Code Amendment 17-08) 1 2 3 4 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), located at 879 S. Waterman Avenue, 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. /// /// /// 12.b Packet Pg. 147 Attachment: CD.DCA 17-08.Final Reading.A1.Ordinance (5531 : Final Reading – Development Code Amendment 17-08) 1 2 3 4 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:___________________________________ 12.b Packet Pg. 148 Attachment: CD.DCA 17-08.Final Reading.A1.Ordinance (5531 : Final Reading – Development Code Amendment 17-08) PROJECT: DCA (ZMA) 17-08 Change Zoning District from Office Industrial Park (OIP) to Industrial Light (IL) for ± 4.85 acres NORTH Exhibit A PROJECT SITE 12.c Packet Pg. 149 Attachment: CD.DCA 17-08.Final Reading.Exhibit A (5531 : Final Reading – Development Code Amendment 17-08) 13.a Packet Pg. 150 Attachment: PD.Destruction of Certain Obsolete Records (PSB)- Staff Report (5532 : Approval for the Destruction of Certain Obsolete Reports, Accidental Discharges/Dog shooting reports, officer Vehicle Accident Reports, and Pursuit Reports dated prior to July 1, 2016; Personnel Applicant files, Grievances, and Police Canine activity reports dated prior to July 1, 2013; Pitchess Motion, Subpoena Duces Tecum, and Public Records Act request files dated prior to July 1, 2016; lawsuit and claim files with disposition dated prior to July 1, 2016; Off-duty work permits dated prior to July 1, 2016; and obsolete administrative files dated prior to July 1, 2016, meets the standards outlined in the Government Code, Penal Code, Evidence Code, and San Bernardino Police Department Policy #225, “Destruction of Police Records.” Discussion Currently, the Police Department maintains certain records that have surpassed their designated retention requirement. Pursuant to outlined Government Code, Penal Code, Evidence Code, and San Bernardino Policy, the Police Department is requesting approval of destruction of these certain obsolete records. The selected records have been deemed ineffective and no longer serve a useful purpose. 2018-2019 Goals and Objectives The request for destruction of certain obsolete records aligns with Goal No 6: Operate in a Fiscally Responsible and Business-Like Manner. Destruction of records that have outlived their usefulness as evidence will improve organizational efficiency and effectiveness. Fiscal Impact No fiscal impact to the City Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution approving the destruction of certain obsolete records by the San Bernardino Police Department. Attachments Attachment 1 – Resolution Ward: All Synopsis of Previous Council Actions: On March 21, 2018, the Mayor and City Council adopted Resolution No. 2018-71, approving the destruction of certain obsolete records by the San Bernardino Police Department. On May 23, 2017, the Mayor and City Council adopted Resolution No. 2017-79, approving the destruction of certain obsolete records by the San Bernardino Police Department On March 21, 2016, the Mayor and City Council adopted Resolution No. 2016-56, approving the destruction of certain obsolete records by the San Bernardino Police Department. 13.a Packet Pg. 151 Attachment: PD.Destruction of Certain Obsolete Records (PSB)- Staff Report (5532 : Approval for the Destruction of Certain Obsolete 1 2 3 4 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.2018-133 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF OBSOLETE PROFESSIONAL STANDARDS AND TRAINING BUREAU FILES BY THE SAN BERNARDINO POLICE DEPARTMENT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and City Council of the City of San Bernardino approve the destruction of certain obsolete records by the San Bernardino Police 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 this Resolution’s approval: (a) All Personnel Complaints and Internal Investigations with disposition dates prior to July 1, 2013; (b) Service Complaints with disposition dates prior to July 1, 2016; (c) All other Professional Standards Bureau files that are not defined in (a) dated prior to July 1, 2016; (d) Pitchess Motion files with disposition dates prior to July 1, 2016; (e) Police canine activity and apprehension reports dated prior to July 1, 2013; (f) Employee grievances with disposition dates prior to July 1, 2013; (g) Internal promotional tests and evaluations dated prior to July 1, 2016; (h) Supervisory Use of Force Reports with disposition dates prior to July 1, 2016; (i) Supervisory Pursuit Reports with disposition dates prior to July 1, 2016; (j) Supervisory Vehicle Accident Reports with disposition dates prior to July 1, 2016; (k) Lawsuits and claims with adjudication dates prior to July 1, 2016; 1 13.b Packet Pg. 152 Attachment: PD.Destruction of Certain Obsolete Records (PSB) - Resolution (5532 : Approval for the Destruction of Certain Obsolete 1 2 3 4 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) Accidental Discharges and Dog shooting files with disposition dates prior to July 1, 2016; (m) Public Records Act request files dated prior to July 1, 2016; (n) Subpoena Duces Tecum files dated prior to July 1, 2016; (o) Personnel Applicant files with processing dates prior to July 1, 2013; (p) Off-duty work permits dated prior to July 1, 2016; and (q) Obsolete administrative files dated prior to July 1, 2016. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 13.b Packet Pg. 153 Attachment: PD.Destruction of Certain Obsolete Records (PSB) - Resolution (5532 : Approval for the Destruction of Certain Obsolete 1 2 3 4 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 RECORDS BY THE SAN BERNARDINO POLICE 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 Joint 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, 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: 3 13.b Packet Pg. 154 Attachment: PD.Destruction of Certain Obsolete Records (PSB) - Resolution (5532 : Approval for the Destruction of Certain Obsolete 14.a Packet Pg. 155 Attachment: PD.Destruction of Obsolete Records- Parking Citation Files.Report (5533 : Approval for the Destruction of Obsolete Parking Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution, approving the destruction of obsolete case files by the San Bernardino Police Department. Attachments Attachment 1 – Resolution Ward: All Synopsis of Previous Council Actions: March 31, 2018 Resolution #2018-71 adopted approving the destruction of certain obsolete records by the San Bernardino Police Department. May 23, 2017 Resolution #2017-79 adopted approving the destruction of certain obsolete records by the San Bernardino Police Department. 14.a Packet Pg. 156 Attachment: PD.Destruction of Obsolete Records- Parking Citation Files.Report (5533 : Approval for the Destruction of Obsolete Parking 1 2 3 4 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. 2018-134 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF OBSOLETE PARKING CITATION FILES BY THE SAN BERNARDINO POLICE DEPARTMENT WHEREAS, On July 9, 2014, the Mayor and City Council of the City of San Bernardino, California, adopted Resolution no. 2014-246, thereby adopting the State of California Records Retention Schedule; and WHEREAS, the State of California Records Retention Schedule requires retention of parking enforcement records created on or after two years before the current year; and WHEREAS, the San Bernardino Police Department has determined that it is currently necessary to destroy certain parking enforcement records that were created prior to two years before the current year (i.e., created before 2016). 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 of the City of San Bernardino, California, approve the destruction of certain obsolete records by the San Bernardino Police 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 this Resolution’s adoption: (a) All records related to a request for initial administrative review of a parking citation (Vehicle Code § 40215(a)) that were created or received on or before December 31, 2015, and that no are no longer required. 1 14.b Packet Pg. 157 Attachment: PD.Destruction of Obsolete Records-Parking Citation Files.Reso (5533 : Approval for the Destruction of Obsolete Parking Citation 1 2 3 4 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) All records related to a request for administrative hearing on a parking citation (Vehicle Code § 402015(b)) that were created or received on or before December 31, 2015, and that are no longer required. (c) All records related to the filing of an appeal of a parking citation to a California superior court (Vehicle Code § 40230(a)) that were created or received on or before December 31, 2015, and that are no longer required. (d) All handwritten parking citations that were created on or before December 31, 2015, and that are no longer required. (e) All physical records related to “Payment Batches” memorializing payments made towards parking citations at the front counter of the Police Department, which are otherwise stored and accessible electronically, and that are no longer required. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 2 14.b Packet Pg. 158 Attachment: PD.Destruction of Obsolete Records-Parking Citation Files.Reso (5533 : Approval for the Destruction of Obsolete Parking Citation 1 2 3 4 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 RECORDS BY THE SAN BERNARDINO POLICE 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 joint 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, 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: ________________________ 3 14.b Packet Pg. 159 Attachment: PD.Destruction of Obsolete Records-Parking Citation Files.Reso (5533 : Approval for the Destruction of Obsolete Parking Citation 15.a Packet Pg. 160 Attachment: HR.PT-Temp Salaries- Staff Report (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and Seasonal in our region. Exhibit “A” identifies the hourly pay rates for all temporary/part-time and seasonal classifications in the City of San Bernardino. Temporary, part-time, and seasonal employment is restricted to 1,000 hours within a fiscal year (July 1st to June 30th) and employees in these positions do not qualify to receive City benefits, except those required by law. Further restrictions apply to CalPERS retired annuitants. 2018-2019 Goals and Objectives Establishing a comprehensive basic compensation plan for temporary/part-time and seasonal employees aligns with Goal 5: Improve Government Operations by ensuring that employees are compensated fairly. Fiscal Impact The proposed hourly pay rate for temporary/part-time and seasonal job classifications will result in an increase of approximately $15,000.00, annually. These increases can be absorbed within the adopted FY 2017/18 Budget through existing vacancies and budget savings. The proposed FY 2018/19 budget will include the funding required to support the part-time wage increases. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution, approving the basic compensation plan for temporary/part-time and seasonal employees of the City of San Bernardino. Attachments Attachment 1 – Resolution; Exhibit A Ward: Synopsis of Previous Council Actions: On April 21, 2017, the Mayor and City Council adopted Resolution No. 2017-061 to establish hourly rates for the Temporary/Part-Time Officers and/or employees of the City of San Bernardino. On March 7, 2018, the Mayor and City Council adopted Resolution No. 2018-057 to establish a basic compensation plan for Temporary/Part-Time Officers and/or employees of the City of San Bernardino, California. 15.a Packet Pg. 161 Attachment: HR.PT-Temp Salaries- Staff Report (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and Seasonal 1 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. 2018-135 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BASIC COMPENSATION PLAN FOR TEMPORARY/PART-TIME AND SEASONAL EMPLOYEES OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND REPEALING RESOLUTION NOS. 2017-057 AND 2018-061 WHEREAS, on April 21, 2017, the Mayor and City Council adopted Resolution No. 2017-061 to establish hourly rates for the Temporary/Part-Time Officers and/or employees; and WHEREAS, on March 7, 2018, the Mayor and City Council adopted Resolution No. 2018-057 to establish a basic compensation plan for Temporary/Part-Time Officers and/or employees; and WHEREAS, there is a need to consolidate the compensation plan for all temporary/part- time and seasonal employees in the City of San Bernardino into one comprehensive compensation plan; and WHEREAS, there is a need to make adjustments to the City of San Bernardino’s temporary/part-time and seasonal employment compensation plan to ensure that employees are fairly compensated; and WHEREAS, the adopted budget for Fiscal Year 2017-2018 Budget includes sufficient funding to support this basic compensation plan for temporary/part-time and seasonal employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The hourly pay ranges for the City of San Bernardino’s temporary/part- time and seasonal classifications, attached hereto and incorporated herein as Exhibit “A”, are hereby approved. SECTION 2. Upon adoption of this Resolution, temporary/part-time and seasonal employees shall be paid in accordance with the ranges established by this temporary/part-time basic compensation plan. SECTION 3. Resolution Nos. 2017-057 and 2018-061 are hereby repealed. SECTION 4. Temporary, part-time and seasonal employment is restricted to 1,000 hours within a fiscal year and employees in these positions do not qualify to receive benefits, 1 15.b Packet Pg. 162 Attachment: HR.PT-Temp Salaries-Attachment 1- Resolution (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time 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 except those required by law. Further restrictions apply to CalPERS retired annuitants. Recipients of retirement allowances and employed without reinstatement are excluded from the paid sick leave requirements. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 2 15.b Packet Pg. 163 Attachment: HR.PT-Temp Salaries-Attachment 1- Resolution (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time 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 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BASIC COMPENSATION PLAN FOR TEMPORARY/PART-TIME AND SEASONAL EMPLOYEES OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND REPEALING RESOLUTION NOS. 2017-057 AND 2018-061 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and the City Council of the City of San Bernardino at _____________ meeting thereof, held on ______ day of ____________, 2018, by the following vote, to wit: COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT MARQUEZ _____ _____ _____ _____ BARRIOS _____ _____ _____ _____ VALDIVIA _____ _____ _____ _____ SHORETT _____ _____ _____ _____ NICKEL _____ _____ _____ _____ RICHARD _____ _____ _____ _____ MULVIHILL _____ _____ _____ _____ ____________________________ Georgeann Hanna, City Clerk The forgoing 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: _________________________ 3 15.b Packet Pg. 164 Attachment: HR.PT-Temp Salaries-Attachment 1- Resolution (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and City of San Bernardino Basic Compensation Plan Temporary/Part-Time Employees Effective 5/17/18 EXHIBIT "A" Class Code Classification Title 00023 Accounting Assistant (PT)$19.02 -$23.12 00011 Accountant I (PT)$24.40 -$29.67 00012 Accountant II (PT)$26.97 -$32.78 00010 Accountant III (PT)$29.79 -$32.21 00861 Accounting Manager (U) (PT)$40.59 -$49.34 00508 Administrative Analyst I (PT)$25.65 -$31.18 00510 Administrative Analyst II (PT)$29.79 -$36.21 00709 Administrative Assistant (PT)$18.09 -$21.99 00081 Administrative Assistant to City Council (U) (PT)$23.22 -$28.22 00534 Administrative Claims Specialist (PT)$19.99 -$24.30 00013 Animal License Checker (PT) 00119 Animal Shelter Attendant (PT)$15.58 -$18.93 00300 Apprentice (PT)$11.00 -$21.00 00212 Assistant Literacy Program Coordinator (PT)$17.38 -$21.13 00168 Assistant Planner (PT)$26.97 -$32.78 00169 Associate Planner (PT)$31.32 -$38.07 00194 Background Investigator (PT)$30.00 -$35.00 00072 Building Inspector I (PT)$24.40 -$29.67 00073 Building Inspector II (PT)$26.97 -$32.78 00264 Business Registration Inspector (PT)$22.09 -$26.85 00220 Business Registration Representative (PT)$18.09 -$21.99 00271 Buyer (PT)$24.40 -$29.67 00450 Code Enforcement Officer I (PT)$19.99 -$24.30 00455 Code Enforcement Officer II (PT)$25.65 -$31.18 00132 Community Development Block Grant (CDBG) Program Assistant (PT)$17.22 -$20.93 00890 Community Development Technician (PT)$21.01 -$25.54 00571 Construction Inspector I (PT)$23.22 -$28.22 00573 Construction Inspector II (PT)$26.97 -$32.78 00635 Coordinator of Volunteers (PT)$13.41 -$16.30 00603 Crime Analyst (PT)$25.65 -$31.18 00605 Crime Data Technician (PT)$15.42 -$18.75 00054 Custodial Aide (PT) 00621 Custodian (PT)$14.82 -$18.02 00224 Customer Service Representative (PT)$15.58 -$18.93 00009 Departmental Accounting Technician (PT)$17.22 -$20.93 00831 Electrician I (PT)$21.01 -$25.54 00841 Electrician II (PT)$23.22 -$28.22 00432 Engineering Assistant I (PT)$23.22 -$28.22 00434 Engineering Assistant II (PT)$25.65 -$31.18 00921 Equipment Mechanic I (PT)$19.99 -$24.30 00902 Equipment Mechanic II PT)$22.09 -$26.85 00707 Executive Assistant (PT)$21.01 -$25.54 00982 Executive Assistant to Director (PT)$23.22 -$28.22 00083 Extra Relief Heavy Laborer (PT) 00623 Facilities Maintenance Mechanic (PT)$19.99 -$24.30 00512 Financial Analyst (PT)$31.31 -$38.06 00066 Food Service Supervisor II (PT)$24.40 -$29.67 00165 Forensics Specialist I (PT)$21.01 -$25.54 00166 Forensics Specialist II PT)$24.40 -$29.67 00207 Human Resources Technician (PT)$19.02 -$23.12 00657 Human Resources Analyst (PT)$31.32 -$38.07 00355 IEMG/CATV Programming/Traffic Assistant (PT)$12.83 -$15.59 Hourly Range $12.00 Flat $12.25 Flat $12.25 Flat 1 15.c Packet Pg. 165 Attachment: HR.PT- Temp Salaries- Attachment 1-EXHIBIT A (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and City of San Bernardino Basic Compensation Plan Temporary/Part-Time Employees Effective 5/17/18 EXHIBIT "A" Class Code Classification Title 00019 Intern (PT)$11.00 -$21.00 00308 Law Enforcement Trainee (PT) 00322 Legal Secretary I (PT)$21.01 -$25.54 00323 Legal Secretary II (PT)$23.22 -$28.22 00361 Library Assistant (PT)$14.53 -$17.66 00391 Library Technician I (PT)$16.37 -$19.90 00392 Library Technician II (PT)$18.90 -$21.99 00488 Maintenance Worker I (PT)$15.58 -$18.93 00487 Maintenance Worker II (PT)$18.09 -$21.99 00427 NPDES Inspector I (PT)$23.22 -$28.22 00426 NPDES Inspector II (PT)$26.97 -$32.78 00711 Office Assistant (PT)$14.10 -$17.14 00581 Parking Enforcement Officer (PT)$16.37 -$19.90 00611 Parks Maintenance Worker I (PT)$15.58 -$18.93 00622 Parks Maintenance Worker II (PT)$18.09 -$21.99 00070 Payroll Manager (PT)$36.37 -$44.21 00071 Payroll Technician (PT)$21.01 -$25.54 00680 Plans Examiner I (PT)$26.97 -$32.78 00682 Plans Examiner II (PT)$31.32 -$38.07 00481 Plumber (PT)$23.22 -$28.22 00192 Police Cadet (PT)$14.50 -$16.50 00767 Police Dispatcher I (PT)$19.99 -$24.30 00768 Police Dispatcher II (PT)$22.09 -$26.85 00218 Police P&T Technician (PT)$21.01 -$25.54 00219 Police Records Technician I (PT)$14.10 -$17.14 00221 Police Records Technician II (PT)$15.58 -$18.93 00256 Recreation Supervisor (Aquatics) (PT)$24.16 -$29.37 00721 SB Direct Call Taker (PT)$16.37 -$19.90 00722 SB Direct Call Taker Bilingual (PT)$21.01 -$25.54 00270 Security Guard (PT) 00263 Security Officer (PT) 00265 Security Officer II (PT) 00710 Senior Office Assistant (PT)$15.58 -$18.93 00227 Senior Business Registration Representative (PT)$19.02 -$23.12 00228 Senior Customer Service Representative (PT)$18.09 -$21.99 00223 Senior Customer Service Representative/Dispatcher (PT)$17.22 -$20.93 00656 Senior Human Resources Technician $21.01 -$25.54 00261 Senior Librarian (PT)$28.34 -$34.45 00283 Senior Library Tech (PT)$22.09 -$26.85 00470 Tree Trimmer Assistant (PT)$18.09 -$21.99 00483 Tree Trimmer I (PT)$19.02 -$23.12 00484 Tree Trimmer II (PT)$19.99 -$24.30 00447 Traffic Signal Technician I (PT)$23.22 -$28.22 00448 Traffic Signal Technician II (PT)$25.65 -$31.18 00439 Traffic Operations & System Analyst (PT)$36.37 -$44.21 $12.00 Flat $18.00 Flat $20.00 Flat Hourly Range $29.96 Flat 2 15.c Packet Pg. 166 Attachment: HR.PT- Temp Salaries- Attachment 1-EXHIBIT A (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and City of San Bernardino Basic Compensation Plan Temporary/Part-Time Employees Effective 5/17/18 EXHIBIT "A" HOURLY RATES FROM DATE OF HIRE Class Code Classification Title STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 00631 Library Page (PT)$11.55 $11.13 $11.27 $11.40 $11.54 ANNUAL STEP INCREASE Class Code Classification Title STEP 1 STEP 2 STEP 3 00133 Lifeguard (PT)$12.62 $13.25 $13.92 00283 Senior Lifeguard (PT)$14.35 $15.06 $15.82 00331 Pool Manager I (PT)$15.87 $16.67 $17.50 00333 Pool Manager II (PT)$17.18 $18.04 $18.94 00222 Recreation Aide (PT)$11.00 $11.55 $12.13 00244 Recreation Leader (PT)$11.50 $12.08 $12.68 00254 Recreation Specialist - Social & Cultural (PT)$14.10 $14.81 $15.55 00255 Recreation Specialist - Sports & Athletics (PT)$14.10 $14.81 $15.55 00257 Recreation Specialist - Food Service (PT)$14.10 $14.81 $15.55 00258 Recreation Specialist - Therapeutics (PT)$14.10 $14.81 $15.55 00206 Recreation Specialist - Theatre Tech (PT)$14.10 $14.81 $15.55 00294 Senior Recreation Leader (PT)$12.75 $13.39 $14.06 00259 Food Service Program Specialist (PT)$11.00 $11.55 $12.13 3 15.c Packet Pg. 167 Attachment: HR.PT- Temp Salaries- Attachment 1-EXHIBIT A (5534 : Establish a Basic Compensation Plan for Temporary/Part-Time and 16.a Packet Pg. 168 Attachment: CD.HdL CSA Amendment.Staff Report (5535 : Amendment Number One to Agreement with HdL for the Cannabis Management Objective 2: Interview Scheduling and Panel Support - HdL will facilitate the scheduling of all interviews and assist the Selection Committee during the interview process. Objective 3: Final Selection and Issuance of the Permit - HdL will assist the City Manager or his/her designee during the presentation to the City Council and on the awarding of the permits. Scope Estimated Hours/Budget Objective 1 – Program Management 204 hours / $51,000 Objective 2 – Panel Support & Scheduling 56 hours / $14,000 Objective 3 – Final Selection & Presentation to Mayor and City Council 17 hours / $4,250 Total: 277 hours / $69,250 Over the past several months staff has developed a level of expertise in the area of State Law and permitting for cannabis businesses. Staff, however, does not have the industry wide perspective that HdL has, which is critical to making the San Bernardino cannabis program safe and effective. HdL has worked across western United States for a wide variety of jurisdictions and their vast knowledge is critical to ensuring that the City’s commercial cannabis program is a fair, equitable and safe for the operator and the public. 2018-2019 Goals and Objectives The proposed amendment to the Agreement for preparation of the Commercial Cannabis Program aligns with Goal No 1: Implement the City Vision - having a safe and well run commercial cannabis program creates a mix of uses for the community; Goal No 3: Create, Maintain and Grow Jobs and Economic Value in the City – the commercial cannabis program improves economic development opportunities and economic value of property; and Goal No 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City – a legal commercial cannabis program will ensure a safe well-planned community. Fiscal Impact There is sufficient funding in adopted FY 2017/2018 Budget in the amount of $69,250 in account 001-180-0029-5502. Conclusion It is recommended that the Mayor and City Council adopt the Resolution approving Amendment Number One to the Consultant Services Agreement with HdL. Attachments Attachment 1 Resolution; Exhibit A Attachment 2 Consulting Services Agreement dated November 13, 2017 Ward: All Synopsis of Previous Council Actions: None 16.a Packet Pg. 169 Attachment: CD.HdL CSA Amendment.Staff Report (5535 : Amendment Number One to Agreement with HdL for the Cannabis Management 1 2 3 4 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. 2018-136 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO THE CONSULTING SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES (HdL) TO INCREASE THE TOTAL AMOUNT NOT TO EXCEED $119,249, ADD ADDITIONAL SERVICES, AND EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2019, FOR THE COMMERCIAL CANNABIS MANAGEMENT PROGRAM 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 Amendment Number One to a Consulting Services Agreement with Hinderliter, de Llamas and Associates (HdL) attached hereto as Exhibit “A”, in an amount not to exceed $119,249 for a term ending December 31, 2019. SECTION 2. 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 16.b Packet Pg. 170 Attachment: CD.HdL CSA Amendment.Resolution.A1 (5535 : Amendment Number One to Agreement with HdL for the Cannabis Management 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ____________ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO THE CONSULTING SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES (HdL) TO INCREASE THE TOTAL AMOUNT NOT TO EXCEED $119,249, ADD ADDITIONAL SERVICES, AND EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2019, FOR THE COMMERCIAL CANNABIS MANAGEMENT PROGRAM 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 16.b Packet Pg. 171 Attachment: CD.HdL CSA Amendment.Resolution.A1 (5535 : Amendment Number One to Agreement with HdL for the Cannabis Management AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER, DE LLAMAS AND ASSOCIATES FOR THE COMMERCIAL CANNABIS MANAGEMENT PROGRAM THIS AMENDMENT NUMBER ONE (“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 HINDERLITER, DE LLAMAS AND ASSOCIATES ("CONSULTANT"). W I T N E S S E T H: WHEREAS, CITY and CONSULTANT entered into that certain Consulting Services Agreement on November 13, 2017 (“Agreement”); and WHEREAS, CITY and CONSULTANT seek by this Amendment to increase the contract by an additional amount of $69,250 to a total amount not to exceed $119,249; and WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term of the Agreement to December 31, 2019. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 2.0 Term is hereby amended to extend the term of the Agreement to December 31, 2019. 2. Section 4.3 Compensation is hereby amended to increase the total contract amount to $119,249. 3. HdL Cannabis Management Program, Attachment “A” to this Amendment shall be included with the Agreement to describe additional services as detailed in Section 4.4 of the Agreement. The rates for the additional services are contained in Attachment A. 4. 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 16.c Packet Pg. 172 Attachment: CD.HdL CSA Amendment.Resolution.A1 (Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Cannabis AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER, DE LLAMAS AND ASSOCIATES FOR THE COMMERCIAL CANNABIS MANAGEMENT PROGRAM 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, HINDERLITER, DE LLAMAS AND ASSOCIATES 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 16.c Packet Pg. 173 Attachment: CD.HdL CSA Amendment.Resolution.A1 (Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Cannabis City of San Bernardino Cannabis Management Program HdL Companies 1340 Valley Vista Dr., Suite 200 Diamond Bar, CA 91765 www.hdlcompanies.com Contact: David McPherson 909.861.4335 dmcpherson@hdlcompanies.com 16.d Packet Pg. 174 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 1 TABLE OF CONTENTS I. LETTER OF TRANSMITTAL ............................................................................ 2 II. PROPOSED SCOPE OF SERVICES ............................................................... 3 III. COST ................................................................................................................ 7 IV. EXPERIENCE AND RESOURCES ................................................................ 8 V. REFERENCES ................................................................. .............................. 13 16.d Packet Pg. 175 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 2 I. LETTER OF TRANSMITTAL April 15, 2018 Mark Persico Community Development Director City of San Bernardino 201 North “E” Street, 3rd Floor San Bernardino, CA 92401 Re: Proposal - Provide Program Oversight to Manage the Cannabis Business Application Selection Process for the City of San Bernardino Dear Mr. Persico, Thank you for the opportunity to present this proposal to provide program oversight to manage the cannabis business application selection process in the City of San Bernardino. HdL was incorporated in 1983 and has over 30 years of experience providing revenue enhancement and consulting services to local governments in California. HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Its audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management Program. HdL’s systematic and coordinated approach to revenue management and economic data analysis is currently being utilized by over 400 agencies in six states. The firm currently serves 44 counties, 299 cities and 79 transactions tax districts in California. Of particular interest to you and your team is our knowledgeable team of professionals who have direct experience in the establishment and implementation of Cannabis Regulatory Programs including establishing land-use regulations, registration processes, operation regulations for medicinal and adult use cannabis facilities, staffing plans, cost recovery, and structuring cannabis business tax fees. Enclosed please find our detailed scope of services for HdL’s Cannabis Management Program. We agree to adhere to the deliverable requirements for a total cost not to exceed $69,250. However, this will be subject to an agreed upon project schedule between San Bernardino and HdL. We look forward to the opportunity to partner with the City of San Bernardino in developing a strategy which meets your program needs. If you have any questions or require additional information, please feel free to contact Andy Nickerson by email at anickerson@hdlcompanies.com or David McPherson at dmcpherson@hdlcompanies.com or by phone at 909.861.4335. Sincerely, Andy Nickerson President, HdL Companies 16.d Packet Pg. 176 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 3 II. PROPOSED SCOPE OF SERVICES The regulation, compliance and taxation of cannabis is complex and filled with challenging issues. Therefore, the objectives presented in this proposal are based on HdL’s experience and the expectations and desired outcomes of the City. However, due to the ongoing evolution of the state’s Medical Cannabis Regulation and Safety Act (MCRSA), Proposition 64, Adult Use Marijuana Act (AUMA), and SB 94, the Medicinal Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), HdL is agreeable to modifications to this scope of services as deemed necessary by both HdL and City staff. Amendments to this Scope of Services shall be made in writing and shall not constitute additional hours of work without proper compensation unless otherwise approved by the City and HdL. The Scope of Services to be provided by HdL shall include: ➢ Kick off meeting(s) with City Staff, City Sub Committees or Community Stakeholders; ➢ Identify issues which City staff needs to address in order to reduce any legal issues or problems prior to issuing regulatory permits to the cannabis businesses; ➢ Provide City staff with technical and policy expertise related to the operations and understanding of the Cannabis Industry in order to ensure compliance with the Medicinal Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and all applicable local ordinances; ➢ Ensure the procedures and application requirements for a permittee selection process is properly adhered to in order to validate the process and the final outcome. ➢ Develop a proposed timeline for implementation of the application process and Request for Permit Applications (RFPA), including reviewing qualification statements, records, and documents in coordination with City staff, City officials, or committees, and providing a recommendation to the City Council; Objective 1: Program Oversight and Management Program oversight will begin upon the execution of a contract with the Consultant which will include the following: ➢ Assist the City in responding to questions and issues during the application process and provide clarification on regulations as well as industry technical issues during the application process ; ➢ Review proposed applications to ensure that they comply with city ordinances and state laws as well as conform to industry best practices to regulate the cannabis businesses in the City; ➢ Monitor MAUCRSA policy development and provide feedback to City staff to ensure that the City is in compliance with any changes which may impact the development of the cities strategy to regulate and tax businesses which will be permitted in the City; 16.d Packet Pg. 177 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 4 ➢ Participate in staff meetings, conference calls, respond to staff inquires via phone and email, review staff reports to city council and assist with responses to inquiries from the public to staff. ➢ Committee/Council Meetings: HdL will be present to provide staff and city council technical support when available at City Committees/Council meetings at the request of the City Administration. Objective 1:1 Application Review and Initial Ranking The application review and initial ranking will be conduct upon the completion of Phase I which will include the following: ➢ Staff Conference Calls or On-Site Meetings: HdL will work with the City Manager, City Attorney or their designee to identify key internal stakeholders to attend meetings, define roles of the participants, discuss schedules, and scope of services. In addition, policies will be established for proper protocols and confidentiality of the applicant’s documentation to ensure an equitable and fair evaluation process. ➢ Project Management: This includes facilitation of internal meetings, conference calls, staff inquiries via phone and email, participation in initial project functions and monitoring of status reports and present completion timelines. ➢ Committee/Council Meetings: HdL will assist in the preparation of a presentation for a City Committee/Council meeting at the request of the City Administration. HdL will review all applications to identify incomplete submissions for immediate disqualification, omissions of live scan submissions of all business partners, and applications which do not conform to zoning requirements for their perspective permit specifically authorized by the RFPA. The best submissions will be forward thinking and deploy solutions that identify the best “green” practices, while employing “sustainable” energy and waste solutions, and implement the “best practices” available in the medicinal cannabis industry. Consideration will be given to applications designed to reduce and address actual or potential concerns the City may have regarding nuisance behavior, environmental issues, or product safety. Per the application procedures which were adopted by resolution the specific criteria which will be used in evaluating and rating the applications shall include the following: ➢ Overall quality of the proposal including responsiveness and conformance to RFPA requirements for content and format; ➢ Quality and appropriateness of proposed applicant team, professional experience and background of primary applicants and key sub lessees; ➢ Key personnel, project location, and other management staff with required experience and skills relevant to this project; ➢ Primary applicants experience and ability to manage operations of proposed facility, scheduling of work, cost estimating and budget management; 16.d Packet Pg. 178 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 5 ➢ Primary makeup of applicant’s corporate board, and prior experience working with local government agencies; ➢ Patient tracking, product inventory management and recordkeeping; ➢ Quality and appropriateness of proposed site, business model, organization, and knowledge and experience working with specific legal codes and regulations; ➢ Transportation plan describing the procedures for safely and securely transporting cannabis products and currency; ➢ Applicants use, and implementation of solutions designed to reduce and address any actual or potential concerns of the City and its residents, and ➢ Any other additional information which the City would like to incorporate into the selection process which they deemed necessary. Objective 1.2 Preliminary Results and Recommendations: All applications will be scored by HdL staff and maintained on a spreadsheet. The scoring spreadsheet will be provided to the City, along with HdL’s recommendations. The top applicant’s which shall be determined by the application guideline for each permitted category, will move on to Phase III. Each of the final applicants from each category will be reviewed and rated based on ten (10) categories. An applicant’s score for points will be based on their ability to meet or exceed minimum requirements in the ten (10) categories. Applicants must provide information on how they plan to meet these point categories. Such action will become a mandatory condition of their permit. Failure to meet or comply with these requirements will subject the applicants to penalties and/or revocation proceedings. The ten (10) categories are as follows: 1. Proposed Location 2. Business Plan 3. Community Benefits 4. Enhanced Product Safety 5. Environmental Benefits 6. Labor and Employee Practices 7. Local Enterprise 8. Neighborhood Compatibility Plan 9. Qualification of Principals 10. Safety and Security Plan Objective 2: Interview Scheduling & Panel Support All eligible applicants from Phase II will advance to Phase III which will consist of a Selection Committee interview panel. Prior to scheduling the panel interviews all proposed site locations may be inspected to determine if applicants have been operating prior to being issued a permit. 16.d Packet Pg. 179 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 6 Any applicants identified as having been in operation without a permit may be disqualified. If it is determined that an operation was pre-existing but did not pay past taxes, such failure to disclose this information will cause the application to be disqualified from consideration. In addition, any misrepresentation, failure to disclose, or withholding of information pertinent to this application process including but not limited to prior operations, board and management composition, pre- constructed sites, gross receipts, length of time operating, etc. may result in immediate disqualification. Once the site inspection has been completed the applicants will be scheduled for a panel interview. HdL will help prepare the Selection Committee by establishing interview questions, schedule the interviews and create evaluation forms. The interview panel should consist of at least three of the subject matter experts from the following departments: City Manager’s Office, Community Development, Finance, Fire and Police. Please note it is HdL’s recommendation that the City Attorney’s Office not participate on this panel in order to remain neutral in case of an appeal or potential litigation which they will have to defend. However, it will be the City’s sole discretion on how to address this issue. Objective 3: Final Selection and Issuance of Permits ➢ Following the objective ranking of the application materials and the interview panels scoring, HdL will assist the City Manager and staff during the presentation to City Council in the recommendation of for the issuance of the permits. ➢ HdL will be available to assist City staff with responses to questions or to provide other assistance at City Council meetings. 16.d Packet Pg. 180 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 7 III. COST HdL’s fee proposal is based on time, materials and travel expenses associated with the execution of the services. It is based on the current scope of services as outlined in Objectives 1 through 3 for a fee not to exceed $69,250. This fee is based on the current requirements presented to HdL by City staff in order to meet these requirements and the following assumptions: Scope of Service Objectives Estimated Hours of Labor/Budget Objective 1 – Program Oversight and Management 204 Hours/$51,000 Objective 2 – Interview Scheduling and Panel Support 56 Hours/$14,000 Objective 3 – Final Selection and Presentation 17 Hours/$4,250 Total 277 Hours / $69,250 Objective 1: Cost Assumptions – Program Oversight and Management ➢ Program management assumes project time will be conducted in a timely manner by the City and cost analysis is based on no more than 34 applications being submitted. Should the City receive more than 34 applications then the Consultant shall be compensated $2,000 for each additional application managed and reviewed. Objective 2: Interview Scheduling and Panel Support ➢ HdL will facilitate the scheduling of all interviews and assist the Selection Committee during the interview process. Objective 3: Final Selection and Issuance of the Permit ➢ HdL will assist the City Manager or his/her designee during the presentation to the City Council and on the awarding of the permits. 16.d Packet Pg. 181 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 8 IV. EXPERIENCE AND RESOURCES Key Personnel David McPherson, Cannabis Compliance Director David McPherson works with local agencies to prepare them to mitigate regulatory issues surrounding Proposition 64 and SB 94. Prior to joining the firm, David served 28 years in local government for the County of Orange and the cities of Newport Beach, San Jose and Oakland. David’s experience as a law enforcement officer, compliance auditor, and tax administrator has provided him a wealth of experience that makes him uniquely qualified to manage HdL’s Cannabis Management Program. While working for the City of Oakland, he became the first Tax Administrator in the Country to successfully tax, regulate and audit medical marijuana businesses. David has over 7 years of experience working with Cannabis regulatory programs. David is one of the state’s most recognized experts in cannabis regulatory policies, compliance implementation and tax policies. His unique knowledge in horticulture, processing and dispensary operations while working for the City of Oakland has made him one of the pioneers in creating a Cannabis Management Program. He uses his experience to assist local and state agencies in developing cannabis policies for regulation, compliance, auditing and economic development. He worked closely with the League of Cities and lobbyists on the development of the Medical Cannabis Regulation and Safety Act (MCRSA) and helped shape SB 94, the Medicinal Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). David provides technical support on cannabis-related matters to the League of Cities, the Police Chief’s Association, Rural County Representatives of California and the California State Association of Counties. In addition, David is working collaboratively with the Department of Consumers Affairs, Department of Food & Agriculture, Department of Health Services and the State Board of Equalization on the implementation of best practices for regulating the Cannabis Industry for local agencies. David received his Bachelor’s Degree in History from California State University, Fullerton and his Master’s Degree in Public Administration from California State University, Long Beach. While at Long Beach, he was named “Future Urban Administrator of the Year”. Tim Cromartie, Senior Cannabis Advisor Tim Cromartie, is the Senior Cannabis Advisor at HdL, in which his primary role is providing policy expertise related to cannabis regulatory and tax policies at the state and local level. Prior to joining the HdL team Tim served as the legislative representative covering public safety issues for the League of California Cities since 2013, with a heavy emphasis on 16.d Packet Pg. 182 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 9 shaping legislation governing state and local regulation of marijuana. He has been actively involved in educating cities on changes in the law resulting from the Medical Cannabis Regulation and Safety Act, as well as Proposition 64, the Adult Use of Marijuana Act. When these two Acts were merged into a single regulatory structure in 2017, Tim successfully advocated for clarification of local government’s regulatory and enforcement authority in the cannabis context, and for related environmental safeguards in cultivation operations, protections against over-concentration of businesses, regulation of testing labs, and the inclusion of fire safety standards and a definition of volatile solvents in state law governing cannabis manufacturing operations. Since then he has been engaged in educating local governments on the more recent Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), as well as advocating for a reduction in the cumulative state tax rate for cannabis, improvements in the state’s track-and-trace program, and the restoration of a statewide cultivation cap. Prior to the League, he held a variety of positions in the Legislature and state government, including legislative representative for CalPERS Governmental Affairs, legislative director and public safety consultant to former state Senator Gloria Romero, and field representative for Congresswoman Barbara Lee during her term in the state Senate. Mr. Cromartie holds degrees from the University of California at Berkeley (B.A. Political Science) and UC Hastings College of the Law. Tim is an ardent aviation buff and a member of the California Aerospace Museum at the site of the former McClellan Air Force Base in Sacramento. Matt Eaton, Cannabis Compliance Manager Matt Eaton is the Cannabis Compliance Manager at HdL and plays a critical role in implementing the Cannabis Compliance Program for local agencies. Prior to joining the firm, he was a progressive law enforcement professional with 29 years’ experience conducting criminal/regulatory investigations, and corporate/individual background investigations. While working as a Supervisory Investigator at the Colorado Department of Revenue in the Marijuana Enforcement Division (MED) Matt managed Criminal Investigators and civilian staff in the Denver Metro and Longmont Field Offices. During his six-year tenure at the MED, he conducted approximately 10,000 criminal investigations and compliance reviews which included regulatory and financial investigations. In addition, he is a subject matter expert on track and trace systems. He understands the complexity of reviewing data to ensure businesses are in compliance with state and local regulations. Matt was also responsible for planning, developing and implementing report and field inspection protocols for the agency. He also played an instrumental role in recommending changes to current regulations and identifying essential language for new legislation in the State of Colorado. Matt is well known for his ability to maintain working relationships with Cannabis Industry leaders and external stakeholders in resolving issues. 16.d Packet Pg. 183 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 10 Matt received his Bachelors of Science Degree from Biola University and currently maintains a Colorado Post Certificate. He has also served as an Adjunct Instructor teaching law enforcement principle related to criminology, correctional processes, procedural law, interviews, interrogations and criminal evidence at AIMS Community College in Greeley, Colorado. Mark Lovelace, Cannabis Policy Advisor Mark Lovelace has 16 years of broad experience in public policy, community engagement and advocacy and is recognized as a leader in advancing the statewide discussion of medical and recreational cannabis as a policy issue in California. Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where he was instrumental in developing a comprehensive approach to regulating cannabis, including a voter-approved tax on commercial cultivation and an innovative track and trace pilot program. Mark established and co-chaired the Medical Marijuana Working Group for the California State Association of Counties (CSAC) and helped draft CSAC’s legislative platform for cannabis issues. Mark pioneered the first-ever six-county regional summit on cannabis issues in 2015 which resulted in the North Coast Counties Marijuana Policy Statement. His work and input were pivotal in guiding the development of SB 643 and AB 243, two components of the Medical Cannabis Regulation and Safety Act (MCRSA). Mark has worked extensively with public agencies and statewide associations on cannabis issues, including CSAC, Rural County Representatives of California, the Association of California Water Agencies, the North Coast Resource Partnership, California Department of Fish and Wildlife, the State Water Board, the North Coast Regional Water Board, the Bureau of Medical Cannabis Regulation, state legislators, the Department of Justice, members of Congress and others. He has led numerous presentations, workshops and panel discussions on cannabis issues and has been a sought-after speaker on the topic for government agencies, community organizations and cannabis industry groups. Mark received his Bachelor of Science Degree in Industrial and Product Design from California State University, San Jose. Prior to his time on the Board, he worked for many years as a respected advocate on land use, planning, development and environmental issues. Kami Miller, Cannabis Senior Auditor Kami Miller is the Cannabis Senior Auditor at HdL who’s primary role is to ensure cannabis compliance and identify the risk assessment in the supply chain process of each permitted business. Prior to joining the firm, she served three years as a Marijuana Compliance Manager for the Department of Public Behavior and Health (DPBH) for the State of Nevada. During this time Kami played a key role in Nevada’s implementation of its Medical Marijuana Program in which she was responsible for statewide monitoring of medical marijuana facilities that included cultivation, production, testing labs and retail stores. 16.d Packet Pg. 184 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 11 While working as a Marijuana Compliance Manager for the DPBH for the State of Nevada Kami Managed Compliance Auditors and support staff in the Las Vegas Office. During her three-year tenure at the DPBH, she conducted approximately 1,000 compliance and financial inspections in which she developed the documentation for the inspection protocols in order to establish comprehensive reports. In addition, her experience in Nevada provided her the opportunity to learn the various track and trace systems that allowed her to develop industry supply chain practices for the Department of Taxation. Kami received her Bachelors of Business Administration in E-Commerce and Supply Chain Management from Tennessee State University. Stephanie Martin, Cannabis Outreach Coordinator With over 28 years of diversified law enforcement experience, Stephanie has used her training and expertise to develop community-based partnerships, create and implement outreach programs and apply her communication skills for media relations. Stephanie’s public service career included working as a Police Officer, Program Manager, and Community Affairs Officer for the Manhattan Beach Police Department. In these roles, Stephanie had supervisory responsibilities, managed budgets, performed training and interviewed/selected applicants. Stephanie also served as a DARE program coordinator for the City of Redondo Beach. Stephanie earned her Bachelor of Science degree from Chapman University in Orange California. Elizabeth Eumurian, Cannabis Senior Auditor Elizabeth Eumurian is a Senior Analyst in HdL’s Audit Department. Elizabeth previously worked for a large financial institution analyzing data for reporting anomalies and performing financial audits. She has also worked as a senior auditor in the entertainment industry. In this role, Elizabeth executed testing procedures for targeted audit programs, analyzed findings and prepared audit and compliance reports. Elizabeth earned her Bachelor of Arts degree in History from California State University, Fullerton. Adam Crabtree, CEO of Nationwide Compliance Specialists (HdL Strategic Partner) Adam Crabtree is the Founder and CEO of Nationwide Compliance Specialists, Inc. (NCS), headquartered in Denver, Colorado. After graduation, Adam began his career in banking, managing sales, operations and compliance for a Tier 1 bank. It was there that he recognized the inherent flaws and systemic disconnect between banks, state government, and the Cannabis Industry. Relying on his background in banking, his education, and his analytical acumen, he began to dig into the pain points that are at the center of these issues. It was at this point that the core of the NCS platform, the patent-pending predictive analytical algorithm, was born. The algorithm was written to gather numerous, seemingly unrelated, data points and analyze the interplay between them. After a successful testing period, NCS 16.d Packet Pg. 185 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 12 transformed the algorithm into a high-powered, near-real time, analytics engine capable of aggregating and analyzing tens of millions of data points that are then transformed into clear, concise, detailed reports. These reports are used to assist in decision-making and resource allocation in the financial, regulatory and governmental sectors. The NCS partnership with HdL has established a “one of a kind” financial auditing program which will help ensure that cannabis businesses are properly reporting taxes, fees and other data required by state and local agencies. Adam’s expertise with identifying and recognizing financial banking issues has given him the opportunity to work collaboratively with state and local officials as well as financial institutions in Colorado and California. He is often requested to conduct presentations about the current challenges for the Cannabis Industry and how the use of advanced analytics can help government overcome them. In addition, he has conducted presentations to the California State Assembly, Alaska Bar Association, State Board of Equalization, Native Nation, and numerous elected officials spanning from Hawaii to Massachusetts. Adam is a proud three- time graduate of the University of Colorado (BA, MBA, MSF). 16.d Packet Pg. 186 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the Proposal to Provide Cannabis Management Services for the City of San Bernardino April 15, 2018 13 V. REFERENCES Mark Evanoff Deputy City Manager City of Union City Phone: 510.675.5345 Email: marke@unioncity.org Clara Miramontes Assistant City Manager City of Perris Phone: 951.943.5003 Ext 272 cmiramontes@cityofperris.org Suzi Merriam Community Development Director City of Watsonville Phone: 831.768.3074 Email: suzi.merriam@cityofwatsonville.org Darlene Mata Community Development Director City of Hanford Phone: 559.585.2580 Email: dmata@cityofhanfordca.com 16.d Packet Pg. 187 Attachment: CD.HdL CSA Amendment.Resolution.A1 (CSA - Exhibit A) (5535 : Amendment Number One to Agreement with HdL for the 16.ePacket Pg. 188Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 189Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 190Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 191Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 192Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 193Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 194Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 195Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 196Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 197Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 198Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 199Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 200Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 201Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 202Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 203Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 204Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 205Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 206Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 207Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 208Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 16.ePacket Pg. 209Attachment: CD.HdL CSA Amendmnet.A2 (Original 11.13.2017) (5535 : Amendment Number One to Agreement with HdL for the Cannabis 17.a Packet Pg. 210 Attachment: PD.SBPD, SBIAA Staff Report (5536 : Agreement with the San Bernardino International Airport Authority) reimbursed on an as-needed basis. The City shall be the sole employer of any Police Officers who may be assigned to provide law enforcement services to the SBIAA. All Officers shall work at the direction of the Chief of Police of the City of San Bernardino or designee. Said eight officers shall be reevaluated annually and may be re-assigned at any time as deemed necessary and appropriate by the City. • The City shall identify one sworn member of the San Bernardino Police Department (SBPD) Executive Staff to serve as liaison to the SBIAA for Airport related issues, projects and events. • All SBPD officers shall be under the direction of the SBPD when performing under this agreement. San Bernardino International Airport (SBD) Officers shall follow normal protocol for supervisory notification. • Major incidents or investigations outside the Airport Operations Area will follow SBPD Standard Operations Procedures (SOP). Incidents inside the Airport Operations Area will be managed under the direction of the Director of Aviation or identified designee consistent with the SBD Airport Security Plan. • Services rendered under this Agreement shall be requested by the Director of Aviation or designee based upon service levels identified in the Airport Security Plan and consistent with regulatory requirements of the TSA. These services may include, but are not limited to: specific TSA regulatory requirements, VIP or dignitary operations, special events, or other extra-ordinary Airport operations as requested. Emergency response shall not be considered as a compensable service rendered under this Agreement. Emergency response services may include, but are not limited to: typical law enforcement services in and around the Airport, response to circumstances that involve an imminent threat, physical injury or death to any person, response to natural disasters, and other activities typical of a municipal law enforcement agency. The term of this Agreement shall be five (5) years; commencing July 1, 2018, and ending June 30, 2023, unless sooner terminated or extended by agreement between the City of San Bernardino and SBIAA, in writing within 30 days, and executed prior to the date of termination. The office and hangar occupancy rate is at 90%. The San Bernardino International Airport experienced 58,000 flights with ramp activity in 2017 and 160 international flights. Airport security is responsible for patrolling airport grounds, off-site property, and guarding high priority aircraft, according to USAF and Boeing standards. They enforce airport and FAA rules while conducting escorting duties for Hollywood film shoots and other airport activities. They will also become an integral part of the airport plan with the start of passenger airline service at SBD. The current SBPD/SBIAA agreement calls for the airport sergeant (SBPD) to manage the unit and supervise up to fifty guards. The 17.a Packet Pg. 211 Attachment: PD.SBPD, SBIAA Staff Report (5536 : Agreement with the San Bernardino International Airport Authority) security detail is operational year round, 24 hours a day. The sergeant oversees a $1.1M budget and is responsible for recruiting, hiring, training, scheduling, supervising, purchasing vehicles and equipment, investigating internal issues, and disciplining employees. Recognizing that these duties are too much for one person to handle successfully, effectively, or efficiently, SBIAA airport security force will manage these tasks going forward. The Police Captain will act as a liaison. The eight (8) trained SBPD Officers will be deployed as needed. 2018-2019 Goals and Objectives The Police Department will provide law enforcement services to the San Bernardino International Airport, an agency within the jurisdictional boundaries of the City of San Bernardino, aligning with Goal No 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact Currently, SBIAA reimburses 100% of the total salary and benefits of one police sergeant budgeted at $259,000. Under the new model, the City will be reimbursed 25% of the total salary and benefits of a Police Captain ($78,342.50 in FY 2018/19). The net impact is a reduction of revenue of $180,658, which has been considered in the proposed 2018/19 budget. However, an elimination of 100% of a police sergeant position from the department will result in the $78,342.50 as revenue. Additionally, pursuant to services rendered under the terms of this agreement SBIAA will reimburse all costs related to aviation and airport training for eight police officers on an as needed basis. Aviation and airport training costs for each police officer is estimated at $4,082.10. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution authorizing a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services. Attachments Attachment 1 – Resolution Attachment 2 – Service Agreement Ward: All Synopsis of Previous Council Actions: On May 20, 2013, the Mayor and City Council adopted Resolution No. 2013-2475, approving a Master Services Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire Related Services. On August 20, 2012, the Mayor and City Council adopted Resolution No. 2012-220, authorizing the Mayor and Common Council to execute a Master Services Agreement between SBIAA and the City. 17.a Packet Pg. 212 Attachment: PD.SBPD, SBIAA Staff Report (5536 : Agreement with the San Bernardino International Airport Authority) 17.a Packet Pg. 213 Attachment: PD.SBPD, SBIAA Staff Report (5536 : Agreement with the San Bernardino International Airport Authority) 1 2 3 4 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.2018-137 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE SERVICES WHEREAS, the current Master Services Agreement with San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire Related Services expires June 30, 2018; and WHEREAS, police services to the San Bernardino International Airport Authority (SBIAA) require modification to provide an updated security model to be managed by the SBIAA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a 5-Year Agreement between the City of San Bernardino and the San Bernardino International Airport Authority for law enforcement services from the San Bernardino Police Department, attached hereto as “Attachment 1” and incorporated herein. /// /// /// /// /// /// /// 1 17.b Packet Pg. 214 Attachment: PD.SBPD, SBIAA Agreement - Resolution (5536 : Agreement with the San Bernardino International Airport Authority) 1 2 3 4 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, CALIFORIA, AUTHORIZING A SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE 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 17.b Packet Pg. 215 Attachment: PD.SBPD, SBIAA Agreement - Resolution (5536 : Agreement with the San Bernardino International Airport Authority) 2018-2023 SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE SERVICES This SERVICE AGREEMENT ("Agreement") is made and entered into as of the 1st day of July, 2018 (“Effective Date”), by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et seq., for the joint exercise of powers ("SBIAA") and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California ("City"). The SBIAA and the City hereby agree as follows: 1. Enactment of the City The San Bernardino International Airport (“SBIAA” or “Airport”) is located within the jurisdictional boundaries of the City of San Bernardino, and such, receives law enforcement protection and services from the City of San Bernardino. In addition to standard law enforcement protections, the SBIAA hereby engages the City to provide additional police services described in Sections 2 and 3 of this Agreement. The City hereby accepts such engagement and agrees to provide such services under this Agreement during the term specified in Section 2. Designated Law enforcement officers (LEOs) responsible for responding to the Airport will meet current Police Office Standards and Training (POST) qualifications, training, as well as arrest authorizations required by the Transportation Security Administration. 2. Police Services 2.1 The City shall identify eight (8) sworn officers to be trained on applicable state and federal laws specific to aviation and airports. The City shall be the sole employer of any Police Officers who may be assigned to provide law enforcement services to the SBIAA. All Officers shall work at the direction of the Chief of Police of the City of San Bernardino or his or her designee. Said eight (8 officers shall be reevaluated annually and may be re-assigned at any time as deemed necessary and appropriate by the City. 2.2 The City shall identify one sworn member of the San Bernardino Police Department (“SBPD”) Executive Staff to serve as liaison to the SBIAA for Airport related issues, projects and events. 2.3 All SBPD officers shall be under the direction of the SBPD when performing under this agreement. SBD Airport Officers shall follow normal protocol for supervisory notification. 2.4 Major incidents or investigations outside the Airport Operations Area will follow SBPD Standard Operations Procedures (SOP). Incidents inside the Airport Operations Area will be managed under the direction of the Director of Aviation or identified designee consistent with the SBD Airport Security Plan. 17.c Packet Pg. 216 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) 2.5 Services rendered under this Agreement shall be requested by the Director of Aviation, or designee, based upon service levels identified in the Airport Security Plan and consistent with regulatory requirements of the TSA. These services may include, but are not limited to specific TSA regulatory requirements; VIP or dignitary operations; special events or other extra-ordinary Airport operations as requested. Emergency response shall not be considered as a compensable service rendered under this Agreement. Emergency response services may include, but are not limited to, typical law enforcement services in and around the Airport; response to circumstances that involve an imminent threat, physical injury or death to any person, response to natural disasters, and other activities typical of a municipal law enforcement agency. 3. Training 3.1 As mutually agreeable with SBPD, SBIAA will recommend and coordinate Airport LEO training courses for the identified SBPD Officers. Course expenses and travel accommodations shall be reimbursed from the SBIAA to the City upon receipt of an invoice. 3.2 The SBIAA will coordinate additional familiarization training to assigned officers on Airport property regarding Airport specific policies, procedures, and regulations including, but not limited to, geographical access points, areas of responsibility, authority within Federal jurisdictions, (e.g. Airport Operations Area), communication with the air traffic control tower, and familiarization and engagement with Airport management and security. 4. Term and Compensation 4. 1 City Services shall commence on the Effective Date and shall continue until the termination date of the Agreement as identified in Section 4.2, unless otherwise modified by written agreement of the parties upon thirty-(30) day prior written notice. Services shall be provided by the City on an as needed basis by the SBIAA. When possible, extraordinary meetings and events requiring SBPD representation will be scheduled in advance through SBPD Executive Staff. 4.2 The term of this Agreement shall be five (5) years, commencing on July 1, 2018, and unless sooner terminated or extended by agreement of the City and the SBIAA in writing upon thirty (30) days prior written notice, and executed prior to date of termination, shall terminate on June 30, 2023. 4.3 SBIAA shall reimburse City for all actual expenses when SBPD services are rendered under this Agreement. Said reimbursement shall also include 25 percent of the Captain’s salary (at the burdened rate) for professional law enforcement support. 5. Indemnification and Insurance 5.1 Indemnification City agrees to indemnify and hold harmless SBIAA and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from City’s intentional or negligent acts or omissions committed during City’s performance of its obligations under this Agreement. Upon a finding of liability hereunder, City shall pay all costs or expenses incurred by SBIAA on account of such liability. 17.c Packet Pg. 217 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) SBIAA agrees to indemnify and hold harmless City and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from District’s intentional or negligent acts or omissions committed during SBIAA’s performance under this Agreement. Upon a finding of liability hereunder, SBIAA shall pay all costs or expenses incurred by City on account of such liability. In the event City and/or SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, City and/or SBIAA shall indemnify the other to the extent of its comparative fault. 5.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the Executive Director to the City shall be construed so as to create a partnership, joint venture or SBIAA relationship between the parties hereto. 5.1.3 The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as “attorney’s fees” for the purposes of this paragraph. 6.0 Insurance 6.2 Insurance The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the SBIAA protecting said City, the SBIAA, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 6.2.1 The City shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the City in the performance of the duties described herein. 6.2.2 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty, covering the performance of the services herein ordered. 6.2.3 Within ten (10) days after the acceptance of this Agreement by the SBIAA, the City shall deliver to the SBIAA certificates of insurance evidencing that insurance has been purchased by the City as required in this Section 6.2.3 and copies of endorsements providing (i) thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the insurers to the SBIAA, and (ii) automobile liability and comprehensive general liability insurance shall include the SBIAA, its commissioners, officials, officers, employees, and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the SBIAA at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the SBIAA of a notice of cancellation of the insurance policy(ies) by the City's insurance company(ies) shall constitute a material breach of this Agreement and this Agreement may be terminated by the SBIAA upon written notice. All policies of insurance required and provided by the City under this Section 6.2 shall include, or be endorsed to provide, a 17.c Packet Pg. 218 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) waiver by the insurers of any rights of subrogation that the insurers may have at any time against the SBIAA, its commissioners, officials, officers, employees and agents. 6.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self-insurance program for any of the insurance requirements indicated in this Section 6.2. The City shall provide the SBIAA with evidence of excess coverage upon written request. 6.2.5 The SBIAA shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the City protecting said SBIAA, the City, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the SBIAA’s activities in connection with the performance of this Agreement, whether such activities be of the SBIAA, the SBIAA’s agent, or of anyone employed by the SBIAA. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 6.2.6 The SBIAA shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the SBIAA in the performance of the duties described herein. 6.2.7 The SBIAA shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty, covering the performance of the services herein ordered. 6.2.8 Within ten (10) days after the acceptance of this Agreement by the City, the SBIAA shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the SBIAA as required in Section 6.2.7 and copies of endorsements providing (i) thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the insurers to the City, and (ii) automobile liability and comprehensive general liability insurance shall include the City, its commissioners, officials, officers, employees, and agents as additional insured. Said certificates of insurance and copies of endorsements shall be on file with the City at all times thereafter during the term of this Agreement. Failure of the SBIAA to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies) by the SBIAA 's insurance company(ies) shall constitute a material breach of this Agreement and this Agreement may be terminated by the City upon written notice. All policies of insurance required and provided by the SBIAA under this Section 6.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the City, its commissioners, officials, officers, employees and agents. 6.2.9 Notwithstanding the foregoing, the SBIAA may substitute a bona fide self-insurance program for any of the insurance requirements indicated in this Section 6.2. The SBIAA shall provide the City with evidence of excess coverage upon written request. 17.c Packet Pg. 219 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) 7. Miscellaneous. 7.1 Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, to the respective parties at the addresses indicated below: If to SBIAA: San Bernardino International Airport Authority 1601 East Third Street San Bernardino, CA 92408 Attn: Executive Director If to City: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Attn: City Manager With copies to: San Bernardino Police Department Any party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed. 7.2 Integration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. 7.3 Severability. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 7.4 Amendment: Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental approval, if required. 7.5 Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. 7.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 7.7 Headings. The headings of Sections of this Agreement have been inserted for convenience of reference and shall not affect the interpretation of any provisions of this Agreement. 17.c Packet Pg. 220 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) 7.8 Assignment. Neither party hereto shall assign, hypothecate, or otherwise transfer such party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the other party hereto. 7.9 Renegotiation of the Agreement. The City and the SBIAA agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and approved by the SBIAA and the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY By:______________________ Date: ___________ Michael Burrows, Executive Director SEAL ATTEST: By:______________________ Clerk of the Board CITY OF SAN BERNARDINO By:______________________ Date: ___________ Andrea M. Miller, City Manager SEAL ATTEST: Approved as to form: Gary D. Saenz, City Attorney By:______________________ By:__________________________ City Clerk 17.c Packet Pg. 221 Attachment: PD.SBPD, SBIAA Agreement - Attachment (5536 : Agreement with the San Bernardino International Airport Authority) 18.a Packet Pg. 222 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.REPORT (5537 : BNSF Agreement Related to the Mount Vernon Avenue Viaduct acquisition and construction of the Mt. Vernon Avenue grade separation over the BNSF Railroad. Contract No. 16-1001477, Cooperative Agreement was approved on June 6, 2016 specifically authorizing SBCTA to proceed with the environmental clearance, design and right-of-way phases of the project. Discussion Since BNSF is one of the major owners of the railroad operations under the bridge, it has been necessary to work closely with them to develop a design and construction sequence that will minimize disruption to its rail operations. Accommodating BNSF has resulted in escalation of the cost of the bridge replacement project. Many of the proposed improvements in the railroad yard will be of long term benefit to BNSF. The City, SBCTA and BNSF have met numerous times over the past few years in an effort to determine how the railroad costs should be shared between the parties. Meetings and negotiations involving BNSF, SBCTA and the City have produced the attached Preliminary Engineering Agreement (Agreement). This is primarily a funding Agreement which establishes BNSF’s contribution to the project as $29,500,000. The exact way these funds will be paid, whether cash or equivalent work, will be negotiated in the Construction and Maintenance (C&M) Agreement. The C&M Agreement will outline the responsibilities of each party involved in the Mt. Vernon Bridge replacement project, including ownership and maintenance responsibilities of the parties after construction is completed. The C&M Agreement is currently being negotiated and is expected to be completed in 2019. Demolition of the existing bridge is expected to occur in late 2019. Under terms of the Agreement, BNSF will commence Preliminary Engineering of work to be done in its yard. The cost of that work, estimated at $486,545, will be reimbursed by SBCTA and is expected to be completed in approximately 9 months. Subsequent to that BNSF can begin work on building relocations that are necessary to clear the way for the new shooflys to be installed along the north side of the yard. Installation of the shooflys will be coordinated with the demolition of the existing bridge. The total cost of mitigation work on BNSF property is estimated at $56,300,000. That amount will be paid by a combination of BNSF, Federal Aid, SBCTA and City funds. The total cost of the project is currently estimated to be $150,000,000. The City will be responsible for approximately 4% of that cost or approximately $5.2 million based on the latest information we have from SBCTA. City and SBCTA staff are recommending approval of the Preliminary Engineering Agreement. 2018-2019 Goals and Objectives This project is consistent with Goal 4 “Ensure Development of a Well-Planned. Balanced and Sustainable City” since it will contribute to well-maintained streets for 18.a Packet Pg. 223 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.REPORT (5537 : BNSF Agreement Related to the Mount Vernon Avenue Viaduct sustained economic growth. Fiscal Impact There will be no immediate financial impact due to this action. Funding for this project is adequate for FY 2017/18; however, funds will need to be allocated in future fiscal years to cover the City’s share of the cost of right-of-way acquisition and construction. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution approving BNSF Agreement No. BF-10011068 related to the Mount Vernon Avenue Viaduct Replacement Project. Attachments Attachment 1 – Resolution; Exhibit A- Preliminary Engineering Agreement Ward: 1,3 Synopsis of Previous Council Actions: 12-01-03 Adopted resolution approving Professional Environmental Services Agreement with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. 03-15-04 Resolution No. 2004-73 authorizing execution of Professional Services Agreement with LAN Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the BNSF railroad in the amount of $49,000. 12-20-04 Resolution No. 2004-399 adopted approving Amendment No. 2 to Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad and Resolution No. 2004-400 adopted approving Amendment No. 1 with Jones & Stokes for additional environmental services for the Mt. Vernon viaduct over the BNSF Railroad. 09-17-07 Resolution No. 2007-382 adopted approving Amendment No. 3 to Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad. 10-20-08 Resolution No. 2008-405 adopted approving Amendment No. 4 to Services Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. 03-01-10 Resolution No. 2010-036 adopted approving Amendment No. 5 to Services Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. 02-16-16 Mayor and Common Council authorized staff to develop a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as Lead Agency for environmental clearance, design, right-of-way acquisition and construction of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SS04-12). 05-16-16 Adopted Resolution approving a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as Lead Agency for environmental clearance, design, right-of-way acquisition and construction of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SS04-12). 06-06-16 Adopted Resolution No. 2016-109 approving Contract No. 16-1001477, Cooperative Agreement with the San Bernardino Associated Governments (SANBAG) for the development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SS04-12). 18.a Packet Pg. 224 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.REPORT (5537 : BNSF Agreement Related to the Mount Vernon Avenue Viaduct 1 2 3 4 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. 2018-138 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING BNSF AGREEMENT NO. BF-10011068 (SBCTA CONTRACT NO. 17-1001621) RELATED TO THE MOUNT VERNON AVENUE VIADUCT REPLACEMENT PROJECT OVER THE BNSF RAILWAY INTERMODAL YARD (SS04-012) BY AND AMONG BNSF RAILWAY COMPANY, A DELAWARE CORPORATION, THE CITY OF SAN BERNARDINO, A CHARTER CITY AND MUNICIPAL CORPORATION UNDER THE CONSTITUTION AND LAWS OF THE STATE OF CALIFORNIA, AND THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY. 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 and directed to execute on behalf of the City, the Preliminary Engineering Agreement related to the Mount Vernon Avenue Viaduct Replacement Project over the BNSF Railway Intermodal Yard (SS04-012), attached hereto and incorporated herein as Exhibit “A.” SECTION 2. The authorization to execute the above-referenced Agreement is rescinded if it is not executed by all parties and returned to the Office of the City Clerk within one-hundred twenty (120) days of the passage of this Resolution. /// /// /// /// /// /// /// /// /// /// 1 18.b Packet Pg. 225 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.RESOLUTION (5537 : BNSF Agreement Related to the Mount Vernon Avenue Viaduct 1 2 3 4 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 BNSF AGREEMENT NO. BF-10011068 (SBCTA CONTRACT NO. 17-1001621) RELATED TO THE MOUNT VERNON AVENUE VIADUCT REPLACEMENT PROJECT OVER THE BNSF RAILWAY INTERMODAL YARD (SS04-012) BY AND AMONG BNSF RAILWAY COMPANY, A DELAWARE CORPORATION, THE CITY OF SAN BERNARDINO, A CHARTER CITY AND MUNICIPAL CORPORATION UNDER THE CONSTITUTION AND LAWS OF THE STATE OF CALIFORNIA, AND THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted b y 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 18.b Packet Pg. 226 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.RESOLUTION (5537 : BNSF Agreement Related to the Mount Vernon Avenue Viaduct ENGINEERING AGREEMENT BNSF Agreement No. BF-10011068 SBCTA Contract No. 17-1001621_____ City Contract No. ____SS04-012 This Engineering Agreement (“AGREEMENT”) related to the Mount Vernon Avenue Viaduct Replacement Project over BNSF Railway Intermodal Yard is entered into as of the EFFECTIVE date (defined below) by and among BNSF RAILWAY COMPANY, a Delaware corporation (“BNSF”); CITY OF SAN BERNARDINO, a charter city and municipal corporation under the Constitution and laws of the State of California (“CITY”); and SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”). BNSF, CITY and SBCTA are hereinafter individually referred to as a “Party” and collectively referred to as the (“PARTIES ”). CITY and SBCTA are hereinafter collectively referred to as the “PUBLIC ENTITY”. RECITALS WHEREAS, the Mount Vernon Avenue Viaduct (“VIADUCT”) over the BNSF Railway Intermodal Yard, Main Tracks and Storage Tracks (collectively, the “BNSF Yard”) in the City of San Bernardino, California was constructed in 1934 and is an important public transportation facility, for businesses, residents, commuters and emergency services; WHEREAS, in 1997, Caltrans inspectors determined that the VIADUCT had a sufficiency rating of less than 50 out of a possible 100. Bridges rated less than 50 are considered to be structurally deficient and functionally obsolete. In 2004 and again in 2008, temporary shoring was installed on the existing bridge as a precautionary measure. The shoring was repaired and upgraded in 2014 under a permit from BNSF which is valid for ten years. The temporary shoring restricts BNSF’s ability to maximize the utilization of the BNSF Yard; WHEREAS, the PUBLIC ENTITY proposes to remove and replace the existing VIADUCT over the BNSF Yard, while making improvements to existing streets, storm drains, traffic signals and related work necessitated by the VIADUCT removal and replacement (hereinafter collectively referred to as the “PROJECT” and as further described in the draft 2018 Supplemental Environmental Assessment dated April, 2018); WHEREAS, the PARTIES wish to efficiently and expeditiously coordinate and complete the PROJECT, in order to minimize impacts and inconvenience to the local community, to limit interference with BNSF’s operations and to restore the operation of the VIADUCT to the public; WHEREAS, the PARTIES have continued to revise the PROJECT with the goal of reducing construction time and thereby reduce impacts to the businesses, residents, commuters, BNSF and emergency services, and have updated the PROJECT cost estimate, inclusive of mitigation costs, to $150 million; WHEREAS, the PARTIES wish to identify and design various mitigation measures which are intended to reduce and offset the PROJECT's impacts to BNSF's operations and to reduce the duration in which the VIADUCT will be fully out of service to the community; 18.c Packet Pg. 227 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue WHEREAS, BNSF is willing to commence engineering work to identify and define the scope and nature of such mitigation and is prepared to contribute Twenty-Nine Million Five Hundred Thousand Dollars ($29,500,000) (the “BNSF Contribution”) toward the cost of part of the total PROJECT; WHEREAS, the Parties contemplate entering into a Construction and Maintenance Agreement (“C&M”) and one or more agreements related to conveyances of properties that will be needed to offset parking impacts to BNSF as a result of the PROJECT (collectively, the C&M and such other agreements are referred to as the “Project Agreements”) once the final design of the mitigation and the overall PROJECT has been agreed upon by the Parties; WHEREAS, the purpose of this AGREEMENT is to authorize BNSF to commence design engineering for such railroad mitigation work associated with the PROJECT. The design engineering will include an engineer’s estimate for railroad mitigation work (“ESTIMATE”), which ESTIMATE will be incorporated into the C&M. AGREEMENT NOW, THEREFORE, the Parties hereby agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. BNSF’s mitigation engineering design shall be managed by BNSF which includes but is not limited to: engineering design of all BNSF buildings, structures, lighting, fencing, electrical and mechanical services, drainage, pavement, site grading, replacement parking and shoofly track(s), and generating an ESTIMATE for all aforementioned items. 3. BNSF will submit its railroad mitigation work engineering plans, specifications and estimates (“BNSF PS&E”) to SBCTA for review and comment upon completion of 30%, 60%, 90% and final BNSF PS&E. BNSF shall use best efforts to submit BNSF PS&E to SBCTA in accordance with the schedule attached hereto as Exhibit A and incorporated herein. The Parties agree to meet and confer in good faith to resolve any comments on PS&E to the mutual satisfaction of the Parties. 4. The cost to perform the preliminary design engineering for all of the railroad mitigation work (“COST”) is estimated to be Four Hundred Eighty-Six Thousand Five Hundred Forty-Five and No/100 Dollars ($486,545.00), as shown on Exhibit B attached hereto and made a part hereof. For purposes of this Agreement, “COST” means all actual and reasonable costs and expenses incurred by BNSF or a BNSF contractor or consultant in the performance of any of the preliminary design engineering work contemplated in this AGREEMENT including all actual costs and expenses of labor, travel, vehicles, lodging, meals, supplies, machinery, tools and materials incurred for or in connection with BNSF’s provision of the Services, federally approved additives, overhead, applicable sales, use, business and occupation, public utility taxes or any other tax, government charged or assessed fee, or other like assessment or charge. SBCTA will reimburse BNSF the COST under the terms and conditions of the Project Agreements. 5. The Parties agree that any further contribution of funds by BNSF is contingent upon the Parties execution of the Project Agreements. 6. The Parties agree that: (i) the ESTIMATE and the BNSF PS&E will be incorporated into the total PROJECT estimate and design that will be included and be a part of the C&M; 18.c Packet Pg. 228 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue (ii) SBCTA shall have no obligation to fund any portion of the railroad mitigation work that exceeds forty-eight million three hundred and twenty-five thousand dollars ($48,325,000) minus any credits given BNSF for railroad mitigation work (“SBCTA Mitigation Payment”), and (iii) BNSF shall have no obligation to fund any portion of the PROJECT cost above the BNSF Contribution. 7. BNSF shall provide SBCTA upon written request, evidence of the COST incurred by BNSF pursuant to this AGREEMENT. SBCTA agrees to notify BNSF promptly upon any determination that the PROJECT is financially infeasible or that environmental clearance issues cause the PROJECT to be unduly delayed. BNSF may cease work on the BNSF PS&E upon any such determination whereupon none of the Parties shall have any further obligation under this AGREEMENT. 8. The Parties do not intend to create any third party beneficiaries hereto and expressly provide that this AGREEMENT does not create any such third party beneficiaries. 9. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said Parties and that by executing this AGREEMENT the Parties hereto are formally bound to this AGREEMENT. 10. Except on subjects preempted by federal law, this AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, without giving effect to that body of laws pertaining to conflict of laws. Except on subjects preempted by federal law, the Parties agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. The Parties agree that BNSF is not a contractor of the Public Entity for purposes of this AGREEMENT or otherwise in connection with the Project. The Parties explicitly acknowledge and agree that BNSF is not intended to be a “contractor” or “subcontractor”, within the meaning of, or as those terms are used in or defined in, California Government Code sections 8350 et seq., California Government Code section 12990, and California Code of Regulations, title 2, sections 11100(d) and 11100(f). 11. The Parties hereto agree that all actions or proceedings arising in connection with this AGREEMENT shall be tried and litigated either in the Superior Court of the State of California for the County of San Bernardino. The aforementioned choice of venue is intended by the Parties to be mandatory and not permissive in nature. 12. Federal audit requirements (HBP Funds). BNSF and SBCTA shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to COST incurred under this Agreement. BNSF and SBCTA shall make such materials available at their respective offices where such materials are kept in the normal course of their respective business at all reasonable times during the AGREEMENT term and for three years from the date of this AGREEMENT. The state, State Auditor, SBCTA, FHWA, or any duly authorized representative of the federal government shall have access to any such materials that are pertinent to the COST for audit, examinations, excerpts, and transactions. 13. If any clause or provision of this AGREEMENT is fully and finally determined by a court of competent jurisdiction to be illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the illegal, invalid or unenforceable clause or provision shall be deemed severed from this AGREEMENT and the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. 18.c Packet Pg. 229 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue 14. This AGREEMENT cannot be amended or modified in any way except in writing, signed by all Parties hereto. 15. Neither this AGREEMENT, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any Party without the prior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect. 16. No waiver of any default shall constitute a waiver of any other default whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 17. It is mutually understood that this AGREEMENT does not obligate the PROJECT to be constructed or in any way limit any Party's discretion to comment on, approve or disapprove any additional environmental documentation which may be required either under the California Environmental Quality Act or the National Environmental Policy Act whether as a lead agency, responsible agency or interested party. Should such additional environmental documentation not be approved, in any Party's sole and absolute discretion, the Parties shall have no obligation to any other Party to enter into the Project Agreements. 18. In the event of litigation arising from this AGREEMENT, each Party to this AGREEMENT shall bear its own costs, including attorney(s) fees. 19. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. 20. The Parties agree to commence negotiation of the Project Agreements upon the EFFECTIVE date. The Parties understand that if environmental documentation of the PROJECT is approved, it is in the best interests of the public for SBCTA to award a design-build contract as soon as feasible after environmental approval of the PROJECT, and that the C&M must be in effect before the final Request for Proposals for the design- build contract is issued. The Parties shall negotiate diligently and in good faith the terms of the C&M to completion which will set forth how the BNSF Contribution and the SBCTA Mitigation Payment will be paid and the obligations of the Parties with respect to the PROJECT. The C&M will include federal audit, invoicing, records retention and other requirements associated with the PROJECT’s receipt of HBP funding. 21. Any notice required, authorized or permitted to be given hereunder or any other communications between the Parties provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier to the relevant party at the address stated below: BNSF: French Thompson Director of BNSF Public Projects 2650 Lou Menk Dr. OOB 3rd Floor Fort Worth, TX 76131 SBCTA: Paula Beauchamp Director of Project Delivery 18.c Packet Pg. 230 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue 1170 West Third Street, Second Floor San Bernardino, CA 92410-1715 CITY: Trish Rhay Director of Public Works 290 North “D” Street San Bernardino, CA 92401 IN WITNESS THEREOF, this AGREEMENT has been executed by the Parties hereto and is effective (“EFFECTIVE”) on the date signed by the last Party. SIGNATURES ON FOLLOWING PAGES: 18.c Packet Pg. 231 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue BNSF RAILWAY COMPANY SIGNATURE PAGE BNSF RAILWAY COMPANY By: ____________________________ Name Title: Date:___________________ 18.c Packet Pg. 232 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY SIGNATURE PAGE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: ____________________________ Alan D. Wapner President, Board of Directors Date:___________________ APPROVED AS TO FORM: By:_____________________ Eileen Monaghan Teichert General Counsel By:_____________________ Jeffery Hill Procurement Manager 18.c Packet Pg. 233 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue CITY OF SAN BERNARDINO SIGNATURE PAGE CITY OF SAN BERNARDINO By:___________________ Andrea M. Miller City Manager Date:___________________ ATTEST: __________________________ Georgeann Hanna, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:_____________________ 18.c Packet Pg. 234 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue EXHIBIT A BNSF PS&E SUBMITTAL SCHEDULE Percentage Months after Complete Agreement Effective Date 30%: 5 months 60%: 7 months 90%: 8.5 months 100%: 9 months Bid Docs: 9.5 months 18.c Packet Pg. 235 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue EXHIBIT B RAILROAD MITIGATION WORK DESIGN ENGINEERING COST BNSF-Mount Vernon Bridge Replacement Project Wilson & Company Cost Proposal - April 19, 2017 Engineering Estimate Project Management $33,278 Civil Track $77,955 Parking Lot $65,904 Architecture $69,180 Electrical $114,554 Mechanical $84,622 Structural $8,872 Survey $14,000 Geotechnical $18,180 Total Engineering Design Fee $486,545 18.c Packet Pg. 236 Attachment: PW.Mt Vernon Bridge Funding Agrmt BNSF.EXHIBIT A 04-12-18 (5537 : BNSF Agreement Related to the Mount Vernon Avenue 19.a Packet Pg. 237 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Staff Report (5538 : Amendment No. 1 to the Agreement for recommended that the Agreement be retroactively extended to December 31, 2018. This is a federally funded project through Highway Bridge Program (HBP) in the amount of $2,567,250. 2018-2019 Goals and Objectives This project is consistent with Goal No 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. This project will contribute to well-maintained streets for sustained economic growth. Fiscal Impact There is no general fund financial impact due to this action. Conclusion It is recommended the Mayor and City Council adopt a Resolution approving Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the replacement of 2nd Street Bridge at Warm Creek. Attachments Attachment 1 – Location Map Attachment 2 – Resolution; Exhibit “A”- Amendment No. 1 Ward: 1 Synopsis of Previous Council Actions: 06-16-14 Approved Resolution No. 2014-234 awarding an Agreement to Tetra Tech for the design of bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411. 12-05-16 Approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program(MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Second Street Bridge Replacement Project, Bridge #54C-0411. 19.a Packet Pg. 238 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Staff Report (5538 : Amendment No. 1 to the Agreement for ATTACHMENT 1 PROJECT LOCATION LOCATION MAP SECOND STREET BRIDGE OVER WARM CREEK BRIDGE REPLACEMENT PROJECT 19.b Packet Pg. 239 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Attacment 1 - Location Map (5538 : Amendment No. 1 to the 1 2 3 4 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.2018-139 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. 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 Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the replacement of 2nd Street Bridge at Warm Creek, Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411, a copy of which is attached as Exhibit “A” and incorporated herein. SECTION 2. This Amendment shall not take effect until it is fully signed and executed by the parties, and no party shall be obligated hereunder until the time of such full execution. No oral contracts, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. The authorization to execute this Amendment No. 1 is rescinded if the parties to the Agreement fail to execute it and return it to the office of the City Clerk within sixty (60) days of the passage of this Resolution. / / / / / / / / / / / / / / / / / / Page 1 of 2 19.c Packet Pg. 240 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Attachment 2- Resolution revised (5538 : Amendment No. 1 to the 1 2 3 4 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 EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. 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:______________________ Page 2 of 2 19.c Packet Pg. 241 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Attachment 2- Resolution revised (5538 : Amendment No. 1 to the EXHIBIT “A” AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. This AMENDMENT is made and entered into this______ day of ____________, 2018, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the “City” and TETRA TECH, hereinafter referred to as “Consultant." WITNESSETH: A. WHEREAS, on June 16, 2014 the Mayor and City Council adopted Resolution No. 2014-234 awarding an Agreement to Tetra Tech for the design of the bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS- 5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411 (Project); and B. WHEREAS, on December 5, 2016 the Mayor and City Council approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program(MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the 2nd Street Bridge Replacement Project, Bridge #54C-0411; and C. WHEREAS, based on the original scope of services, the expiration date of the Agreement for Services was established as June 30, 2017; and D. WHEREAS, the Project is continuing and the services of the Consultant will be needed through December 31, 2018; and E. WHEREAS, the Consultant concurs with extending the expiration date of the Agreement to December 31, 2018. NOW THEREFORE, the parties hereto agree as follows: 1. Section 4.1 “Term” of said Agreement for Services is hereby amended to extend the term of this Agreement to December 31, 2018, unless terminated sooner as provided herein. 2. All other terms and conditions of said Agreement for Services approved by Resolution Nos. 2014-234 and 2016-247 shall remain unchanged. - 1 - 19.d Packet Pg. 242 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Attachment 2-EXHIBIT A revised (5538 : Amendment No. 1 to the Amendment No. 1 to Agreement for Services with Tetra Tech. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO TETRA TECH By: __________________________ By: ___________________________ Andrea M. Miller, City Manager Signature Print Name/Title ATTEST: __________________________ Georgeann Hanna, City Clerk Approved as to form: Gary D. Saenz, City Attorney By: _______________________ - 2 - 19.d Packet Pg. 243 Attachment: PW.Tetra Tech Amend 1 to Agreement for 2nd St Bridge Replace.Attachment 2-EXHIBIT A revised (5538 : Amendment No. 1 to the 20.a Packet Pg. 244 Attachment: PW.Fairview Ford (4) F-250 Super Duty Servcice Trucks-Consent Calendar(f) (5539 : Issuance of a Purchase Order to Fairview Ford repairing the City streets, sidewalk, curbs and gutters. This will ensure a safe environment for the citizen of San Bernardino. Fiscal Impact Sufficient funding is available in the Adopted FY2017/2018 Budget. 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 Fairview Ford in the amount of $108,022.04. Attachments Attachment 1 – Resolution; Exhibit A – RFQ F-18-09 Ward: Synopsis of Previous Council Actions: None 20.a Packet Pg. 245 Attachment: PW.Fairview Ford (4) F-250 Super Duty Servcice Trucks-Consent Calendar(f) (5539 : Issuance of a Purchase Order to Fairview 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 NO. 2018-140 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO FAIRVIEW FORD IN THE AMOUNT OF $108,022.04 FOR THE PURCHASE OF FOUR (4) NEW 2019 FORD F-SERIES SUPER DUTY F-250 4X2 SERVICE TRUCKS WHEREAS, on March 28, 2018, a Request for Bids (No. F-18-09), attached hereto as Exhibit A, was issued with a closing date of April 16, 2018; and WHEREAS, in response to the Request for Bids, a total of two bids were received by interested vendors; and WHEREAS, Fairview Ford was the lowest responsive bidder through formal bid F-18- 09 on April 17, 2018. 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 Fairview Ford in the amount of $108,022.04, for the purchase of four 2019 Ford F- Series Super Duty F-250 4X2 service trucks. /// /// /// /// /// /// /// /// /// /// 1 20.b Packet Pg. 246 Attachment: PW.Issuance of PO to Fairview Ford for 4 F-250 Service Trucks.RESOLUTION (5539 : Issuance of a Purchase Order to Fairview 1 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 FAIRVIEW FORD IN THE AMOUNT OF $108,022.04 FOR THE PURCHASE OF FOUR (4) NEW 2019 FORD F-SERIES SUPER DUTY F-250 4X2 SERVICE TRUCKS 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 20.b Packet Pg. 247 Attachment: PW.Issuance of PO to Fairview Ford for 4 F-250 Service Trucks.RESOLUTION (5539 : Issuance of a Purchase Order to Fairview 20.c Packet Pg. 248 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 249 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 250 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 251 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 252 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 253 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 254 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 255 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 256 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 20.c Packet Pg. 257 Attachment: PW.Fairview Ford.2019 4-Super Duty Trucks.Exhibit A (5539 : Issuance of a Purchase Order to Fairview Ford for the Purchase of 21.a Packet Pg. 258 Attachment: CM.SB County Fire District.Prescribed Burn Fire Training Exercise.STAFF REPORT (5540 : San Bernardino County Fire Protection Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt the Resolution, authorizing the San Bernardino County Fire Protection District to conduct a prescribed burn fire training exercise on City owned property located along North Little Mountain Drive. Attachments Attachment 1 Resolution; Exhibit A - Hold Harmless Agreement and Exhibit B – San Bernardino Live Burn Fire Training Map Ward: All Synopsis of Previous Council Actions: 21.a Packet Pg. 259 Attachment: CM.SB County Fire District.Prescribed Burn Fire Training Exercise.STAFF REPORT (5540 : San Bernardino County Fire Protection 1 2 3 4 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. 2018-141 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT TO CONDUCT A LIVE FIRE TRAINING EXERCISE AND PRESCRIBED BURN ON CITY-OWNED PROPERTY LOCATED ALONG NORTH LITTLE MOUNTAIN DRIVE WHEREAS, The City of San Bernardino has historically suffered the loss of lives, homes and property due to wildland fires spreading into its northern wildland-urban interface; and WHEREAS, the current conditions including vegetation growth, climate and topography combine to make the potential for another local-area wildland fire extremely high; and WHEREAS, the San Bernardino County Fire Protection District is responsible for providing fire supersession services in the City of San Bernardino; and WHEREAS, the San Bernardino County Fire Protection District wishes to conduct live fire training exercise and prescribed burn along North Little Mountain Drive in the City of San Bernardino; and WHEREAS, the City of San Bernardino owns property along North Little Mountain Drive that will be included in the San Bernardino County Fire Protection District’s live fire training exercise and prescribed burn; and WHEREAS, the City of San Bernardino supports the efforts of the San Bernardino County Fire Protection District in the mitigation of fire hazards impacting City residents and businesses located near North Little Mountain Drive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The San Bernardino County Fire Protection District is hereby authorized to conduct a live fire training exercise and prescribed burn pursuant to the Hold Harmless Agreement, attached hereto as Exhibit “A”, on the City owed property identified in Exhibit “B” attached hereto beginning on June 4, 2018. /// /// 1 21.b Packet Pg. 260 Attachment: CM.SB County Fire District.Prescribed Burn Fire Training Exercise.RESOLUTION.docx (5540 : San Bernardino County Fire 1 2 3 4 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 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT TO CONDUCT A LIVE FIRE TRAINING EXERCISE AND PRESCRIBED BURN ON CITY-OWNED PROPERTY LOCATED ALONG NORTH LITTLE MOUNTAIN DRIVE 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 21.b Packet Pg. 261 Attachment: CM.SB County Fire District.Prescribed Burn Fire Training Exercise.RESOLUTION.docx (5540 : San Bernardino County Fire 21.c Packet Pg. 262 Attachment: CM.SB County Fire District.Hold Harmless Agreement (5540 : San Bernardino County Fire Protection District – Fire Training EXHIBIT A21.d Packet Pg. 263 Attachment: CM.SB County Fire District.Prescribed Burn Fire Training Exercise Map.EXHIBIT A (2) (5540 : San Bernardino County Fire 22.a Packet Pg. 264 Attachment: SBMWD.Water.GolfCourseLease.1.Report (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, Inc. amendments were assigned to new owners, J.G. Golfing Enterprises, Inc. by Resolution 81-365. Copies of the original lease and all amendments are on file with the City Clerk’s office. Discussion The golf course experienced a steady decline in business activity over the last several years. As such, the City of Riverside has been working with Hillwood to redevelop the property. The City of Riverside entered into a ground lease with GSW#4 Development, LLC, and is proceeding with developing their portion of the golf course into an industrial warehouse. On December 20, 2017, the Mayor and City Council approved an amendment to the General Plan Land Use Designation and Zoning Designation (Ord. No. MC-1450) of the 62.02 acre parcel owned by the City of Riverside. The City of Riverside property was reclassified from Public Commercial Recreation (PCR) to Industrial Light (IL). The Water Department waited for the golf course to cease operations before bringing this item forward to terminate the Lease Agreement. J.G. Golfing Enterprises, Inc. ceased operations as of March 19, 2018. On April 10, 2018, the Water Board approved forwarding the termination and ratification to the Mayor and City Council. The termination will be retroactively effective March 19, 2018. The Water Department is working with The First Tee on a plan for the remainder of the golf course on the City’s property. The First Tee will be bringing forward a proposal to develop a youth program to benefit the community. Fiscal Impact There is no fiscal impact from this action. While the lease provided revenue to the Sewer Fund, the golf course ceased operations on March 19, 2018 and no further rental payments are expected. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution approving the Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, Inc. for the portion of property located at the south end of the Water Reclamation Plant, terminating the Lease effective March 19, 2018. Attachments Attachment 1 – Map of area leased by City of San Bernardino Attachment 2 – Map of area leased by City of Riverside Attachment 3 – Resolution; Exhibit A Ward: 3 Synopsis of Previous Council Actions: 22.a Packet Pg. 265 Attachment: SBMWD.Water.GolfCourseLease.1.Report (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, Inc. ATTACHMENT 1 Golf Course Area Leased from City of San Bernardino 22.b Packet Pg. 266 Attachment: SBMWD.Water.GolfCourseLease.2.SBMap (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, ATTACHMENT 2 Golf Course Area Leased from City of Riverside 22.c Packet Pg. 267 Attachment: SBMWD.Water.GolfCourseLease.3.RiversideMap (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing 1 2 3 4 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. 2018-142 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., TERMINATING THE LEASE 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 and directed to execute on behalf of the City of San Bernardino the Fifth Amendment to the Use Lease and Agreement with J.G. Golfing Enterprises, Inc., attached hereto as Exhibit “A” and incorporated herein by this reference. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 22.d Packet Pg. 268 Attachment: SBMWD.Water.GolfCourseLease.4.Resolution (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, 1 2 3 4 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 FIFTH AMENDMENT TO THE USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., TERMINATING THE LEASE 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 22.d Packet Pg. 269 Attachment: SBMWD.Water.GolfCourseLease.4.Resolution (5541 : Fifth Amendment to Use Lease and Agreement with J.G. Golfing Enterprises, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH AMENDMENT TO LEASE THIS FIFTH AMENDMENT TO LEASE is entered into this _____ day of _________ 2018, at San Bernardino, California, by and between the CITY OF SAN BERNARDINO (hereinafter called Lessor) and J.G. GOLFING, INC., dba San Bernardino Golf Couse, (hereinafter called Lessee). WHEREAS, The City of San Bernardino leased certain property located at 1494 South Waterman Avenue, San Bernardino, California, by lease dated March 9, 1966 to Harvey Hard and Associates for golf course purposes; and WHEREAS, on or about August 17, 1981 said lease was assigned by W.E. Leonard and Barbara Leonard, to J.G. Golfing Enterprises, Inc., dba San Bernardino Golf Course; and WHEAREAS, it is now desired to amend, modify and terminate the term of said lease so that the lease will expire effective March 19, 2018. NOW, THEREFORE, in consideration of the provisions, covenants and agreements of said Lease, Paragraph 2 of the Lease is amended to read as follows: “2. Term: The Term of this Lease shall commence on the 19th of May, 1966 and shall terminate on March 19, 2018.” All other covenants, conditions, terms and provision of said prior lease and amendments thereto shall remain the same and remain in full force and effect. /// /// /// /// /// /// /// /// Page 1 22.e Packet Pg. 270 Attachment: SBMWD.FIFTH AMENDMENT TO JG GOLF LEASE_SPGrev.2018.04.03 (5541 : Fifth Amendment to Use Lease and Agreement with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH AMENDMENT TO LEASE IN WITNESS WHEREOF, this Fifth Amendment is executed by Lessor and Lessee acting by and through their authorized officers. CITY OF SAN BERNARDINO: J.G. Golfing, Inc.: Date: _____ / _____ / 2018 Date: _____ / _____ / 2018 _________________________________ By: ________________________________ Andrea M. Miller, City Manager Its: ________________________________ APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ______________________________ Page 2 22.e Packet Pg. 271 Attachment: SBMWD.FIFTH AMENDMENT TO JG GOLF LEASE_SPGrev.2018.04.03 (5541 : Fifth Amendment to Use Lease and Agreement with 23.a Packet Pg. 272 Attachment: PW.RMRA.SB1 Staff report (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) funding. All projects proposed to receive funding must be included in the City budget that is adopted by the City Council at a regular public meeting. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The City must also report on Maintenance of Effort (MOE) compliance to document that the SB1 funds are increasing the City’s expenditure on road maintenance rather than supplanting City funds. City Impact The City expects to receive an allocation of $3,603,048 in FY 2018/19 that can be used for road maintenance and rehabilitation, safety projects, complete street components, or traffic control devices. Staff recommends using the RMRA funds for the street segment rehabilitation within the City as shown on Exhibit “A” attached. 2018-2019 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned, Balanced and Sustainable City. The Project will contribute to well-maintained streets for sustained economic growth Fiscal Impact The estimated construction costs of the street segments through the City as shown on Exhibit “A” are approximately $4,000,000 total appropriations. Current appropriations include $396,952 in Fund 129, Measure I. After receiving FY 2018/19 RMRA funds, $4,000,000 in total revenue will be available for the identified projects. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Resolution approving the allocation of the City’s FY 2018/19 SB 1 Road Maintenance and Rehabilitation Account (RMRA) funding. Attachments Attachment 1 – Resolution; Exhibit “A” – Location Listing Ward: All Synopsis of previous actions: 12/20/2017 Resolution No. 2017-242 adopted approving a list of Projects to receive Road Maintenance and Rehabilitation Account funding for FY 2017/18. 23.a Packet Pg. 273 Attachment: PW.RMRA.SB1 Staff report (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) 1 2 3 4 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.2018-143 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A LIST OF PROJECTS TO RECEIVE ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of San Bernardino are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of San Bernardino must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of San Bernardino will receive Road Maintenance and Rehabilitation Account (RMRA) funds, estimated at the amount of $3,603,048, approving the associated project list for expenditure of RMRA funds as the City’s project for fiscal year 2018/2019; and WHEREAS, this is the second year in which the City of San Bernardino is receiving SB 1 funding and will enable the City of San Bernardino to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and 1 23.b Packet Pg. 274 Attachment: PW.RMRA Proposed Project List.RESOLUTION (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) 1 2 3 4 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, the City of San Bernardino has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of San Bernardino used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of San Bernardino maintain and rehabilitate streets/roads infrastructure throughout the City of San Bernardino for FY 2018/19 and several similar projects into the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of San Bernardino’s streets and roads are in fair condition. This revenue will help us increase the overall quality of our road system and, over the next decade, help us improve the condition of our streets and roads; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, 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 on behalf of the City of San Bernardino to submit the filled-in form identified as Senate Bill (SB) 1 Proposed Project List for FY 2018/19 attached to this Resolution and marked Exhibit “A” containing the street segments projects, to the Commission to receive RMRA funds. /// /// 2 23.b Packet Pg. 275 Attachment: PW.RMRA Proposed Project List.RESOLUTION (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) 1 2 3 4 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 LIST OF PROJECTS TO RECEIVE ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING 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: 3 23.b Packet Pg. 276 Attachment: PW.RMRA Proposed Project List.RESOLUTION (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PAVEMENT REHABILITATION FOR 25 STREETS (SS18-002, SS18-003 SS17-003) LOCATION LISTING COST SPREADSHEET SB-1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT EXHIBIT "A" TO RESOLUTION Street Name limits Estimated Cost Sierra Way Arrowhead Avenue "J" Street Davidson Street Garner Avenue Evans Street Wilson Street 8th Street Union Street Western Avenue little Mountain Drive Waterman Avenue Commercial Road "H" Street Pumalo Street Hunts Ln Arrowhead Avenue Baseline Street Central Avenue Pacific Street Central Avenue Grand Avenue Western Avenue California Street Inland Center Drive 9th Street to Baseline Street 7th Street to 9th Street 8th Street to 11th Street 16th Street to 19th Street Baseline Street to 14th Street Western Avenue to Medical Center Drive 9th Street to Baseline Street Medical Center Drive to Mt Vernon Avenue Mt Vernon Avenue to Western Avenue Union Street to 9th Street Kendall Drive to 30th Street Mill Street to Central Avenue Waterman Avenue to Steele Road 48th Street to Northpark Blvd Golden Avenue to Date Place Harwick Drive to Commercial Dr 5th Street to 7th Street "H" Street to "E" Street Pacific Street to SR210 City limits (Olive) to Central Avenue SR210 to Highland Avenue College Avenue to Varsity Avenue Kendall Drive to 48th Street 30th Street to Cajon Blvd G Street to Adell Street $200,000 $100,000 $150,000 $100,000 $75,000 $75,000 $150,000 $375,000 $100,000 $100,000 $400,000 $150,000 $200,000 $200,000 $200,000 $100,000 $100,000 $150,000 $100,000 $100,000 $100,000 $110,000 $100,000 $165,000 $400,000 TOTAL $4,000,000 23.cPacket Pg. 277Attachment: PW.RMRA - Exhibit A (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) 23.cPacket Pg. 278Attachment: PW.RMRA - Exhibit A (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) 23.cPacket Pg. 279Attachment: PW.RMRA - Exhibit A (5542 : SB 1 Road Maintenance and Rehabilitation Account Funding) Staff Report City of San Bernardino Request for Council Action Date: May 16, 2018 To: Honorable Mayor and City Council Members From: Virginia Marquez, Council Member First Ward By: Renee Brizuela, Administrative Assistant to City Council Subject: San Bernardino Hometown Heroes Military Banner Sub- Committee Update Recommendation Receive a report on the San Bernardino Hometown Heroes Military Banner City Council Sub-Committee by Council Member Virginia Marquez, Sub-Committee Chair, and review, discuss and provide direction related to relocating the 12th Military Banner Unveiling to Inland Valley Development Agency. Background The San Bernardino Hometown Heroes Military Banner Program was established by the Mayor and City Council on August 1, 2011. On September 6, 2011 the Mayor and City Council adopted the criteria for the Military Banner Program, which is included as Attachment 1. The Program recognizes the brave men and women of San Bernardino currently serving the United States Armed Forces. Personalized banners are displayed on streets throughout the City to honor, celebrate and remind residents of their dedication to our Country. Applications are accepted on an on-going basis. Honorees must be on active duty in the United States Armed Forces, current resident, or have immediate family who reside in the City, or have graduated from a San Bernardino high school. The purchase of banners and hardware is funded entirely through donations. As of April 26, 2018, the Military Banner Trust Account had a balance of $11,597, as illustrated in the Military Trust Account included as Attachment 2. The cost for each banner is approximately $300. Based on funding availability, priority is given to service persons who are current residents of the City of San Bernardino. Since inception of the Military Banner Program, the Military Banner unveiling ceremonies have been held in the Council Chambers and recorded by Inland Empire 24.a Packet Pg. 280 Attachment: Council.Military Banner Ad Hoc Committee Update - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Media Group (IEMG) as part of the regularly scheduled Mayor and City Council meetings. Discussion On April 26, 2018, the San Bernardino Military Banner Sub-Committee met along with staff to discuss the logistics for the 12th Military Banner unveiling. The recommendation was made to relocate the 12th Military Banner unveiling ceremony on May 30, 2018, to the Inland Valley Development Agency (IVDA). The cost for banners and refreshments will be paid for from the Military Banner Trust Account. There is no cost to the City for use of the facility for this specific event. Relocating the event to IVDA will require allocation of City staff for the following: • Transport and set up display stands outside of City facilities. • Set up the room with refreshments, banners and exterior signage leading to the IVDA Board Room. • Master of Ceremonies (Mitch Cochran, Director of Information Technology) • IEMG to record and replay the event separately from the regularly scheduled City Council Meetings. City Staff Responsibilities for the Military Banner Program: • Installation/removal of banners at designated locations, including hardware on light poles. • Maintain the Military Banner interactive map identifying each of the locations where banners are located. • Process donations, deposits, track and maintain list of applications and account funding. • Contact by phone, mail and/or email the honoree semi-annually to ensure the honoree is still an active member of the United States Armed Forces. • Schedule and prepare agenda and supporting documentation for the Military Banner Sub-Committee meetings. • Information Technology prepares the graphics for the banners prior to sending to vendor for printing. Mayor, City Council and City Manager Goals and Objectives The Military Banner Sub-Committee program aligns with Goal Number 5 Improve City Government Operations by providing residents with open communication regarding City programs and by promoting a sense of City pride. Fiscal Impact It is anticipated that the cost for banners and refreshments for this event will be approximately $3,100. There is sufficient funding in the Military Banner Trust Account for this expense. The total account balance is $11,597.68. 24.a Packet Pg. 281 Attachment: Council.Military Banner Ad Hoc Committee Update - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino review, discuss and provide direction related to relocating the 12th Military Banner Unveiling to IVDA. Attachments Attachment 1 San Bernardino Hometown Military Banner Program Criteria. Attachment 2 Military Banner Account Ledger. Ward: ALL WARDS Synopsis of Previous Council Actions: 11-15-2017 Approve purchase order in the amount of $10,000.00. 04-17-2017 Eleventh unveiling of the San Bernardino Hometown Heroes Military Banners. 04-03-2017 Committee update report given. 10-17-2016 Tenth unveiling of the San Bernardino Hometown Heroes Military Banners. 10-10-2016 Committee update report given. 09-16-2016 Approve purchase order in the amount of $5,000.00. 11-02-2015 Ninth unveiling of the San Bernardino Hometown Heroes Military Banners. 10-05-2015 Approve purchase order in the amount of $4,500.00. 03-16-2015 Eighth unveiling of the San Bernardino Hometown Heroes Military Banners. 01-20-2015 Approve purchase order in the amount of $4,500.00. 06-16-2014 Seventh unveiling of the San Bernardino Hometown Heroes Military Banners. 06-02-2014 Committee update report given. 03-17-2014 Sixth unveiling of the San Bernardino Hometown Heroes Military Banners. 03-03-2014 Committee update report given. 01-21-2014 Committee update report given. 06-17-2013 Fifth unveiling of the San Bernardino Hometown Heroes Military Banners. 06-03-2013 Committee update report given. 05-27-2013 Fourth unveiling of the San Bernardino Hometown Heroes Military Banners at Norton Air Force Base Museum (Fallen Soldiers). 05-20-2013 Committee update report given. 03-18-2013 Third unveiling of the San Bernardino Hometown Heroes Military Banners. 03-18-2013 Committee update report given. 12-03-2012 Updated Criteria for the San Bernardino Hometown Heroes Military Banner Program. 07-16-2012 Second unveiling of the San Bernardino Hometown Heroes Military Banners. 07-02-2012 Committee update report given. 04-02-2012 Unveiling of the San Bernardino Hometown Heroes Military Banners. 03-19-2012 Committee update report given. 12-19-2011 Committee update report given. 09-06-2011 Criteria for the San Bernardino Hometown Heroes Military Banner Program approved. 08-01-2011 Creation of the San Bernardino Hometown Heroes Military Banner Program approved. 24.a Packet Pg. 282 Attachment: Council.Military Banner Ad Hoc Committee Update - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner 24.b Packet Pg. 283 Attachment: Council.Military Banner.Attachment 1 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.b Packet Pg. 284 Attachment: Council.Military Banner.Attachment 1 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.b Packet Pg. 285 Attachment: Council.Military Banner.Attachment 1 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.b Packet Pg. 286 Attachment: Council.Military Banner.Attachment 1 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.c Packet Pg. 287 Attachment: Council.Military Banner.Attachment 2 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.c Packet Pg. 288 Attachment: Council.Military Banner.Attachment 2 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.c Packet Pg. 289 Attachment: Council.Military Banner.Attachment 2 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee 24.c Packet Pg. 290 Attachment: Council.Military Banner.Attachment 2 - Virginia Marquez (5543 : San Bernardino Hometown Heroes Military Banner Sub-Committee Staff Report City of San Bernardino Request for Council Action Date: May 16, 2018 To: Honorable Mayor and City Council Members From: Henry Nickel, Council Member Fifth Ward By: Renee Brizuela, Administrative Assistant to City Council Subject: Legislative Action Day 2018 – April 18, 2018 Recommendation Receive an oral report by Council Member Nickel. Background On April 18, 2018, Council Member Nickel attended the Legislative Action Day 2018 in Sacramento, CA. Discussion Council Member will provide an oral report on Legislative Action Day 2018 at this evening’s meeting. Mayor, City Council and City Manager Goals and Objectives He attended the League of California Cities Legislative Action Day to gain knowledge for future policy making decisions. It aligns with Goal Number 3 which is to Create, Maintain and Grow Jobs and Economic Value in the City. Fiscal Impact There is no financial impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the oral report. Attachments Attachment 1 – § 532323- Government Code on Reporting Trips Attachment 2 - AB 1234 Report on Meetings Attended Attachment 3 – Legislative Action Day 2018 Agenda 25.a Packet Pg. 291 Attachment: Council.Legislative Action Day 2018 - Henry Nickel (5544 : Legislative Action Day 2018 – April 18, 2018) § 53232.3. Expense report forms, CA GOVT § 53232.3 © 2014 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s Annotated California Codes Government Code (Refs & Annos) Title 5. Local Agencies (Refs & Annos) Division 2. Cities, Counties, and Other Agencies (Refs & Annos) Part 1. Powers and Duties Common to Cities, Counties, and Other Agencies (Refs & Annos) Chapter 2. Officers and Employees (Refs & Annos) Article 2.3. Compensation (Refs & Annos) West’s Ann.Cal.Gov.Code § 53232.3 § 53232.3. Expense report forms Effective: January 1, 2006 Currentness (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Credits (Added by Stats.2005, c. 700 (A.B.1234), § 3.) West’s Ann. Cal. Gov. Code § 53232.3, CA GOVT § 53232.3 Current with all 2013 Reg.Sess. laws, all 2013-2014 1st Ex.Sess. laws, and Res. c. 123 (S.C.A.3) End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works. 25.b Packet Pg. 292 Attachment: Council.LAD § 532323- Government Code on Reporting Trips(Attachment 1) (5544 : Legislative Action Day 2018 – April 18, 2018) 25.c Packet Pg. 293 Attachment: Council.LAD AB 1234 REPORT ON MEETINGS ATTENDED(Attachment 2) (5544 : Legislative Action Day 2018 – April 18, 2018) 25.d Packet Pg. 294 Attachment: Council.Legislative Action Day Agenda 4-18-18 (5544 : Legislative Action Day 2018 – April 18, 2018) 26.a Packet Pg. 295 Attachment: PW.Verdemont Community Center Continued Staff Report (5545 : Verdemont Community Center) Discussion The information requested by the Mayor and Council focused on four major topics: 1. Provide more refined detail on funds expended to date and the companies hired by the City to complete the work. 2. Options available for the City to recover costs from responsible companies/parties for failure to obtain permits and/or complete construction to plan or code. 3. Details on funding spent on other City Community Centers 4. Community Considerations 1. Expenditures to-date Table 1 below details of all costs and associated contractors identified through staff research. There are five stages of work and costs included in this summary: Original Development Plan In June of 2007, the Mayor and City Council authorized the award of a professional services contract with David Evans and Associates to prepare the preliminary plan for the proposed Verdemont Community Center. The contract amount was $113,567. The total billed amount from David Evans and Associates was $86,797.53. This preliminary plan was for the entire complex which included the Community Center building, two basketball courts and an amphitheater. The costs were not allocated to each feature of the complex therefore the direct cost to the building alone cannot be determined. The spreadsheet uses and 50% cost allocation to the building design. Modular Plan/Construction In September of 2009, the Mayor and City Council (MCC) authorized the issuance of a Request for Proposals for site development planning and appropriated $300,000 prior to the placement of a modular unit at Al Guhin Park. MCC authorized the award of the site development plan to TransTech Engineers and in February, 2010. The total amount paid to TransTech was $86,660. In January, 2011, MMC authorized the purchase of the modular units from William Scotsman for $86,778.22. Once the modular units were purchased, two vendor service agreements were issued for Construction management and construction services. The MCC authorized the award of a construction contract to Roadway Engineering for $374,615. One change order was authorized by the MCC to increase the contact amount to $382,915. Evan Construction Management Services received a contract for $24,900, authorized by the City Manager. Mitigation Measures during Occupancy As a result of defective roof construction and inadequate perimeter drainage, water was allowed to seep through the external walls and cause water damage and mold growth. These costs involve testing and cleanup of mold contamination. 26.a Packet Pg. 296 Attachment: PW.Verdemont Community Center Continued Staff Report (5545 : Verdemont Community Center) Rehabilitation In November of 2016, staff was directed to begin rehabilitation work on the closed Verdemont building. The correction list provided by the Community Development, dated 12/19/2011, was used to scope the required work and several Selected Source Purchase agreements were established with Revive Restoration, LLC, West Eco Construction, Staforelli Design and Building, MSP Construction and Tetra Tech, Inc. These rehabilitation efforts focused mainly on the interior systems of the facility. However, the primary life and health safety issue of the perimeter foundation wall was not address. Once the interior demolition began, it became evident that there were several unidentified issues with the building construction. The decision was made at that point to stop work and re-evaluate the best options for this facility. Evaluation On 10/29/2017, Miller Architecture completed the VCC Evaluation report. This report is a primary source of data used for the April 4, 2018 MCC staff report recommendation. Resolution Building Park Features Original Development Plan 8/07 - 11/08 David Evan & Assoc 2007-205 Prepare Preliminary Plans - Original Design 86,797.53$ 43,398.77$ 43,398.77$ Modular and Park Ammenity Construction 6/10 - 3/11 TransTech 2010-34 Design of Community Center - Modular Design 86,660.00$ 43,330.00$ 43,330.00$ 5/2011 San Bernardino Municipal Water Fire hydrant and Service Connection 15,450.00$ 15,450.00$ 06/2011 William Scotsman Inc 2011-11 Purchase Modulars 86,678.22$ 86,678.22$ 10/10 - 6/11 Evans Construction Management Service Construction Management 24,900.00$ 12,450.00$ 12,450.00$ 06/11 - 11/11 Roadway Engineering and Contracting, Inc 2011-09 Construction 606,577.00$ 395,129.00$ 211,448.00$ 09/2011 Hilltop Geotechnical Inc.Testing and Inspection 6,613.50$ 6,613.50$ 826,878.72$ 559,650.72$ Mold Mitigation 04/2012 Environcare Consulting, Inc.Testing 850.00$ 850.00$ 06/2012 Indoor Environmental Control Inc.Mold Removal 4,430.00$ 4,430.00$ 5,280.00$ 5,280.00$ Rehabilitiation 11/16 West Cost Eco Construction Prep 12,500.00$ 12,500.00$ 12/16 Revive Restoration Storage container, inventory and move 18,481.90$ 18,481.90$ 12/16 Revive Restoration Staging, Material Acquisition, Disassembly 11,500.00$ 11,500.00$ 12/16 Staforelli Design & Building Truss system repairs 3,450.00$ 3,450.00$ 12/16 Tetra Tech, Inc Construction Management 14,235.00$ 14,235.00$ 2/17 - 4/17 MSP Construction Fire system repair 36,041.00$ 36,041.00$ 12/16 Revive Restoration 7,194.00$ 7,194.00$ 103,401.90$ 103,401.90$ 11/17 Evaluation Study of VCC conditions 14,800.00$ 14,800.00$ Total 1,037,158.15$ 726,531.39$ 310,626.77$ Table 1 - Verdemont Expediture Summary 26.a Packet Pg. 297 Attachment: PW.Verdemont Community Center Continued Staff Report (5545 : Verdemont Community Center) Of note, although a $500,000 Federal grant was awarded for this project, these funds were not spent and returned due to the ongoing issues with this facility. 2. Options to Recover Costs The Verdemont Community Center project was constructed in 2011. The city used standard contract terms with all vendors related to the project. The City Manager and City Attorney will work with City staff to explore potential methods of recovering the City’s costs and will present those options to the City Council in closed session as appropriate. 3. Capital Costs Related to Other Community Centers There has been one Community Center that has had a major capital project completed in the last 40+ years. In 2015, the Anne Shirrells Community Center was constructed using a similar modular unit design. However, there were no additional park amenities scoped or constructed as part of the overall project. The total cost of this capital project was $704,139.82. The funding source for this project is detailed as follows: • 1/12/12 – Former Redevelopment Agency purchased modular units to be used for the Anne Shirrell’s project in the amount of $ 158,096.00 • 8/17/2015 – Resolution # 2015-186 approving the execution of a VSA and issuance of a purchase order, with NBI General Contractor’s, Inc. in the amount of $ 549,143.00 funded by the Community Development Block Grant Program 4. Community Considerations Staff has been contacted by Verdemont area residents with questions and input on this project. Of particular interest are options related to saving the foundation. Questions received included: • Availability and use of photos taken at the time of construction to validate foundation construction • Availability of inspection methods to verify foundation construction and the possibility to remove and replace the existing building on the current foundation Staff has been unable to locate any photos of the foundation construction. However, the Community Development Department (CD) was consulted to determine if photos were available, would this be sufficient evidence to get approval for a Certification of Occupancy. While CD has allowed photos to be used in place of some physical inspections, this would not be the case for a critical structural component such as the foundation. Methods for post-construction inspection are available. These inspections would need to address both the concrete work and soils conditions of the site. Destructive and non-destructive methods of inspections for the foundation concrete work are available. However, any evaluation of these systems post construction would be a Professional Engineer’s documentation of opinion and not specifically a guarantee of code compliance or long term performance. 26.a Packet Pg. 298 Attachment: PW.Verdemont Community Center Continued Staff Report (5545 : Verdemont Community Center) 2018-2019 Goals and Objectives Goal No. 5 Improve City Government Operations by providing transparency to the Community. Fiscal Impact Final fiscal impact is dependent on Mayor and City Council direction. The total cost of the April 4, 2018 recommended option of demolishing the building is $190,000. The $60,000 demolition cost will be funded with available resources in the Verdemont Capital Improvement Fund. The remaining $130,000 to restore the site and install and play equipment will be funded through the FY 2017/18 Adopted Capital Improvement Program Budget. Conclusion It is recommended that the Mayor and City Council direct the Public Works Department to prepare bid documents and solicit bids for demolition/restoration of the Verdemont Community Center project site. 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. Attachments Attachment 1 – April 4, 2018 Mayor and City Council Meeting Agenda Item #19 – Verdemont Community Center Ward: Fifth Ward 04/04/2018 - Mayor and City Council Meeting Agenda Item #19 – Verdemont Community Center 26.a Packet Pg. 299 Attachment: PW.Verdemont Community Center Continued Staff Report (5545 : Verdemont Community Center) 26.b Packet Pg. 300 Attachment: PW.Verdemont Staff Report (5545 : Verdemont Community Center) 26.b Packet Pg. 301 Attachment: PW.Verdemont Staff Report (5545 : Verdemont Community Center) 26.b Packet Pg. 302 Attachment: PW.Verdemont Staff Report (5545 : Verdemont Community Center) Utah Nevada Idaho California 1177 Idaho Street Suite 200 Redlands, CA 92374 P 909.335.7400 F 909.335.7299 An Architectural Corp. Evaluation Report of the Verdemont Community Center at Al Guhin Park 10/29/17 3664 W. Little League Dr. San Bernardino, CA 92407 26.c Packet Pg. 303 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) Table of Contents Property Description ..........................................................................................1 Building History .................................................................................................1 Executive Summary ...................................................................................... 1-2 Legend / Definitions ..........................................................................................3 Findings ....................................................................................................... 4-21 Cost Estimate .................................................................................................. 22 ‘Exhibit 1’ - City Inspection ........................................................................ 23-25 ‘Exhibit 2’ - Grand Jury Findings ............................................................... 26-28 26.c Packet Pg. 304 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) PROPERTY DESCRIPTION Parcel No.: 0261-172-21 Zoning: PP (Public Park) General Plan: Open Space Physical Address: 3664 W. Little League Dr San Bernardino, CA 92407 Total Building area: 4,320 SF Year Constructed: 2011 Number of stories: 1 Fire Sprinklers: No Type of construction: (6) 12 x 60 Modular Buildings Building Occupancy: B – Office A – Assembly Building Use: Community Center BUILDING HISTORY: The purpose of this report is to provide an architectural, structural engineering and roofing assessment of the existing 4,320 SF pre-manufactured modular facility that is owned by the City of San Bernardino and is located on City owned land in the Al Guhin Park. Currently the facility is vacant but was previously used as a Community Center. The facility was constructed in 2011 but the contractor failed to obtain the proper inspections during construction. On September 30, 2011 the facility was opened for public use without the issuance of a “Certificate of Occupancy”. In December 2011 the Community Development Department conducted several inspections to ascertain if the work was in conformance with the approved building plans and relevant building codes. Since most of the work was covered it was difficult to establish a complete list of deficient of missing items that may exist on the project. Attached as ‘Exhibit 1’ is a copy of the report dated December 19, 2011 that was performed by Jack Masters, the Building Inspection Supervisor. Given that the construction was complete the inspection performed was only visual and did not necessarily include a complete list of deficiencies that may be present. In May of 2012 members of the Grand Jury visited the facility and prepared their findings and recommendations regarding the facility and determined that the City cease operation of the Community Center. Attached as ‘Exhibit 2’ is a copy of the Final report from the San Bernardino County Grand Jury. EXECUTIVE SUMMARY: The building has been toured and a visual survey was performed to identify the building structure, foundation and roofing components. The survey was performed to document the existing condition of the facility components so that a study could be prepared of the existing conditions compared to the approved permitted drawing provided by the owner. The following report provides an evaluation of the building structural integrity and provides recommendations as to how these deficiencies can be addressed. 1 26.c Packet Pg. 305 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) The facility requires structural strengthening to meet CBC requirement for assembly usage, ADA improvements, new acoustical suspension system and lighting, AC ductwork / pipe bracing and roof replacement because the existing roof covering is deteriorating and is in poor condition. Repair and replacement of flashing, drip edge, etc. is also needed to many portions of this roof system to provide a weather proof deck. There are many instances where ADA path of travel to the site or at building entrances that are in violation of the current code requirements. Currently the clearance and mounting height of partitions, fixtures and accessories do not meet current code requirements. To achieve code compliant restrooms, the space would need to be modified to meet code. Currently the facility is not equipped with a fire suppression system. We have reviewed the CBC and met with local fire jurisdiction to determine if we would be required to provide a fire sprinkler system. Per code we are not required to upgrade the facility by adding a fire sprinkler system, however we will be required to provide a fire suppression hood in the kitchen. It is noted that there is an existing fire hydrant that is 200’-0” or less from the existing facility. Structural: Due to the need for structural strengthening of the floor system to meet code requirements for an assembly use and the necessary roof replacement the facility has been reviewed for structural upgrades and recommendation have been prepared as noted in Tang Structural Engineers, Inc report dated October 24, 2017. The findings of these reports were based upon a visual inspection and therefore cannot address if the site was properly compacted or if Roofing: Removal and replacement of the roofing system and wood fascia and trim are required as the roof is in poor condition and there are numerous deficiencies especially at the membrane joints and perimeter edge. The facility was inspected, and replacement recommendations include removal and replacement of roofing to provide a new cementitious deck coverboard with a new roofing membrane to achieve the required Class ‘A’ Fire rating. Architectural: Per local jurisdiction the improvements that will be made will require that the project provides ADA access improvements. The local agency has indicated that we will be required to make ADA improvements, but they will not confirm the level of improvements that will be required until we have established the final scope of work to be performed. There are also numerous areas of concern that have been The findings of these reports were based upon a visual inspection and therefore cannot address some of the following concerns: · If the pad was properly prepared and compacted prior to installation of footings · If the proper reinforcing was used in the perimeter and pier footings. · The existing foundation walls did not provide the waterproofing membrane, cement board and flashing that was required by the construction documents but we were unable to confirm if the 12 inch wide gravel basin with perforated pipe that was to run to a drywell / storm drain was installed or not. 2 26.c Packet Pg. 306 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) Legend Categories Code C Function F Maintenance/Lifecycle ML Priorities Essential 1 Needed 2 Desirable 3 Definitions Categories Code - An issue that is related to the any applicable building code Function - An issue that will affect how well the building functions and performs its purpose Priorities Essential - Necessary for the building to perform its fundamental purpose, assure basic life safety, or required to meet governmental approval for use of facility. Needed - Effects a significant improvement to the fundamental purpose of the building, adds greater life to a significant building element. Substantially reduces the operating costs to the point of realizing a return on investment of 3 years or less. Desirable - Effects a desirable but not essential improvement to the building. Generally, includes improved function, greater character, comfort, improved building life, also improved energy savings but without such a quick return. 3 26.c Packet Pg. 307 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) General Category Priority Roof 1. Existing roof system is a single ply membrane adhered to the plywood deck and is in poor condition and has multiple leaks especially at the building perimeter edge and roof penetrations. Replace entire roof and flashing system and add drip edge ML 1,2 2. The control joint single ply expansion cover material is poorly applied and is wrinkled with some of the edges open to water intrusion as well as there are a few punctures in the membrane. Replace entire roofing system and provide new cementitious coverboard over plywood to achieved Class A roof. ML 1,2 3. The perimeter edge is very poorly secured with the 1 x fascia board nailed in place over the top of the single ply membrane which is turned down the side of the building which allows the water to enter the building and wick behind the stucco wall and into the building envelope. Remove and replace fascia and provide proper drip edge and flashing for proper drainage. ML.C 1,2 4. Main entry does not have a covered entry or overhang to divert water run-off in bad weather. Suggest adding gutters at entry doors to divert run-off and alleviate drainage issues. F 3 4 26.c Packet Pg. 308 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 5. The top and interior of the fascia board is uncoated and is absorbing water which results in warping and dry rot. Water is trapped behind fascia board and either ponds behind fascia board or directs the water into the joint of the roof and the wall cavity of the stucco exterior or runs down the face of the stucco wall causing staining as indicated in photo 8 below. Remove and replace fascia and provide proper drip edge and flashing for proper drainage. ML.C 1,2 6. The water that is trapped behind the fascia board is traveling behind the stucco finish of the wall or behind the corner trim and casing warping or dry rot of the wood trim. Remove and replace fascia and wood trim. ML 1,2 7. See comments in 5 above. ML 1,2 5 26.c Packet Pg. 309 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 8. On the northwest side of the building there is a roof overhang that covers the wall mounted AC units. Due to the issue referenced in 3 and 4 above there is roof drainage run-off that is draining directly over the units and disconnects. Remove and replace fascia and provide proper drip edge and flashing for proper drainage and possibly add gutters and downspouts to divert run-off. ML 1,2 9. See comments in 4 above. ML 1,2 Site - ADA 1. Missing tow-away parking signage at each entrance stating that any unauthorized vehicle parked in designated accessible parking spaces will be towed away at owner’s expense. Provide missing signage at entrance to facility. C 1 2. ADA code compliant path of travel from the public right-of-way to the main entrance is not provided. Regrade area and install ADA compliant curb ramp, truncated domes, sidewalk and striped walkways to meet accessibility requirement for access from the public right of way. C 1 6 26.c Packet Pg. 310 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 3. Accessible parking stall striping is faded and is missing “No Parking” lettering in the loading and unloading access aisle. Repaint accessible parking stall striping and add “No Parking” lettering to access aisle. C 1 4. Entrance is not code compliant. Missing level landing at entry door and no International Symbol of Accessibility sign provided at main entry. Remove walks, regrade areas and install ADA compliant walkway and International Accessibility signage. C 1 Building Exterior 1. Main entry and exit doors to the Community Center do not have exterior egress lighting required by code. Provide exterior egress lighting at each entry and exit door. C 1 7 26.c Packet Pg. 311 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2. Stucco finish on exterior walls have been installed all the way down to finish grade level and does not provide weep screed required by code to allow moisture to escape. Currently the moisture from the ground and the drainage from the roof wick into the existing wall cavity and have no way to escape. This condition will cause moisture to build up in the walls and cause dry rot of the framing and a high potential for mold in the drywall and insulation. Remove stucco finish system and any damaged framing and install new stucco system with code required weep screed. C 1 3. Stucco finish on exterior walls has been installed with a minimal control joint to help control cracking of stucco finish. Combined with the issues noted in 2 above have resulted in numerous location with cracking and water intrusion. Remove stucco finish system and any damaged framing and install new stucco system with control joints and code required weep screed. C 1 4. See comments in 2 and 3 above. C 1 8 26.c Packet Pg. 312 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 5. See comments in 2 and 3 above. C 1 6. Entry and exit doors are required to have panic device for exiting and closers. Glazing at storefront system is damages. Provide panic device and closers and replace storefront glazing. C 1 7. See comments in 6 above. C 1 Building Interior ADA Improvements 1. Restroom layout does not meet some of the ADA requirements. Some examples are required turning radius, door clearances and dimension clearances in toilet partition stalls. Reconfigure restrooms to meet code requirements. No Picture C, F 1 9 26.c Packet Pg. 313 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2. Mounting height of accessories in restrooms, kitchen and multi- purpose rooms are not ADA compliant Modify mounting height of accessories to meet code requirements. C 1 3. See comments in 2 above. C 1 4. See comments in 2 above. C 1 10 26.c Packet Pg. 314 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 5. Urinal does not have the elongated rim projecting 14.” Replace the urinal with a fixture that meets code requirements. C 1 6. Urinal exceed the maximum mounting height of 17” above the finish floor. Install the urinal with a maximum mounting height of 17” above the finish floor. C 1 7. Accessible water closet must be provided with an elongated bowl, located 18” from the wall and toilet paper dispenser must be with-in 12” of the front of the bowl. Modify or replace fixture and accessories to meet code requirements. C 1 11 26.c Packet Pg. 315 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 8. Mounting height of countertop and sinks exceeds 34” maximum height. Mirror is mounted higher than the maximum allowable 40”. Missing pipe insulation at water lines below sinks. Modify or replace countertop and sink and install counter and mirror at proper heights to meet code requirements. Provide pipe insulation at lavatory water pipes. C 1 9. The main entry lobby has two reception / transaction windows with counters that are mounted 42” above finish floor. Code requires a portion of the main counter at least 36” long be mounted at 34” high. Modify or replace at least one reception / transaction window with counter to meet code requirements. C 1 10. Missing ADA signage at main entrance. Provide ADA signage per code requirements. C 1 12 26.c Packet Pg. 316 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 11. Improper signage and mounting height of restroom signage. Provide ADA signage per code requirements. C 1 12. Missing ADA tactile restroom signage adjacent to restroom doors. Provide ADA tactile signage per code requirements. C 1 13. Sink at kitchen does not provide faucet controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. Provide ADA compliant faucet per code requirements. C 1 14. Kitchen sink does not provide the required knee space clearance. Missing pipe insulation at water lines below sink. Modify or replace cabinetry and counter and install at 34” with required knee space clearance below sink to meet code requirements. Provide pipe insulation at sink water pipes. C 1 13 26.c Packet Pg. 317 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 15. Kitchen counter and sink are mounted at 36” above finish floor. Modify or replace cabinetry and counter and install at 34” to meet code requirements. C 1 16. Door to kitchen does not provide the required 18” strike side clearance. Reconfigure kitchen layout or remove door. C 1 Building Interior Improvements 1. Existing non-baring walls are not properly supported or attached to the main structure. As seen in this photo the partition wall has been attached to the structure above with acoustical ceiling T-bar grid. Wall is extremely unstable. Reframe wall or provide brace connection to structure above to provide positive, secure connection. C 1 14 26.c Packet Pg. 318 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2. Existing non-baring wall is not properly connected to the main structure above. As seen in this photo the partition wall is not attached to the structure above. Reframe wall or provide brace connection to structure above to provide positive, secure connection. C 1 3. See comments in 1 above C 1 4. See comments in 1 above. C 1 15 26.c Packet Pg. 319 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 5. Existing water heater below sink in kitchen is inadequate to meet the demand of the kitchen use. Replace the water heater with a larger tank style water heater or a provide a tankless water heater to meet the demand. C, F 1,2 6. Existing ductwork, piping and light fixtures are not properly supported or braced. Missing insulation at ductwork and ceiling envelope. Existing light fixtures do not meet current Title 24. Acoustical ceiling system has been removed. Brace all ductwork and piping. Provide missing insulation and acoustical ceiling suspension system. Replace light fixtures to meet code requirements. C 1 7. See comments in 6 above. C 1 16 26.c Packet Pg. 320 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 8. See comments in 6 above. C 1 9. See comments in 6 above. C 1 10. See comments in 6 above. C 1 17 26.c Packet Pg. 321 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 11. See comments in 6 above. C 1 12. Main entry and exit doors have non-illuminated sticker exit signs. Provide code compliant self- illuminated exit signs at the main entry and exit doors. C 1 13. See comments in 11 above. C 1 14. The contractor has removed the existing flooring and has attempted to structurally connect the 6 modular structures together at the floor deck with 3’-0” long metal straps. The straps are not flush with the adjacent plywood deck. Prior to installation of new finish flooring it will be necessary to install a floor leveling compound to level the deck and provide a suitable surface to adhere to. F 1,2 18 26.c Packet Pg. 322 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 15. See comments in 13 above. F 1,2 16. See comments in 13 above. F 1,2 17. See comments in 13 above. F 1,2 19 26.c Packet Pg. 323 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) CATEGORY DESCRIPTION OF WORK UNIT COST UNIT QUANITY ESTIMATED COSTS Architectural/ Structural Upgrade Mobilization 15,000 LS 1 15,000.00$ Demolition 30,000 LS 1 30,000.00$ Mold Remediation 10,000 LS 1 10,000.00$ Upgrade restroom for ADA accessibility including finishes 35 SF 600 21,000.00$ Miscellaneous Specialities (signage, etc.) 4000 LS 1 4,000.00$ Replace non-compliant cabinetry with ADA accessible cabinetry 450 LF 15 6,750.00$ Water Heater 4,000 EA 1 4,000.00$ Commercial Range Hood with fire suppression system 8,000 EA 1 8,000.00$ Mechanical Duct and Pipe repairs and bracing 30,000 LS 1 30,000.00$ Air Balance 3,000 LS 1 3,000.00$ Storefront door system with panic devices 15,000 EA 1 15,000.00$ Stucco System w/control joints and weep screed 10 SF 3696 36,960.00$ Wood trim and fascia 15 LF 494 7,410.00$ Exterior water intrusion repairs 15,000 LS 1 15,000.00$ Paint (Interior and exterior trim)30,000 LS 1 30,000.00$ Misc. framing and wall repairs based upon structural repairs 30,000 LS 1 30,000.00$ Insulation 5,000 LS 1 5,000.00$ Flooring 10 SF 3720 37,200.00$ 6" Rubber base 4 LF 640 2,240.00$ Floor leveling compound 11 SF 4320 47,520.00$ Modification to lighting to accommodate structural retrofit and meet Title 24 code requirements 60,000 LS 1 60,000.00$ Illuminated Exit Signs 550 EA 3 1,650.00$ Replace accoustical suspension ceiling system 12 SF 4320 51,840.00$ Gutter & Downspout 12 LF 150 1,800.00$ Replace single ply roofing membrane with Class 'A' membrane roof system over DensDeck cover board with flashing and drip edge 12 SF 4320 51,840.00$ Seismic Upgrade/Strengthening (see attached report from Tang Structural Engineers dated October 24, 2017)133,132 LS 1 133,132.00$ 658,342.00$ Site/Exterior improvements Entrance Lighting 500 EA 2 1,000.00$ Concrete sidewalk / ADA access depressed curb ramp to Public Right of way 20 SF 570 11,400.00$ Exterior ADA Signage 300 EA 2 600.00$ Parking stall /Crosswalk/ ADA striping 2,500 LS 1 2,500.00$ 15,500.00$ Overhead and Profit 6% 40,430.52$ General Conditions 40,000 LS 1 40,000.00$ Bonds and Insurance 1.50%10,714.09$ 91,144.61$ 764,986.61$ Architecture (including Mech./Plumb. & Electrical Engineering) 35,000 EA 1 35,000.00$ Mechanical,Electrcial and Plumbiing Engineering 15,000 EA 1 15,000.00$ Structural Engineering 10,000 EA 1 10,000.00$ 60,000.00$ Construction Contingency 10% 76,498.66$ 76,498.66$ Building Permit / Printing / Fees 5,000 EA 1 5,000.00$ Testing / Special Inpsections 10,000 EA 1 10,000.00$ Soils Testing 12,000 EA 1 12,000.00$ 27,000.00$ 928,485.27$ Total Estimated Construction, Fees and Professional Services Costs: architectural / structural subtotal site - ADA compliance subtotal Contractor profit & overhead subtotal total construction subtotal subtotal Per local jurisdiction site accessibility will need to be upgraded to meet code. Existing site does not reflect accessible code compliant t path of travel to entrance subtotal OWNER SERVICES PERMITS AND FEES PROFESSIONAL SERVICES CONTRACTOR Verdemont Community Center Code Required Improvements, Seimic Upgrades & Roof Replacement 3664 Little League Drive, San Bernardino, Ca 92407 October 29, 2017 20 26.c Packet Pg. 324 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) EXHIBIT '1'2126.cPacket Pg. 325Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2226.cPacket Pg. 326Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2326.cPacket Pg. 327Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) EXHIBIT '2'2426.cPacket Pg. 328Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2526.cPacket Pg. 329Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 2626.cPacket Pg. 330Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 331 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 332 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 333 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 334 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 335 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 336 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 337 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 338 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 339 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 340 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 341 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 342 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 343 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 344 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 345 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 346 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 347 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 348 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 349 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 350 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 351 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 352 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 353 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 354 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 355 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 356 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 357 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 358 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 359 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 360 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 361 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 362 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 363 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 364 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 365 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 366 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 367 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 368 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 369 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 370 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 371 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 372 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 373 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 374 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 375 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 376 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 377 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 378 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 379 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 380 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 381 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 382 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 383 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 384 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 385 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 386 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 387 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 388 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 389 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 390 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 391 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 392 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 393 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 26.d Packet Pg. 394 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5545 : Verdemont Community Center) 27.a Packet Pg. 395 Attachment: Attorney.Appeal of Pepes Tow.report cont item to 6-6-18 (5528 : Continue Public Hearing - Appeal of Pepe’s Towing)