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09-19-2018 Agenda Backup
CITY OF SAN BERNARDINO REVISED 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, SEPTEMBER 19, 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 public or 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 Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/18/2018 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 Center for Biological Diversity, et al. v. City of San Bernardino, Case No. CIVDS1706284 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): (3) Items INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Citizen of the Month – Luis Ojeda – Council Member Virginia Marquez 2. Youth Recognition – Jhunelyn Parafina, San Bernardino High School – Council Member Benito Barrios 3. Chamber of Commerce & Local Elected Officials Announcements Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/18/2018 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. 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. 4. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated September 19, 2018. 5. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for August 2018. 6. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of September 5, 2018 and Special Meeting of September 10, 2018. 7. Award of Construction Contract for Police Headquarters Roof Replacement to San Marino Roof Co. Inc. Recommendation: Adopt Resolution No. 2018-244 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with San Marino Roof Co Inc., in the amount of $400,574 and authorizing the City Manager to execute a construction contingency in the amount of $40,058 for Police Headquarters Roof Replacement and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/18/2018 8. Award of Construction Contract for Demolition of Fire Station 223 and Verdemont Community Center Project to Precision Contracting, Inc. Recommendation: Adopt Resolution No. 2018-269 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Precision Contracting, Inc., and authorizing the City Manager to execute a contract in the amount of $167,800; authorizing a construction contingency in the amount of $16,780; and authorizing the City Manager or designee to execute the contract and expend the contingency fund, if necessary, to complete the project. 9. Issuance of an Annual Purchase Order to Vulcan Materials Company Recommendation: Adopt Resolution No. 2018-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual purchase order with Vulcan Materials Company for the Purchase of Asphalt Concrete Materials. 10. Five-Year Capital Project Needs Analysis (FY 2019/20 throu gh FY 2023/24) for Measure "I" 2010-2040 Expenditures and Amending the Five-Year Capital Improvement Program Recommendation: Adopt Resolution No. 2018-256 of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for Measure "I" 2010-2040 expenditures and amending the Five-Year Capital Improvement Program for FY 2018/19 through FY 2022/23. 11. Amended and Restated Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Mt. Vernon Bridge Replacement Project Recommendation: Adopt Resolution No. 2018-257 of the Mayor and City Council of the City of San Bernardino, California, approving Contract No. 16-1001477-01, Amended and Restated Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Development of the Mount Vernon Avenue Grade Separation over the BNSF Railway lntermodal Yard Project (SS04-12). Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/18/2018 12. Establish 1-Way and 2-Way Stop Signs at Several Intersections throughout the City Recommendation: Adopt Resolution No. 2018-258 of the Mayor and City Council of the City of San Bernardino, California, authorizing the establishment of 2-way stop signs at the intersections of Grape Street at Oak Street, Grape Street at Poplar Street, Grape Street at Birch Street, 10th Street at Wall Avenue, 11th Street at Wall Avenue, Olive Street at Pico Avenue, and a 1 -Way stop at the intersection of Grape Street at Walnut Street. 13. Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for the 5th Street Gateway Property Recommendation: Adopt Resolution 2018-251 of the Mayor and City Council of the City of San Bernardino, California, approving an Exclusive Right to Negotiate Agreement between the City of San Bernardino and ICO Real Estate Group, Inc. for the 5th Street Gateway Property, and authorizing certain related actions. 14. Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Appropriations Recommendation: Adopt Resolution No. 2018-259 of the Mayor and City Council of the City of San Bernardino, California, approving the FY 2017/18 Continuing Appropriations and Encumbrance Carryovers and amending the FY 2018/19 Budget to include the approved FY 2017/18 Continuing Appropriations and Encumbrance Carryovers. 15. Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police Vehicles Recommendation: Adopt Resolution No. 2018-270 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Fairview Ford Sales, Inc., in an amount not to exceed $722,000. 16. Agendas and Minutes/Draft Minutes of City Boards, Commissions, and Citizen Advisory Committees Recommendation Recommendation: Receive and file the agendas and minutes/draft minutes from the City Boards, Commissions, and Citizen Advisory Committees for the month of August. Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/18/2018 17. Event Fee Waiver for Akoma Unity Center Jazz Concert at Anne Sherrill’s Park Recommendation: Authorize the City Manager to waive fees for the Akoma Unity Center Jazz Concert at Anne Sherrill’s Park on September 30, 2018. STAFF REPORTS 18. Agreement with San Bernardino International for Support Services at SBD Fest 2018 Recommendation: Review, discuss, and provide direction in response to the request for a fee waiver in the amount of $46,916 for the San Bernardino International Airport's SBD Fest 2018 event, and authorize the City Manager to execute an agreement between the City of San Bernardino and the San Bernardino International Airport, to provide support services for the 2018 SBD Fest as directed by City Council. 19. 12th Annual San Bernardino County Water Conference Update – August 10, 2018 Recommendation: Receive an oral report by Council Member Barrios. PUBLIC HEARINGS 20. Establish Compensation and Benefits for City-Elected Officials Recommendation: Introduce for first reading Ordinance No. MC 1504 of the Mayor and City Council of the City of San Bernardino, California, establishing compensation and benefits for the CityElected officials. 21. Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development Recommendation: Authorize the submission of the FY 2017/18 Consolidated Annual Performance and Evaluati on Report to the United States Department of Housing and Urban Development. Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/18/2018 22. Development Permit Type-P 18-01 Recommendation: Adopt Resolution No. 2018-261 of the Mayor and City Council of the City of San Bernardino, California, approving a Development Permit Type-P 18-01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and finding the project subject to a Categorical Exempt under the California Environmental Quality Act. 23. General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06, and Variance 18-01 Recommendation: 1. Adopt Resolution No. 2018-262 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving General Plan Amendment 16-06 to change the General Plan Land Use Designation from Commercial to Multi- Family Residential on four (4) parcels (APN: 0141- 352-10, 11, 12 and 13) containing a total of approximately 2.25 acres; 2. Introduce for first reading, Ordinance No. MC- 1505 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Development Code Amendment (Zoning Map Amendment) 16- 07 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium High (RMH) on four (4) parcels (APN: 0141-352-10, 11, 12 and 13) containing a total of approximately 2.25 acres; Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/18/2018 3. Adopt Resolution No. 2018-263 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration, and approving Development Permit Type-P 16-06 to allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to allow the reduction of the required parking spaces from 155 to 128 and the increase of the maximum distance requirement between the residential units and the parking spaces from 150 feet to 250 feet on a project site comprised of five (5) parcels (APN: 0141-352-09, 10, 11, 12 and 13) containing a total of approximately 2.81 acres located at the northeast corner of S. Waterman Avenue and Wier Road; and 4. Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 3, 2018. 24. Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Services) of the City of San Bernardino and To Levy Special Taxes On Property Within the District Recommendation: 1. Adopt Resolution No. 2018-264 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (CFD 2018-1), and to authorize the levy of a special tax on property within the District to pay the costs of providing public safety services; 2. Adopt Resolution No. 2018-265 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of CFD 2018-1 of the City of San Bernardino (Safety Services) certifying election results; 3. Introduce Ordinance No. MC-1506 of the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the legislative body of CFD 2018-1 of the City of San Bernardino (Safety Services) authorizing the levy of special taxes; and Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/18/2018 4. Approve payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth in an amount not to exceed $10,000 for their services related to the formation of CFD 2018-1 of the City of San Bernardino. 25. Resolutions Establishing Community Facilities District 2018-2 (Verdemont Ranch) of the City of San Bernardino and Determining Necessity to Incur Bonded Indebtedness in an Amount Not to Exceed $5,000,000 Recommendation: 1. Adopt Resolution No. 2018-266 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2018-2 (Verdemont Ranch) (CFD 2018-2) of the City of San Bernardino, authorizing the levy of a special tax to pay the cost of acquiring or constructing certain facilities, and to pay debt service on bonded indebtedness within the proposed CFD No. 2018-2 of the City of San Bernardino; 2. Adopt Resolution No. 2018-267 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur bonded indebtedness in an amount not to exceed $5,000,000 within the proposed CFD No. 2018-2 of the City of San Bernardino; 3. Adopt Resolution No. 2018-268 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of CFD 2018-2 of the City of San Bernardino certifying election results; 4. Introduce Ordinance No. MC-1507 of the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the legislative body of CFD 2018-2 of the City of San Bernardino authorizing the levy of special taxes; and 5. Approve payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth in an amount not to exceed $20,000 for services related to the formation of CFO 2018-2 of the City of San Bernardino. Joint Regular Meeting Revised Agenda September 19, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 9/18/2018 26. 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, October 3, 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. 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 September 19, 2018 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located in the breezeway of City Hall, 300 North “D” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, September 14, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, CMC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Consent Calendar City of San Bernardino Request for Council Action \ Date: September 19, 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 September 19, 2018. 4.a Packet Pg. 11 Attachment: Waive Reading.Report_September 19 (5731 : Waive Full Reading of Resolutions and Ordinances) 5.a Packet Pg. 12 Attachment: FN.Commercial Checks Payroll Report Sep 19, 2018 (5732 : City Council Approval of Commercial and Payroll Checks) 2018-2019 Goals and Objectives Approval of the noted check registers for commercial and payroll checks align 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 #9 Attachment 2 – Commercial checks for Register #10 Attachment 3 – Commercial checks for Register #11 Attachment 4 – Commercial checks for Register #12 Attachment 5 – Payroll checks for August 2018 Ward: Synopsis of Previous Council Actions: 5.a Packet Pg. 13 Attachment: FN.Commercial Checks Payroll Report Sep 19, 2018 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 14Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 15Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 16Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 17Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 18Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 19Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 20Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 21Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 22Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 23Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 24Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 25Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 26Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 27Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 28Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 29Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 30Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.bPacket Pg. 31Attachment: FN.Commercial Checks & Payroll. Register #9 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 32Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 33Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 34Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 35Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 36Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.cPacket Pg. 37Attachment: FN.Commercial Checks & Payroll. Register #10 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 38Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 39Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 40Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 41Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 42Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 43Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 44Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 45Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 46Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 47Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 48Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 49Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 50Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 51Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 52Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.dPacket Pg. 53Attachment: FN.Commercial Checks & Payroll. Register #11 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 54Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 55Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 56Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 57Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 58Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 59Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 60Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 61Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 62Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 63Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 64Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 65Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 66Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 67Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 68Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 69Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.ePacket Pg. 70Attachment: FN.Commercial Checks & Payroll. Register #12 (5732 : City Council Approval of Commercial and Payroll Checks) 5.f Packet Pg. 71 Attachment: FN.Payroll Summary Reports 8M (5732 : City Council Approval of Commercial and Payroll Checks) 5.g Packet Pg. 72 Attachment: FN.Payroll Summary Reports BW-16 (5732 : City Council Approval of Commercial and Payroll Checks) Consent Calendar City of San Bernardino Request for Council Action \ Date: September 19, 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 September 5, 2018 and Special Meeting of September 10, 2018. 6.a Packet Pg. 73 Attachment: Minutes_September 19 (5733 : City Council Approval of Draft Minutes) City of San Bernardino 290 North D Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 9/5/2018 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, SEPTEMBER 5, 2018 COUNCIL CHAMBER The Joint Regular Adjourned Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 5:06 P.M., Wednesday, September 5, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Late 5:16 PM John Valdivia Council Member, Ward 3 Late 5:05 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Absent --------- Bessine L. Richard Council Member, Ward 6 Absent --------- James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 3:41 PM Gary Saenz City Attorney Present 4:00 PM Sonia Carvalho Chief Assistant City Attorney Present 4:00 PM Andrea 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 L. Richard James Mulvihill 6.b Packet Pg. 74 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/5/2018 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 John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127 and ADJ9367163 Eric Chappell v. City of San Bernardino, WCAB Case Nos. ADJ1978610; ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259 Center for Biological Diversity, et al. v. City of San Bernardino, Case No. CIVDS1706284 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): Three cases INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Joshua Beckley of Ecclesia Christian Fellowship. The Pledge of Allegiance was given by Noah De La Torre, a sixth grade student at Parkside Elementary School. CLOSED SESSION REPORT City Attorney Gary Saenz explained the relationship between his duties and those of contract Chief Assistant City Attorney Sonia Carvalho. Ms Carvalho reported the following actions were taken in Closed Session: In re: John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127 and ADJ9367163, the council voted 5-0 to settle the matter for $130,000, with council members Nickel and Richard absent. In re: Eric Chappell v. City of San Bernardino , WCAB Case Nos. ADJ1978610; ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259 , the council voted 5-0 to settle the matter for $250,000, with council members Nickel and Richard absent. 6.b Packet Pg. 75 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/5/2018 APPOINTMENT 1. Planning Commission Appointment Approved Motion: Appoint Ms. Elizabeth P. Sanchez to the Planning Commission. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard PRESENTATIONS 2A. Issuance of Proclamation: Proclaim the Month of September 2018 as National Preparedness Month Chief Burguan said the city has never officially recognized National Preparedness Month and said that the City had a robust Community Emergency Response Team that people can be part of if they chose to participate in emergency preparedness. 2B. Chamber of Commerce & Local Elected Officials Announcements Yvonne Powers, representing the San Bernardino Chamber, read the Chamber announcements for the coming weeks. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Roger Henderson, San Bernardino, said that the City’s proposed purchase of automobiles from a vendor outside of the city was not doing right by the business people of the city. Barbara Babcock, San Bernardino, asked why Fairview Ford was not one of the vendors listed to offer a bid for new city vehicles. She said that the city needs to be business friendly. Paul Sanborn, San Bernardino, decried a mailer sent out against John Valdivia and said the City Manager should move to town. Alice Chow spoke about the San Bernardino Animal Care Foundation and asked questions about the timing and process for hiring animal shelter workers. Luis Ojeda, aka Khan D’Kulia, San Bernardino, spoke about We Are the Change group, expressed sorrow for the people killed and injured by the recent shootings, and praised Officer Taylor for doing a good job. He also spoke about his efforts to clean up the city and said it took him months to meet with the city staff about the issue, but it was useless because they weren’t interested in change. Marilyn Bundage, of Bloomington, said she was unhappy with trucks at the property behind her house in Bloomington. Robert Porter, San Bernardino, said he wished Mr. Penman had been on the side of cannabis when he was City Attorney. He said the city manager needs to realize that she 6.b Packet Pg. 76 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/5/2018 is asking people to risk their lives when she asks that they report criminal behavior in their neighborhoods. Nate Pasquale, of the East Valley Association of Realtors, spoke to the council in support of Prop. 5, the Property Tax Fairness Initiative on the November ballot. Consent Calendar The City Manager pulled items 12, 13, and 14 from the agenda for consideration at a later date. Council Member Valdivia pulled items 8, 18 and 22 for further discussion. The rest of the items were voted on with a single motion: RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 5, 2018. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for August 2018 . RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 5. Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meetings of August 1, 2018 and August 15, 2018. 6.b Packet Pg. 77 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/5/2018 RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 6. Amended and Restated Professional Services Agreement Between Goldman, Magdalin and Krikes, LLP and the City of San Bernardino Approved Motion: Authorize the City Manager to execute the Amended and Restated Professional Services Agreement between Goldman, Magdalin and Krikes (GMK), LLP and the City of San Bernardino, California for workers’ compensation legal services. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 7. Award of Construction Contract for Pool Plastering at Various Recreational Facilities - Phase II to Condor, Inc. Approved Motion: Adopt the resolution. Reso 2018-233 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the award of a construction contract with Condor, Inc., authorizing the City Manager to execute a contract in the amount of $439,147 for pool plastering at various recreational facilities, authorizing a construction contingency in the amount of $43,915, and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 6.b Packet Pg. 78 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/5/2018 8. Award of Construction Contract for City Hall Parking Structure Deck Waterproofing to Angelus Waterproofing and Restoration, Inc. Approved Motion: Adopt the resolution. Reso 2018-242 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Angelus Waterproofing and Restoration, Inc. in the amount of $462,250, authorizing a construction contingency in the amount of $46,225, authorizing the Finance Director to amend FY 2018/19 Adopted Budget by carrying over and transferring remaining FY 2017/18 funds from account number 001-090- 0053-5505 in the amount of $534,000 to a project account to be established, and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 9. Amendment No. 1 to the HOME Investment Partnerships Program Infill Housing Development Master Agreement Approved Motion: Authorize the execution of Amendment No. 1 to the HOME Investment Partnerships Program Infill Housing Development Master Agreement and authorize the City Manager or designee to take any further actions and execute additional documents as necessary to effectuate the agreement. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 10. First Amendment to the Infrastructure Engineers for Staff Augmentation Services Approved Motion: Adopt the resolution. 6.b Packet Pg. 79 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/5/2018 Reso 2018-243 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the First Amendment to the Consultant Service Agreement with Infrastructure Engineers for Senior Engineer Services and authorizing the Director of Finance to increase the Purchase Order by $200,000. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel, Richard 11. State Library Grant Funding Appropriation Approved Motion: Accept three individual grants awards from California State Library (CSL) for library books and literacy totaling $30,000 and authorizing the Director of Finance to amend the FY2018/19 library budget accordingly. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel, Richard 12. Issuance of a Purchase Order to Nixon-Egli Equipment Company for the Purchase of One (1) 2019 PB B-4 Patch Truck Unit, Mounted on a 2019 F750 Gas Chassis This item was pulled by the City Manager. No vote was taken on this item. 13. Issuance of a Purchase Order to National Auto Fleet Group for the Purchase of Two (2) 2018 Ford F Series Super Duty F-150 4WD with Super Crew Cab 6.75 Box Trucks This item was pulled by the City Manager. No vote was taken on this item. 14. Issuance of a Purchase Order to National Auto Fleet Group for the Purchase of Six (6) 2019 Ford F Series Super Duty F-350 4X2 with Crew Cab 6.75 Box Trucks This item was pulled by the City Manager. No vote was taken on this item. 6.b Packet Pg. 80 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/5/2018 15. Adopt CDBG Subrecipient Agreement with Neighborhood Partnership Housing Solutions, Inc. and Adopt the Policies and Procedures for Owner Occupied Residential Rehabilitation Program Approved Motions: Adopt the CDBG Subrecipient Agreement with Neighborhood Partnership Housing Services, Inc. for a term of one year to replace the existing Vendor Services Agreement, and Adopt the policies and procedures for Owner Occupied Residential Rehabilitation Program. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 16. Right-Of-Way Acquisition Services Agreement for the Widening of 40Th Street Between Johnson Street and Electric Avenue Approved Motion: Adopt the resolution. Reso 2018-248 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Consultant Services Agreement with Paragon Partners, LTD for Right-of-Way Acquisition Services for the widening of 40th Street between Johnson Street and Electric Avenue (SS04-014). RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 17. Third Amendment to the Engineering Resources of Southern California, Inc. Agreement Approved Motion: Adopt the resolution. Reso 2018-249 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the Third Amendment to the Consultant Services Agreement with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering 6.b Packet Pg. 81 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/5/2018 design services for the widening of 40th Street from Johnson Street to Electric Avenue (SS04-014). RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 18. Basic Compensation Plan for San Bernardino Police Department Approved Motion: Adopt the resolution. Reso 2018-250 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for the Police Department Ranges P-1 (Police Officer), P- 2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief), and Law Enforcement Trainee effective August 1, 2018. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 19. Memorandum of Understanding with the County of San Bernardino Community Development and Housing Agency for Homeless Management Information System Approved Motion: Approve the Memorandum of Understanding (MOU) with the County of San Bernardino Community Development and Housing Agency (CDHA) for the Homeless Management Information System (HMIS), and Authorize the City Manager or her designee to execute a revised MOU should the language be revised by the CDHA, not including substantial changes, in consultation with the City Attorney. 6.b Packet Pg. 82 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 9/5/2018 RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 20. Agreement with Joe A. Gonsalves & Son for Legislative Advocacy Services Approved Motion: Authorize the City Manager to execute a three-year Professional Services Agreement with the option of two one-year extensions between the City of San Bernardino and Joe A. Gonsalves & Son for Legislative Advocacy Services and authorize the Finance Director to execute a purchase order in an amount not to exceed $84,000 for Fiscal Year 2018/19. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 21. Resolution Suspending Special Tax for Special Tax Area 2006-1 and Establishing Tax Rate of Zero Approved Motion: Adopt the resolution. Reso 2018-254 Resolution of the Mayor and City Council of the City of San Bernardino, California, suspending imposition of special tax and establishing tax rate of zero for Special Tax Area 2006-1. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 22. Final Reading of Ordinance No. MC-1503 - Amending Chapter 5.10 of the San Bernardino Municipal Code Related to the Regulation of Commercial Cannabis Activities Speakers James Penman Wendy McCammack 6.b Packet Pg. 83 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 9/5/2018 Ben Eilenberg Council member Barrios originally voted yes, but after a short break returned to the dais and told the Mayor that he would like to change his vote to a no. Approved Motion: Accept for final reading and adopt the ordinance. MCC- 1503 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 5.10 of the San Bernardino Municipal Code related to the Regulation of Commercial Cannabis Activities. RESULT: ADOPTED [3-2] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Mulvihill NOES: Barrios, Valdivia ABSENT: Nickel, Richard Staff Reports 23. First Amendment to the Agreement with Westbound Communications, Inc. for Marketing and Public Relations Services Approved Motion: Authorize the City Manager to execute a First Amendment to the Professional Services Agreement with Westbound Communications, Inc. to increase the total compensation by $169,000 for an amount not to exceed $410,000 in FY2018-19, authorize the City Manager or designee to increase the purchase order for a total amount not to exceed $410,000, and authorize the Director of Finance to amend the FY2018-19 budget. RESULT: ADOPTED [4-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Mulvihill NOES: Valdivia ABSENT: Nickel, Richard 6.b Packet Pg. 84 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 9/5/2018 24. Service Agreement with San Bernardino Chamber of Commerce for 2018 Rendezvous Back to Route 66 Approved Motion: Waive the fee of $39,834 and adopt the resolution. Reso. 2018-252 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Service Agreement between the City of San Bernardino and San Bernardino Chamber of Commerce to provide support services for Rendezvous Back to Route 66 2018 event. RESULT: ADOPTED [4-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, NOES: Mulvihill ABSENT: Nickel, Richard 25. City of San Bernardino City Wide Events Planning Updates for Veterans Day Salute & Parade and Winter Wonderland 2018 Speaker Shirrell McCrary Approved Motion: Approve the Veterans Day Salute & Parade and Winter Wonderland 2018; and agree to allow the Disabled American Veterans to receive a $25 donation for each car registration and $40 donation for each vendor participating in the Veterans Day event as a fundraiser for cancer detection equipment for veterans. RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 6.b Packet Pg. 85 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 9/5/2018 Public Hearings 26. Establish Compensation and Benefits for City-Elected Officials Helen Tran, Director of Human resources and Dr. Tom Pierce, chair of the Elected Official compensation commission presented the findings of the commission. Mayor Davis opened the meeting and Clerk Hanna swore in those who wished to speak on the matter. Speakers Paul Sanborn, opposed Deanna Adams, opposed Luis Ojeda, support Approved Motion: Continue the public hearing to September 19, 2018 RESULT: ADOPTED [5-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 27. Resolution of the Mayor and City Council of the City of San Bernardino Pursuant to Section 147(F) of the Internal Revenue Code of 1986 Approving the Issuance of Bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase II & III Project Approved Motion: Adopt the resolution. Reso 2018-253 Resolution of the Mayor and City Council of the City of San Bernardino, California, pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase II & III Project. RESULT: ADOPTED [5-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 6.b Packet Pg. 86 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes September 5, 2018 Mayor and City Council of the City of San Bernardino Page 14 Printed 9/5/2018 28. Adjournment The meeting adjourned at 9:27 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, September 19, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 6.b Packet Pg. 87 Attachment: 09-05-18_Jt__Reg_gh_draft (5733 : City Council Approval of Draft Minutes) City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 5/15/2018 DRAFT MINUTES FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 10, 2018 1:30 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 1:33 PM, Monday, September 10, 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 1:33 PM Benito J. Barrios Council Member, Ward 2 Absent --------- John Valdivia Council Member, Ward 3 Present 1:33 PM Fred Shorett Council Member, Ward 4 Present 1:33 PM Henry Nickel Council Member, Ward 5 Absent 1:33 PM Bessine L. Richard Council Member, Ward 6 Present 1:35 PM James Mulvihill Council Member, Ward 7 Present --------- R. Carey Davis Mayor Present 1:33 PM Georgeann "Gigi" Hanna City Clerk Present 1:33 PM Thomas Rice Deputy City Attorney Present 1:33 PM Andrea Miller City Manager Present 1:33 PM PLEDGE OF ALLEGIANCE Greg Devereaux led the flag salute. Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill 6.c Packet Pg. 88 Attachment: 09-10-18_Spec_draft (5733 : City Council Approval of Draft Minutes) Special Meeting Draft Minutes May 14, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/15/2018 DISCUSSION 1. Rebranding Initiative The Mayor and Council participated in a discussion regarding the City of San Bernardino image and brand with Westbound Communications. This session mirrored focus groups already conducted with citizen groups. No action was taken. CLOSED SESSION 2. Public Employee Performance Evaluation (Government Code 54957) Position: City Manager 3. ADJOURNMENT The meeting adjourned at 5:15 p.m. to 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, Wednesday, September 19, 2018 at 4:00 p.m. in the Council Chamber located at 201 N. E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 6.c Packet Pg. 89 Attachment: 09-10-18_Spec_draft (5733 : City Council Approval of Draft Minutes) 7.a Packet Pg. 90 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquarter Roof ReplacementI-Report.doc-09-04-2018 (5734 : Award of Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on August 29, 2018; the City received six bids as follows: BIDDER TOTAL San Marino Roof Co., Inc. $400,474.00 Anning-Johnson Company $437,000.00 Letner Roofing Co $488,316.00 Best Contracting Services $545,527.00 Rey-Crest Roofing & Water proofing $556,725.00 Commercial Roofing Systems, Inc. $598,419.00 Pacific Builders & Roofing $617,648.00 Tecta America So. CA, Inc. $804,000.00 The lowest apparent bidder is San Marino Roof Co., Inc. of Orange, California, with a base bid of $400,474. The City has reviewed all eight (8) bid packages and confirmed San Marino Roof Co., Inc. is the lowest responsible and responsive bidder. If awarded by the Mayor and City Council, construction is anticipated to begin in November 2018, and will be substantially completed by January 2019. 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 ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The estimated project costs and funding approved in the FY 2018/19 Capital Projects Budget are summarized in the table below. Estimated Project Cost Base Bid Amount $400,574 Construction Contingency $ 40,058 Engineering and Inspections $ 12,000 Total Contract Work $452,632 Sufficient funds are available in the General Fund Capital accounts to award this project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2018-244 approving a construction contract with San Marino Roof Co Inc., in the amount of $400,574 and authorizing the City Manager to execute a construction contingency in the amount of $40,058 for Police Headquarters 9/14/2018 8:09 AM 7.a Packet Pg. 91 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquarter Roof ReplacementI-Report.doc-09-04-2018 (5734 : Award of Roof Replacement and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution awarding Contract for Police Headquarter Roof Replacement Attachment 2 Bid Opening Report & Bid Tabulation for Police Headquarter Roof Replacement Attachment 3 Lowest Bid Form Police Headquarter Roof Replacement Attachment 4 Plan Roof replacement Attachment 5 Agreement Ward: 3 Synopsis of Previous Council Actions: 6-21-2017 Resolution No. 2017- 118 adopted the City’s final budget document for Fiscal Year 2017/2018. 9/14/2018 8:09 AM 7.a Packet Pg. 92 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquarter Roof ReplacementI-Report.doc-09-04-2018 (5734 : Award of RESOLUTION NO. 2018-244 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH SAN MARINO ROOF CO INC., IN THE AMOUNT OF $400,574 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $40,058 FOR POLICE HEADQUARTERS ROOF REPLACEMENT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. San Marino Roof Co Inc., 2187 North Batavia Street, Orange, California 92865 is the lowest responsive responsible bidder for Police Headquarter Roof Replacement Plans and Special Provision No. 13229. A contract is awarded to said bidder in a total amount of $400,574 with a contingency amount of $40,058 but such contract shall be effective only upon being fully executed by both parties. The City Manager or designee is hereby authorized and directed to execute said contract on behalf of the City. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $40,058 on behalf of the City. A copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as though fully set forth at length. SECTION 2 The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $400,574 to San Marino Roof Co. Inc. for this work. SECTION 3. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course The authorization to execute this contract is rescinded if the parties to the contract fails to execute it and return the fully executed contract to the Office of the City Clerk within ninety (90) days of passage of this Resolution. 1 7.b Packet Pg. 93 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquarter Roof Replacement-Resolution-Attachment 1 (5734 : Award of RESOLUTION NO. 2018-244 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH SAN MARINO ROOF CO INC., IN THE AMOUNT OF $400,574 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $40,058 FOR POLICE HEADQUARTERS ROOF REPLACEMENT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 2 7.b Packet Pg. 94 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquarter Roof Replacement-Resolution-Attachment 1 (5734 : Award of BASE BID POLICE HEADQOUARTER ROOF REPLACEMENT Project No PD. 19-001 ITEM NO.BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Remove and Dispose of Hazardous Waste 1 LS 28,670.00$ 28,670.00$ 33,000.00$ 33,000.00$ $ 20,000.00 20,000.00$ $ 28,000.00 28,000.00$ $ 47,960.00 47,960.00$ 2 Remove and Dispose Roof System 1 LS 87,000.00$ 87,000.00$ 103,000.00$ 103,000.00$ 135,366.00$ 135,366.00$ 88,000.00$ 88,000.00$ 79,320.00$ 79,320.00$ 3 Furnished and Install new Roof 1 LS 284,904.00$ 284,904.00$ 301,000.00$ 301,000.00$ 332,950.00$ 332,950.00$ 429,527.00$ 429,527.00$ 429,445.00$ 429,445.00$ TOTAL BASIC BID 400,574.00$ 437,000.00$ 488,316.00$ 545,527.00$ 556,725.00$ BASE BID POLICE HEADQOUARTER ROOF REPLACEMENT Project No PD. 19-001 BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Remove and Dispose of Hazardous Waste 1 LS 36,229.00$ 36,229.00$ 32,200.00$ 32,200.00$ 32,000.00$ 32,000.00$ Remove and Dispose Roof System 1 LS 108,750.00$ 108,750.00$ 100,820.00$ 100,820.00$ $ 92,000.00 92,000.00$ Furnished and Install new Roof 1 LS 453,440.00$ 453,440.00$ 484,628.00$ 484,628.00$ 680,000.00$ 680,000.00$ 598,419.00$ 617,648.00$ 804,000.00$ Tecta America So. CA, Inc. POLICE HEADQOUARTER ROOF REPLACEMENT Project No PD. 19-001 Project No. 19-001 Commercial Roofing Systems, Inc.Pacific Builders & Roofing BID OPENING: 2:00 P.M., AUGUST 28, 2018 San Marino Roof Co., Inc. Anning-Johnson Company Letner Roofing Co Best Contracting Services Rey-Crest Roofing & Water proofing 7.cPacket Pg. 95Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement-Bid Tabulation-Attachment 2 (5734 : Award of 7.d Packet Pg. 96 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 97 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 98 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 99 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 100 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 101 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 102 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 103 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 104 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.d Packet Pg. 105 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement- Lowest Bid Form-Attachment 3 (5734 : Award of 7.e Packet Pg. 106 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 107 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 108 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 109 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 110 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 111 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 112 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 113 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 114 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 115 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 116 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 117 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 118 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 119 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 120 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of 7.e Packet Pg. 121 Attachment: PW.San Marino Roof Co Inc Contract Award PD Headquarter Roof Replacement - Plans-Attachment 4 (5734 : Award of A G R E E M E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the City of San Bernardino (owner and hereinafter "CITY"), and San Marino Roof Co Inc. ________________________________________________ (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the POLICE HEADQUARTER ROOF REPLACEMENT (PD 19-001) in strict conformity with Plans and Special Provisions No. 13229 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. A-1 7.f Packet Pg. 122 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquartwr Roof Replacement-Agreement-Attachment 5 (5734 : Award of AGREEMENT: POLICE HEADQUARTER ROOF REPLACEMENT ( PD 19-001 ) 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: San Marino Roof Co. Inc. BY: ___________________________________ ANDREA M. MILLER City Manager BY: _______________________________ Andy Tovey TITLE: Project Manager ATTEST: MAILING ADDRESS: 2187 North Batavia Street _______________________________ GEORGEANN HANNA _____Orange, Ca 92865-3103_______ City Clerk _______________________________________ PHONE NO.: (714) 974-3070______________ APPROVED AS TO FORM: ATTEST: _______________________________ GARY D. SAENZ, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 7.f Packet Pg. 123 Attachment: PW.San Marino Roof Co Inc Contarct Award PD Headquartwr Roof Replacement-Agreement-Attachment 5 (5734 : Award of 8.a Packet Pg. 124 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Communit yCenter demolition-Report (5735 : Award of Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on August 30, 2018; the City received three bids as follows: BIDDER TOTAL Precision Contracting, Inc. $167,800.00 5 M Contracting, Inc. $235,400.00 Resource Environmental, Inc. $265,000.00 The lowest apparent bidder is Precision Contracting, Inc. of Anaheim, California, with a base bid of $167,800. The City reviewed the other two (2) bid packages and confirmed that Precision Contracting, Inc. is the lowest responsible and responsive bidder. The 5M Contracting, Inc. bid package did not include a bid bond and had mathematical errors; therefore, the bid was rejected as an incomplete bid. If awarded to Precision Contracting, Inc., by the Mayor and City Council, construction is anticipated to begin in November 2018 and is expected to be substantially completed by January 2019. 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 ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The estimated projects costs and funding in the FY 2018/19 Capital Improvement Plan budget are summarized in the table below: Estimated Project Cost Base Bid – Fire Station Demolition $137,800 Base Bid – Verdemont Community Center $30,000 Construction Contingency $16,780 Engineering and Inspections $14,420 Total Contract Work $199,000 Sufficient resources are available in the Verdemont Community Center demolition project as programmed in the FY 2018/19 CIP. The Fire Station demolition only included an estimated project total of $125,000, thus has insufficient resources currently allocated to complete the project as bid. However, sufficient resources exist within the overall General Fund CIP to complete this project from savings on other projects brought forward. Staff proposes to reallocate the available resources to make the Fire Station demolition project whole for the difference 9/14/2018 8:12 AM 8.a Packet Pg. 125 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Communit yCenter demolition-Report (5735 : Award of between the originally programmed amount of $125,000 and the final cost after contingencies and engineering/inspection work. No additional budgeted resources are being requested for this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-269, approving a construction contract with Precision Contracting Inc., and authorizing the City Manager to execute a contract in the amount of $167,800; authorizing a construction contingency in the amount of $16,780; and authorizing the City Manager or designee to execute the contract and expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution Attachment 2 Bid Opening Report & Bid Tabulation for Demolition of Fire Station 223 and Verdemont Community Center Attachment 3 Lowest Bid Form Demolition of Fire Station 223 and Verdemont Community Center Attachment 4 Agreement Ward: 4, 5 Synopsis of Previous Council Actions: 6-21-2017 Resolution No. 2017- 118 adopted the City’s final budget document for Fiscal Year 2017/2018. 5-16-2018 Mayor and City Council Meeting Agenda Item # 26 – Verdemont Community Center 4-04-2018 Mayor and City Council Meeting Agenda Item # 19 – Verdemont Community Center 9/14/2018 8:12 AM 8.a Packet Pg. 126 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Communit yCenter demolition-Report (5735 : Award of RESOLUTION NO. 2018-269 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH PRECISION CONTRACTING INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $167,800; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $16,780; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT AND EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Precision Contracting Inc., 1818 N Orangethrope Park, Anaheim, California 92801 is the lowest responsive responsible bidder for Demolition of Fire Station 223 and Verdemont Community Center Plans and Special Provision No. 13225. A contract is awarded to said bidder in a total amount of $167,800 with a contingency amount of $16,780 but such contract shall be effective only upon being fully executed by both parties. The City Manager or designee is hereby authorized and directed to execute said contract on behalf of the City. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $40,058 on behalf of the City. A copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as though fully set forth at length. SECTION 2 The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $167,800 to Precision Contracting Inc. for this work. SECTION 3. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course The authorization to execute this contract is rescinded if the parties to the contract fails to execute it and return the fully executed contract to the Office of the City 1 8.b Packet Pg. 127 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Resolution-Attachment 1 (5735 : RESOLUTION NO. 2018-269 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH PRECISION CONTRACTING INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $167,800; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $16,780; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT AND EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clerk within ninety (90) days of passage of this Resolution. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 8.b Packet Pg. 128 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Resolution-Attachment 1 (5735 : RESOLUTION NO. 2018-269 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH PRECISION CONTRACTING INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $167,800; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $16,780; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT AND EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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 8.b Packet Pg. 129 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Resolution-Attachment 1 (5735 : 8.cPacket Pg. 130Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Tab -Attachment 2 8.d Packet Pg. 131 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 132 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 133 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 134 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 135 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 136 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 137 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 138 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 139 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 140 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 141 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 142 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 143 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 8.d Packet Pg. 144 Attachment: PW.Precision Contracting Inc Contract Award Fire Station and Verdemont Community Center Demolition - Bid Form -Attachment 3 CONTRACT AGREEMENT 8.e Packet Pg. 145 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Agreement-Attachment 4 (5735 : A G R E E M E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the City of San Bernardino (owner and hereinafter "CITY"), and ___Precision Contracting Inc._________________ ________________________________________________________________ (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the DEMOLITION OF FIRE STATION-223 AND VERDEMONT COMMUNITY CENTER PROJECT in strict conformity with Plans and Special Provisions No. 13225 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 8.e Packet Pg. 146 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Agreement-Attachment 4 (5735 : AGREEMENT: DEMOLITION OF FIRE STATION-223 AND VERDEMONT COMMUNITY CENTER PROJECT 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: BY: ___________________________________ ANDREA M. MILLER City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: _______________________________ GEORGEANN HANNA _______________________________________ City Clerk _______________________________________ PHONE NO.: ( )_____________________ APPROVED AS TO FORM: ATTEST: _______________________________ GARY D. SAENZ, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. 8.e Packet Pg. 147 Attachment: PW.Precision Contracting Inc Contarct Award Fire Station 223 and Verdemont Community Center-Agreement-Attachment 4 (5735 : 9.a Packet Pg. 148 Attachment: PW.Vuclan Staff report 2018 (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-255, authorizing a vendor purchase agreement with Vulcan Materials Company. If the vendor purchase agreement is not approved the division will have to discontinue their road repair work. Attachments Attachment 1 Resolution Attachment 2 Vendor Purchase Agreement (Exhibit “A”) Attachment 3 Bid Tabulation Summary Ward: All Synopsis of Previous Council Actions: 6/17/2013 Resolution 2013-190 was approved, authorizing the execution of an agreement and issuance of an annual purchase order in an amount not to exceed $91,600 for FY 13/14 with two one-year renewals. 9/14/2018 8:16 AM 9.a Packet Pg. 149 Attachment: PW.Vuclan Staff report 2018 (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) RESOLUTION NO. 2018-255 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER WITH VULCAN MATERIALS COMPANY FOR THE PURCHASE OF ASPHALT CONCRETE MATERIALS 1 2 3 4 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, Vulcan Materials Company was determined to be the sole bidder for the purchase of asphalt materials for street repairs per RFQ F-19-03; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Vendor Purchase Agreement between the City of San Bernardino and Vulcan Materials Company, a copy of which is attached hereto, marked Exhibit “A”, and incorporated herein by reference as fully as though set forth at length. SECTION 2. That pursuant to this determination the Director of Finance or his designee is hereby authorized to issue an annual purchase order to Vulcan Materials Company in the amount of $100,000 with four (4) one-year extensions at the City’s option. SECTION 3. The Purchase Order shall reference this Resolution Number and shall read, “Vulcan Materials Company for the purchase of asphalt materials. Agreement not to exceed $100,000” and shall incorporate the terms and conditions of the Agreement. SECTION 4. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage of this resolution. /// 9.b Packet Pg. 150 Attachment: PW.Vulcan Resolution (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) RESOLUTION NO. 2018-255 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER WITH VULCAN MATERIALS COMPANY FOR THE PURCHASE OF ASPHALT CONCRETE MATERIALS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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:_________________________ 9.b Packet Pg. 151 Attachment: PW.Vulcan Resolution (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) VENDOR PURCHASE AGREEMENT This VENDOR Purchase Agreement is entered into this 19th day of September, 2018, by and between Vulcan Materials Company (“VENDOR”) and the City of San Bernardino (“CITY” or “San Bernardino”). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire asphalt materials for street repair and; WHEREAS, The City of San Bernardino did solicit and accept quotes from available VENDORs for such asphalt materials for street repair; and WHEREAS, VENDOR is the sole bidder to provide said materials to City; and NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and materials as set forth in RFQ F-19-03, a copy of which is on file in the Public Works Department and a copy of the Price Form is attached hereto as Attachment “1” and incorporated here by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $100,000 for the purchase of asphalt materials for street repairs pursuant to RFQ F-19-03. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from July 1 , 2018 through June 30, 2019, with four (4) one-year extensions at the City’s option. Option year one, if exercised, shall be effective Exhibit “A” 1 9.c Packet Pg. 152 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) July 1, 2019 through June 30, 2020. Option year two, if exercised, shall be effective July 1, 2020 through June 30, 2021. Option year three, if exercised, shall be effective July 1, 2021 through June 30, 2022. Option year four, if exercised, shall be effective July 1, 2022 through June 30, 2023. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of VENDOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at its own expense, including attorney’s fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the VENDOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. Exhibit “A” 2 9.c Packet Pg. 153 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Exhibit “A” 3 9.c Packet Pg. 154 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Works Department 290 North “D” Street San Bernardino, CA 92401 Telephone: (909) 384-5045 TO THE VENDOR: Vulcan Materials Company Lockbox 55572 Los Angeles, CA 90074 Telephone: (951) 316-4069 Contact: Joelle Donaldson 9. ATTORNEYS’ FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorney’s fees for the City Attorney and members of his office shall be calculated based on market rate for comparable services. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void Exhibit “A” 4 9.c Packet Pg. 155 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any Exhibit “A” 5 9.c Packet Pg. 156 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. /// 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. Exhibit “A” 6 9.c Packet Pg. 157 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) VENDOR PURCHASE AGREEMENT BETWEEN VULCAN MATERIALS COMPANY AND THE CITY OF SAN BERNARDINO IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 VULCAN MATERIALS COMPANY By: ___________________________ Its: ___________________________ Dated ____________, 2018 CITY OF SAN BERNARDINO By: ___________________________ ANDREA M. MILLER, City Manager City of San Bernardino Approved as to Form: GARY D. SAENZ, City Attorney By: ______________________ Exhibit “A” 7 9.c Packet Pg. 158 Attachment: PW.Vulcan VPA (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) 9.d Packet Pg. 159 Attachment: PW.Vulcan RFQ F-19-03 (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) 9.d Packet Pg. 160 Attachment: PW.Vulcan RFQ F-19-03 (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) 9.d Packet Pg. 161 Attachment: PW.Vulcan RFQ F-19-03 (5736 : Issuance of an Annual Purchase Order to Vulcan Materials Company) 10.a Packet Pg. 162 Attachment: PW.Five Year CPNA-2019-2023.REPORT (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for includes the anticipated funding sources, funding amounts and project phasing for eligible projects that were included in the SBCTA Nexus Study. This information is needed from each local agency to assist SBCTA staff in preparing an overall capital needs and cash flow analysis for the Valley Major Street Program. Discussion The projects listed in the proposed FY 2019/20 through FY 2023/24 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee). The key difference between this Program and the Measure "I" Five-Year Plan is that the projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure "I" 2010-2040 Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure "I" 2010-2040 Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA. The following five projects are recommended for inclusion in the CPNA: 1. Mt. Vernon Bridge Replacement Project (SS04-012). 2. State Street, Phase 1, 16th Street to Base Line Street (SS04-009). 3. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014). 4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152). 5. Cooperative Project with the City of Highland - Fifth Street Improvements from Del Rosa Drive to Victoria Avenue (SS19-004). The first four projects are on-going and are currently included in the City’s Capital Improvement Program. All four were included in the previous CPNA for FY 2018/19 through FY 2022/23. The fifth project is a new Cooperative Project proposed by the City of Highland. The pavement along Fifth Street is in extremely poor condition. The Remaining Service Life (RSL) is shown as zero years on the San Bernardino’s Pavement Management Analysis (PMA). This project will replace the pavement, widening the street from 2 to 4 lanes continuously between Del Rosa Drive and Victoria Avenue and will include curb, gutters, sidewalk, street lights, medians and storm drains. The total cost is estimated as $15,638,000 with San Bernardino’s share estimated as $11,832,000 and Highland’s share $3,806,000. It is anticipated that the cost can be shared with other agencies, such as the Inland Valley Development Agency (IVDA), the East Valley Water District (EVWD) and the San Bernardino County Transportation Authority (SBCTA). The San Manuel Band of Mission Indians owns property along Fifth Street and has been identified as a possible contributor. A meeting has been scheduled with all the Agencies involved to discuss the role and participation of each Agency. 9/14/2018 8:20 AM 10.a Packet Pg. 163 Attachment: PW.Five Year CPNA-2019-2023.REPORT (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for See attached map showing the locations of the proposed projects. The projects shown in the attached CPNA are consistent with the approved Capital Improvement Program (CIP) and the Public Works Department Work Plan with the exception of Project 5, which is proposed to be added to the CIP and Department Work Plan. Fiscal Impact Projects 1 through 4 in the proposed FY 2019/20 through FY 2023/24 CPNA for the City of San Bernardino have previously been identified in the City's most recent Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation Development Impact Fee (Regional DIF). The estimated cost of Project 5 is as follows: Description City of Highland City of San Bernardino Total Fiscal Year Environmental & PS&E $155,500 495,000 $650,500 2018/19 Right-of Way 74,000 $488,000 $562,000 2019/20 Construction Engineering $466,500 $1,434,000 $1,900,500 2020/21 Construction $3,110,000 $9,415,000 $12,525,000 2021/22 TOTAL $3,806,000 $11,832,000 $15,638,000 It is proposed that the City of San Bernardino add Project 5 to its FY 2018 through FY 2023 Capital Improvement Program and allocate funding in the amount of $495,000 from fund 264 (Regional DIF) as its share of the cost of the environmental and Plans Specifications & Estimate (PS&E) phase of Fifth Street Improvements from Del Rosa Drive to Victoria Avenue. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-256 adopting the Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for Measure "I" 2010-2040 Expenditures and amending the Five-Year Capital Improvement Program for FY 2018/19 through FY 2022/23. Attachments Attachment 1 Resolution Adopting Five-Year Capital Project Needs Analysis (CPNA); Exhibit A - CPNA 2019/2020 through 2023/2024; Exhibit B - CIP Detail Sheet Attachment 2 Projects Location Map 9/14/2018 8:20 AM 10.a Packet Pg. 164 Attachment: PW.Five Year CPNA-2019-2023.REPORT (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for Ward: All: Synopsis of Previous Council Actions: 11/21/2011 Capital Project Needs Analysis 2012-2017 for Measure I 2010-2040 was adopted. 01/22/2013 Capital Project Needs analysis 2013-2018 for Measure I 2010-2040 was adopted. 10/20/2014 Capital Project Needs Analysis 2014-2019 for Measure I 2010-2040 was adopted. 12/07/2015 Capital Project Needs Analysis 2015-2020 for Measure I 2010-2040 was adopted. 03/20/2017 Capital Project Needs Analysis 2016-2021 for Measure I 2010-2040 was adopted. 02/07/2018 Capital Project Needs Analysis 2017-2022 for Measure I 2010-2040 was adopted. 9/14/2018 8:20 AM 10.a Packet Pg. 165 Attachment: PW.Five Year CPNA-2019-2023.REPORT (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for RESOLUTION NO. 2018-256 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2019/20 THROUGH FY 2023/24) FOR MEASURE "I" 2010- 2040 EXPENDITURES AND AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FY 2018/19 THROUGH FY 2022/23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Finance is authorized and directed to amend the FY 2018/19 through 2022/23 Budget to add a new Capital Improvement Project in the Streets and Street Lighting Section as follows: Cooperative Project with the City of Highland - Fifth Street Widening from Del Rosa Drive to Victoria Avenue (SS19-004). SECTION 2. The Director of Finance is authorized and directed to amend the FY 2018/19 through 2022/23 Budget by transferring $495,000 from Fund 264 (Regional Development Impact Fee) for the Cooperative Project with the City of Highland – Fifth Street Widening from Del Rosa Drive to Victoria Avenue (SS19-004) and to issue a new account number for the project. SECTION 3. The attached detail sheet for Capital Improvement Project No. SS19-004 marked Exhibit B is hereby approved. SECTION 4. San Bernardino County voters approved passage of Measure I 2010- 2040 in November 2004, authorizing the San Bernardino County Transportation Authority (SBCTA) or Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino. SECTION 5. Revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority. 1 10.b Packet Pg. 166 Attachment: PW.Five Year CPNA-2019-2023.RESOLUTION (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for RESOLUTION NO. 2018-256 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2019/20 THROUGH FY 2023/24) FOR MEASURE "I" 2010- 2040 EXPENDITURES AND AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FY 2018/19 THROUGH FY 2022/23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. The Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Program to annually adopt and update a Five-Year Capital Project Needs Analysis. SECTION 7. The Mayor and City Council of the City of San Bernardino hereby adopt the five-year Capital Project Needs Analysis (2019/2020 through 2023/2024) for Measure "I" 2010-2040 attached hereto and incorporated herein as Exhibit A. /// /// /// /// /// /// /// /// /// /// /// /// 2 10.b Packet Pg. 167 Attachment: PW.Five Year CPNA-2019-2023.RESOLUTION (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for RESOLUTION NO. 2018-256 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2019/20 THROUGH FY 2023/24) FOR MEASURE "I" 2010- 2040 EXPENDITURES AND AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FY 2018/19 THROUGH FY 2022/23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 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 10.b Packet Pg. 168 Attachment: PW.Five Year CPNA-2019-2023.RESOLUTION (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.c Packet Pg. 169 Attachment: PW.Five Year CPNA-2019-2023EXHIBIT A (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.c Packet Pg. 170 Attachment: PW.Five Year CPNA-2019-2023EXHIBIT A (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.c Packet Pg. 171 Attachment: PW.Five Year CPNA-2019-2023EXHIBIT A (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.c Packet Pg. 172 Attachment: PW.Five Year CPNA-2019-2023EXHIBIT A (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.c Packet Pg. 173 Attachment: PW.Five Year CPNA-2019-2023EXHIBIT A (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for EXHIBIT B CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET STREETS CIP No. Project Name SS09-004 Coop w/Highland - Fifth Street Widening/Del Rosa Ave to Victoria Ave FY 2018-19 Appropriation Fund: $495,000 Reg. Dif (264) Department Public Works Wards 1, 6 CIP Type Streets Project Category New Division Engineering Project No. XXXX This project consists of widening and improving Fifth Street between Del Rosa Avenue and Victoria Avenue to provide 4 through lanes, including installation of curb, gutter, sidewalk, medians, storm drains and street lights. Traffic signals at Del Rosa Avenue, Sterling Avenue and Victoria Avenue will be modified or replaced. PROJECT FUNDING AND EXPENDITURE DETAIL Funding Source FY 18-19 Projected FY 19-20 Projected FY 20-21 Projected FY 21-22 Projected FY22-23 Projected Estimated Project Total Regional DIF (264) $495,000 $488,000 $1,434,000 $9,415,000 $0 $11,832,00 Totals $495,000 $488,000 $1,434,000 $9,415,000 $0 $11,832,00 Expenditures CEQA Env. & PS&E $470,000 $0 $0 $0 $0 $470,000 ROW $0 $463,000 $0 $0 $0 $463,000 Construction Engin. $0 $0 $1,409,000 $0 $0 $1,409,000 Construction $0 $0 $0 $9,390,000 $0 $9,390,000 Staff Oversight $25,000 $25,000 $25,000 $25,000 $0 $100,000 Totals $495,000 $488,000 $1,434,000 $9,415,000 $0 $11,832,00 PROJECT STATUS UPDATE Environmental clearance under CEQA will be completed in FY 18/19. PS&E will begin in late FY 18/19 and be completed by December of 2019. ROW acquisition will begin in early 2020 and be completed by January 2021. Construction Engineering can begin in early 2021 and construction can begin in July 2021and be completed in the second quarter of 2022. Consistency: 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. Forecasted Project Completion Date: June 30, 2022 On-going Operating & Maintenance Impact: Ongoing - Maintenance will decrease. Project Manager: Mike Grubbs 10.d Packet Pg. 174 Attachment: PW.Five Year CPNA-2019-2023.EXHIBIT B (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.e Packet Pg. 175 Attachment: PW.Five Year CPNA-2019-2023.MAPS (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.e Packet Pg. 176 Attachment: PW.Five Year CPNA-2019-2023.MAPS (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.e Packet Pg. 177 Attachment: PW.Five Year CPNA-2019-2023.MAPS (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.e Packet Pg. 178 Attachment: PW.Five Year CPNA-2019-2023.MAPS (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 10.e Packet Pg. 179 Attachment: PW.Five Year CPNA-2019-2023.MAPS (5737 : Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for 11.a Packet Pg. 180 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.REPORT (5738 : Amended and Restated Cooperative Agreement for environmental clearance, design, right-of-way acquisition and construction of the Mt. Vernon Avenue grade separation over the BNSF Railroad. On June 16, 2016, Cooperative Agreement No. 16-1001477 was approved specifically authorizing SBCTA to proceed with the environmental clearance, design, and right-of- way phases of the project. SBCTA has obtained re-certification of the original environmental document and is proceeding with a supplemental environmental document to address the additional project area being acquired north of 4th Street, which is needed for relocated buildings and trailer parking. After the environmental clearance is completed, final design and right-of-way acquisition can move ahead. Discussion On May 7, 2018, SBCTA submitted an Amended and Restated Cooperative Agreement No. 16-1001477-01 for approval by the City. The Amended and Restated Cooperative Agreement would authorize SBCTA to be the lead agency for not only environmental clearance, preliminary design and right-of way appraisal & acquisition (as was provided in the original Cooperative Agreement), but also for the design-build phase, including providing project management services. SBCTA is further authorized to retain HDR Engineering, Inc. as a Program Management Consultant and, as yet undetermined, a design-build contractor. Under this Amended and Restated Cooperative Agreement, the City will reimburse SBCTA for its share of the actual costs incurred, estimated at $5,959,760, towards environmental clearance, preliminary design, right-of-way appraisal and acquisition services, and design-build phases of the Project. The City is negotiating with SBCTA for a loan to pay its share of the cost over a period of seven years. 2018-2019 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City, since it will contribute to well-maintained streets for sustained economic growth. Fiscal Impact Sufficient funds are available and are proposed to be allocated in the next seven fiscal years to cover the cost of this project. The approximate amount of each fiscal year allocation will be $852,000 over the seven year period. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 257 approving Contract No. 16-1001477-01, Amended and Restated Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) for the development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SS04-12). Attachments Attachment 1 – Resolution; Exhibit A- Mt. Vernon Cooperative Agreement with SBCTA 9/14/2018 8:22 AM 11.a Packet Pg. 181 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.REPORT (5738 : Amended and Restated Cooperative Agreement Ward: 1,3 Synopsis of Previous Council Actions: 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. 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. 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. 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. 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. 12-01-03 Adopted resolution approving Professional Environmental Services Agreement with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. 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 (SSO4-12). 06-20-18 Adopted Resolution No. 2018-164 approving Contract No. 16-1001477-01, Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) for the development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12). Note: Contract approved in error. Not executed by SBCTA. 9/14/2018 8:22 AM 11.a Packet Pg. 182 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.REPORT (5738 : Amended and Restated Cooperative Agreement RESOLUTION NO. 2018-257 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONTRACT NO. 16-1001477-01, AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR THE DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT (SS04-12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, Contract No. 16-1001477-01, Amended and Restated 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), attached herein as Exhibit “A”. SECTION 2. The authorization to execute the above-referenced Agreements is rescinded if they are not executed within ninety (90) days of the passage of this Resolution. /// /// /// /// /// /// /// /// /// 1 11.b Packet Pg. 183 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.RESOLUTION (5738 : Amended and Restated Cooperative RESOLUTION NO. 2018-257 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONTRACT NO. 16-1001477-01, AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR THE DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT (SS04-12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11.b Packet Pg. 184 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.RESOLUTION (5738 : Amended and Restated Cooperative 16-1001477-01 Page 1 of 14 AMENDED AND RESTATED COOPERATIVE AGREEMENT NO. 16-1001477-01 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO FOR ENVIRONMENTAL CLEARANCE, PRELIMINARY DESIGN, RIGHT-OF-WAY (ROW), AND DESIGN-BUILD PHASES FOR THE MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILWAY INTERMODAL YARD IN THE CITY OF SAN BERNARDINO THIS Amended and Restated COOPERATIVE AGREEMENT (“Agreement”) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as “SBCTA”) and the City of SAN BERNARDINO (“CITY”), (SBCTA and CITY may be referred to herein as a “Party” and collectively “Parties”). WHEREAS, CITY intends to remove and replace the existing Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard; and WHEREAS, planned improvements include removal and replacement of the Viaduct Bridge and improvements to existing streets, storm drains, traffic signals, BNSF Railway Intermodal Yard, and related work necessitated by the bridge removal and replacement and is defined as the “PROJECT”; and WHEREAS, the Parties consider the PROJECT to be a high priority and are willing to participate in funding the PROJECT pursuant to the provisions of Measure I 2010-2040 Expenditure Plan and the SBCTA Nexus Study (“Nexus Study”) prepared by the San Bernardino County Transportation Authority (“SBCTA”), and approved by the SBCTA Board of Directors on November 6, 2013; and WHEREAS, the Parties entered into Cooperative Agreement No. 161001477 in 2016 (“Original Agreement”) to delineate roles, responsibilities, and funding commitments relative to the Environmental Clearance, Design and Right-of-Way (ROW) phases of the PROJECT before delivery of the PROJECT through design-build method was contemplated or authorized; and 11.c Packet Pg. 185 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 2 of 14 WHEREAS, the CITY had previously completed preliminary engineering and obtained Environmental Clearance from Caltrans in June of 2011, however a revalidation of the Environmental Clearance is required; and WHEREAS, State and/or Federal funds are anticipated to be used to fund a portion of PROJECT; and WHEREAS, the CITY had previously procured the services of AECOM Technical Services, Inc. (AECOM) for design and ROW services May 6, 2013, under CITY Contract 2013- 81 with AECOM for the environmental revalidation, design and ROW services for the Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard Project (SERVICES AGREEMENT) and had progressed design to approximately a 30 percent level; and WHEREAS, the professional services provided by AECOM were required through certain phases of the PROJECT; and WHEREAS, CITY, SBCTA and AECOM entered into an Assignment and Assumption Agreement (SBCTA Contract No. 16-1001511) under which CITY assigned and SBCTA assumed CITY’s rights, obligations and responsibilities under the SERVICES AGREEMENT, to which AECOM gave its consent; and WHEREAS, the CITY desires SBCTA to provide project management services for the Environmental Clearance, Preliminary Design, ROW, and Design-Build phases of the Project, and understands it is the CITY’s sole responsibility to pay 100% of actual SBCTA Project Management costs in accordance with SBCTA Measure I Strategic Plan Policy 40006/VMS-29 and -30; and WHEREAS, the Parties desire to amend and restate the Original Agreement to reflect the use of design-build project delivery method as authorized for this PROJECT by AB 1523 in lieu of design-bid-build project delivery method; and WHEREAS, the PROJECT work will be constructed by SBCTA’s design-build contractor and the City shall effectively assist SBCTA to obtain all necessary CITY PROJECT approvals and efficiently issue no cost encroachment permits to facilitate design and construction work within City limits; and WHEREAS, this Agreement amends and restates the Original Agreement and is Amendment No. 1 to the Original Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein, the Parties agree as follows: 11.c Packet Pg. 186 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 3 of 14 I. SBCTA RESPONSIBILITIES SBCTA agrees: A. To become lead agency on Environmental Clearance, Preliminary Design, ROW, and Design-Build phases, to provide Project Management Services and to diligently undertake and complete these phases of work on the PROJECT, including the selection and retention of consultant and the design-build contractor. Performance of services and work under these contracts shall be subject to the technical direction of SBCTA’s Director of Project Delivery, or her designee, with input and consultation from CITY. B. To provide all necessary ROW services to acquire rights-of-way for PROJECT through negotiated purchases of property, or if necessary, through Eminent Domain. If necessary, SBCTA will conduct the Resolutions of Necessity hearings and acquire property in the name of SBCTA for purposes of construction of the PROJECT and convey such property, or portions thereof, to CITY. The interest conveyed to the CITY shall be a permanent easement or other required instrument for public street and/or utility purposes. C. To make reasonable efforts to relocate businesses affected by the PROJECT within the boundaries of the CITY to the extent feasible. D. To identify the utilities within the PROJECT area and coordinate with utility companies to determine their location, and if necessary, their relocation. E. To obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost. F. To have the Environmental Clearance, Preliminary Design, ROW, and Design- Build documents and drawings of civil, structural, mechanical, electrical, architectural, or other engineering features of PROJECT prepared by or under the direction of engineers or architects registered and licensed in the applicable professional field in the State of California. Any engineering reports and each sheet of plans and specifications for PROJECT shall bear the professional seal, certificate number, registration classification, expiration date certificate, and signature of the professional engineer responsible for their preparation. G. To contribute towards the cost of Environmental Clearance, Preliminary Design, ROW, and Design-Build phases of PROJECT and any financing costs associated with the delivery of these phases of PROJECT in an amount not to exceed $9,826,535 (the Public Share amount) as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstances is the total combined SBCTA contribution to exceed $9,826,535 without an amendment to this Agreement. 11.c Packet Pg. 187 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 4 of 14 H. To prepare and submit to CITY an original and two copies of signed invoices for reimbursement of eligible PROJECT expenses. Invoices may be submitted to CITY as frequently as monthly. I. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support SBCTA’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of Project Management, Environmental Clearance, Preliminary Design, ROW, and Design-Build work elements and any financing costs associated with the delivery of these work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by SBCTA. J. To prepare a final accounting of expenditures, including a final invoice for Project Management, Environmental Clearance, Preliminary Design, ROW, Design-Build, and financing costs. The final accounting and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of work and approval of the final project closeout report submitted to Caltrans and shall be submitted to CITY. The invoice shall include a statement that the PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific Project Management, Environmental Clearance, Preliminary Design, ROW, and Design-Build work activities and financing costs associated with the delivery of those work activities. K. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon completion of the Project Management, Environmental Clearance, Preliminary Design, ROW, and Design-Build work. The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this Agreement. L. To reimburse CITY for costs that are determined by subsequent audit to be unallowable within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should the finding not be otherwise resolved and SBCTA fails to reimburse monies due CITY within ninety (90) calendar days of audit finding, or within such other period as may be agreed between both Parties hereto, CITY reserves the right to withhold future payments due SBCTA from any source under CITY’s control. M. To include CITY in Project Development Team (PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items. N. To provide CITY an opportunity to review and comment on the Environmental Clearance, Preliminary Design, ROW, Design-Build and closeout documents with adequate lead time for CITY to complete such review. O. To provide submittals to the CITY at appropriate stages of PROJECT development and to provide an opportunity for CITY to review and comment on the provided documents. 11.c Packet Pg. 188 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 5 of 14 P. SBCTA and its consultants shall apply for encroachment permits authorizing entry of SBCTA and its consultants onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, required by the PROJECT. Q. To maintain all source documents, books and records connected with SBCTA’s performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to CITY or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of CITY. Copies will be made and furnished by SBCTA upon request. R. To address, prior to incorporation into the project, any requests made by the CITY for any betterments and/or additional work and the source of funding of same under separate agreements or amendments to this agreement approved between Parties. S. To obtain funding obligation (i.e., FNM-76/E-76), as needed, from Caltrans Local Assistance. II. CITY RESPONSIBILITIES CITY agrees: A. To reimburse SBCTA for its share of the actual costs incurred estimated at $5,959,760 towards the Environmental Clearance, Preliminary Design, ROW and Design-Build phases of the PROJECT and any financing costs associated with the delivery of these phases of the PROJECT, which includes $1,250,000 towards Project Management, as shown in Attachment A. If payment is not made within sixty (60) days of the invoice date, SBCTA will withhold CITY’s Measure I Local Street Program pass through funds in the invoice amount. As CITY makes payments toward the current amount due, the withheld pass through funds will be released to CITY. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstances is the total combined CITY contribution to exceed $5,959,760 (the Development Share amount) without an amendment to this Agreement. B. To pay to SBCTA a deposit of $905,891 for the CITY Development Share amount for these project phases as noted in the project funding table in Attachment A. CITY shall make deposit payment no later than thirty (30) calendar days after SBCTA invoices CITY. After Parties agree that all work is complete, SBCTA will submit a final accounting for all costs for all phases covered in this Agreement. Based on the final accounting, SBCTA will refund to the CITY as necessary in order to satisfy the financial commitments of this Agreement for CITY’s Development Share amount. 11.c Packet Pg. 189 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 6 of 14 C. SBCTA will have the right to withdraw funds for all eligible PROJECT expenditures as set forth in this Agreement, including eligible PROJECT expenditures prior to CITY’s deposit of funds. Any unused funds will be returned to CITY. D. To provide SBCTA with all procurement documentation for the City of San Bernardino Contract 2013-81 with AECOM for the design and ROW services for the Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard Project. E. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits. F. To designate a responsible staff member that will be CITY’s representative in attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents. G. To complete review and provide comments on PROJECT submittals prior to the Design- Build phase to SBCTA within 20 working days after the submittal is received by the CITY. If comments are not provided by the 20th working day, SBCTA will deem the submittals approved by CITY and shall notify CITY of its intention to move forward with PROJECT execution. CITY agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT related submittals requiring CITY review and comment. During the Design-Build phase, SBCTA will provide review and recommendation submittals to CITY for approval. CITY shall provide said approval within 5 working days at no cost. If comments/approval is not provided by the 5th working day, SBCTA will deem the submittals approved by City and shall notify CITY of its intention to move forward with the project. H. That the final plans and specifications shall be approved by the CITY pursuant to Article II, Section G above. The City Engineer shall be the PROJECT Designated Engineer as defined by Local Assistance of the State of California Department of Transportation. I. To provide at no cost to SBCTA existing improvement plans, and standard plans and specifications. J. To accept all PROJECT acquired rights-of-way located within CITY’s jurisdictional boundaries upon completion of construction. The City Council of San Bernardino, by approval of this Agreement, authorizes and directs the City Clerk to execute an acceptance, in substantial conformance with the form attached hereto as Attachment B, within thirty (30) days of receipt of a quit claim deed from SBCTA conveying its interests in such acquired rights-of-way. 11.c Packet Pg. 190 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 7 of 14 K. To provide any CITY required permits, inspections, reviews, acceptance of the transfer of title of properties and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA for the work of the PROJECT. L. To provide SBCTA copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs. M. To assist SBCTA as requested, and when necessary, exercise its rights under utility relocation law or under any franchise agreement, to cause each utility to relocate or rearrange its utility facilities. N. CITY’s City Engineer is authorized to act on behalf of CITY under this Section of the Agreement. III. MUTUAL RESPONSIBILITIES AND AGREEMENT The Parties agree: A. To abide by all applicable Federal, State and Local laws, regulations, policies, procedures and standards pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this Agreement. B. In the event that any federal or state funds that are classified as funds that buy down the total cost of the PROJECT, per San Bernardino Valley Subarea (VS) Measure I 2010-2040 Strategic Plan Policy 40001.IV.I.1, are used, the Parties acknowledge the federal or state funds will be used to reduce Development Share and Public Share, as defined in Attachment A, proportionally. In addition, in the event SBCTA determines Project Management, Environmental Clearance, Preliminary Design, ROW and Design-Build work and any financing costs associated with the delivery of this work may exceed the total amount identified in Attachment A of this Agreement, SBCTA shall inform CITY of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the amounts identified in this Agreement. In no event, however, shall any of the Parties be responsible for PROJECT costs in excess of the total amount identified in this Agreement absent a written amendment that is approved by all Parties. C. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for PROJECT-specific work activities and any financing costs associated with the delivery of these PROJECT-specific work activities that are described in this Agreement and shall not include escalation or interest. SBCTA Policy 40006/VMS 25 further defines eligible ROW work regarding land and applies to this Agreement. D. In the event that federal funds are used in any phase of work, the Parties acknowledge Federal Highway Administration (FHWA) requires that the PROJECT must progress to a capital phase (ROW) within ten years or the federal funds may be required to be repaid to FHWA. Should repayment be required, and is a result of the PROJECT not progressing by 11.c Packet Pg. 191 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 8 of 14 choice, it shall be the responsibility of the Party that determines it is unable to move forward with the PROJECT. If it is mutually decided that the PROJECT will not move forward then repayment of any federal funds used for Public Share will be the responsibility of SBCTA and any federal funds used for the Local Share will be the responsibility of CITY. E. This Agreement is expressly subordinated to any bonds, notes, certificates, or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SBCTA. F. CITY, independent of PROJECT, is responsible for any hazardous material (including but not limited to hazardous waste) found within PROJECT limits that may require removal and disposal pursuant to federal or state law. SBCTA will undertake hazardous material management activities with minimum impact to PROJECT schedule. CITY will pay all costs associated with hazardous material activities including management costs of SBCTA. G. The CITY is the PROJECT owner, operator and maintainer of the existing and proposed improvements and this Agreement does not transfer ownership to SBCTA nor does it transfer any legal responsibilities associated with ownership, operation and maintenance of the existing and future improvements. H. Environmental Clearance is assumed to consist of a revalidation of the Environmental Clearance the CITY received from Caltrans in June of 2011 and revalidation of any new PROJECT footprint areas beyond that defined in the June 2011 document. In the event that a revalidation is determined to not be sufficient based on those PROJECT requirements, Parties shall review scope and cost of such work for Environmental Clearance and amend this Agreement if additional cost will result in exceeding funding limits of each Party. I. The Design-Build phase of the PROJECT shall be performed in accordance with CITY standards and practices. The approved for construction packages will be based on the following standards but not be limited to: a. Standard Specifications for Public Works Construction (Greenbook) b. Standard Plans for Public Works Construction c. City Standard Specifications d. City Standard Plans e. Caltrans Bridge Standard Plans and Specifications f. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards g. BNSF/UP Railroad Standard Plans and Specifications h. Other applicable standard plans and specifications J. If SBCTA is to be reimbursed from state or federal funds that are provided by CITY for Project Management, Environmental Clearance, Preliminary Design, ROW, and Design- Build work and any financing costs associated with the delivery of that work and SBCTA administers those funds, then SBCTA will draw from those funds without invoicing CITY. 11.c Packet Pg. 192 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 9 of 14 K. Neither SBCTA nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY or its officers, directors, employees, agents, volunteers and contractors under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. L. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA or their officers, directors, employees, agents, volunteers and contractors under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. M. This Agreement will terminate upon completion of (1) SBCTA’s management of the Environmental Clearance, Preliminary Design, ROW, Design-Build, and Closeout phases of the PROJECT, final property disposition, PROJECT closeout and reimbursement of eligible costs by CITY to SBCTA, or (2) December 31, 2025, whichever is earlier in time, unless otherwise extended by agreement, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. N. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. O. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any Party may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event of a termination, the Party terminating this Agreement shall be liable for any costs or other obligations it may have incurred under the terms of the Agreement prior to termination. P. 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. Q. 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. All Parties agree to follow 11.c Packet Pg. 193 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 10 of 14 all local, state, county and federal laws and ordinances with respect to performance under this Agreement. R. The Parties agree that each Party and any authorized representative, designated in writing to the Parties, and upon reasonable notice, shall have the right during normal business hours to examine all Parties’ financial books and records with respect to this Agreement. The Parties agree to retain their books and records for a period of five (5) years from the later of a) the date on which this Agreement terminates; or b) the date on which such book or record was created. S. 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. T. This Agreement cannot be amended or modified in any way except in writing, signed by all Parties hereto. U. Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either 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. V. 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. W. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs K and L of this Section. X. This Agreement may be signed in counterparts, each of which shall constitute an original. Y. CITY and SBCTA represent that they have sufficient insurance coverage for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective insurance programs, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. Z. Attachment A (Project Description and Project Funding Table) and Attachment B (Quit Claim Deed Certification) are attached to and incorporated into this Agreement. AA. The Recitals are true and correct, and are incorporated into and made a part of this Agreement. 11.c Packet Pg. 194 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 11 of 14 BB. 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 or by facsimile addressed to the relevant party at the address/fax number stated below: If to SBCTA: Paula Beauchamp Director of Project Delivery 1170 West Third Street, Second Floor San Bernardino, CA 92410-1715 Telephone: (909) 884-8276 If to CITY: Alex Qishta Deputy Director of Public Works/City Engineer 290 North “D” Street San Bernardino, CA 92401 Telephone: (909) 384-5019 IN WITNESS THEREOF, this Agreement has been executed by the Parties hereto and is effective on the date signed by SBCTA. [Signature page to follow] 11.c Packet Pg. 195 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 16-1001477-01 Page 12 of 14 SIGNATURE PAGE TO AMENDED and RESTATED COOPERATIVE AGREEMENT NO. 16-1001477-01 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION AUTHORITY By: ____________________________ By:___________________ James C. Ramos Andrea M. Miller President, Board of Directors City Manager Date:___________________ Date:___________________ APPROVED AS TO FORM AND ATTEST PROCEDURE: By:_____________________ Georgeann Hanna By:_____________________ City Clerk Eileen Monaghan Teichert General Counsel APPROVED AS TO FORM: By:_____________________ By:_____________________ Jeffery Hill Gary D. Saenz Procurement Manager City Attorney 11.c Packet Pg. 196 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement Contract No. 16-1001477-01 Attachment A PROJECT DESCRIPTION The CITY of San Bernardino and SBCTA propose to remove and replace the existing Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard. It is intended that SBCTA serves as the lead for the Environmental Clearance, Preliminary Design, ROW and Design-Build phases of the work. PROJECT FUNDING TABLE Public Share: 67.6% Nexus Development Impact Fee Share (“DIF”, “Development Share” or “Local Share”): 32.4% PHASE TOTAL BEFORE PROJECT BUY DOWN INCLUDING PROJECT BUY DOWNS SBCTA SHARE (Public) CITY SHARE (DIF) Federal HBP BUY DOWN1 BNSF Contribution2 SBCTA SHARE (Public)3 CITY SHARE (DIF)4 ENVIRONMENTAL CLEARANCE AND PRELIMINARY DESIGN $5,250,000 $3,549,000 $1,701,000 $4,647,825 $602,175 $0 $0 RIGHT OF WAY $70,316,049 $47,533,649 $22,782,400 $62,250,798 $8,065,251 $0 $0 DESIGN-BUILD $75,300,300 $50,903,003 $24,397,297 $66,663,356 $8,636,944 $0 $0 PROJECT MANAGEMENT5 $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 FINANCING COSTS6 $14,536,295 $9,826,535 $4,709,760 $0 $0 $9,826,535 $4,709,760 TOTAL $166,652,644 $111,812,187 $54,840,457 $133,561,979 $17,304,370 $9,826,535 $5,959,760 Notes 1 Federal Highway Bridge Program (HBP) funds are expected to provide 88.53% of eligible PROJECT costs. 2 BNSF Contribution is estimated at $29.5 million. BNSF Contribution is expected to provide HBP match of 11.47% and, depending on the terms of agreements to be developed with the State on the use of HBP funds, may be used for Financing Costs and, lastly, Project Management costs. Any BNSF Contribution remaining after funding all other eligible costs will buy down the cost of the Design-Build Phase before application of the HBP Share. 3 Public Share is from the CITY share of Measure I Major Street Program – Arterial Subprogram funds. 4 A deposit of $905,891 from the CITY Development Share has been received to date under Agreement 16-1001477. 5 Depending on terms of agreements to be developed with the State on the use of HBP funds, BNSF contribution may be applied to Project Management costs after meeting all HBP match requirements for the PROJECT. 6 Depending on terms of agreements to be developed with the State on the use of HBP funds, HBP funds may buy down Financing Costs and BNSF Contribution may provide the HBP match requirement. 11.c Packet Pg. 197 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement Contract No. 16-1001477-01 Attachment B CITY OF SAN BERNARDINO 300 N. “D” STREET SAN BERNARDINO, CALIFORNIA 92401 QUIT CLAIM DEED CERTIFICATION California Government Code 27281 This is to certify that the real property conveyed by the attached instrument dated ______________, 20__ from the San Bernardino County Transportation Authority, a California transportation authority, as Grantor to the City of ______________, as Grantee, is hereby accepted by order of the City Council of the City of San Bernardino, County of San Bernardino, State of California, as the governing board of said grantee, and consents to the recordation thereof by its duly authorized officer. Date: ________________ By:_________________________ Name:______________________ Title:_______________________ ATTEST: _________________________ City Clerk City of San Bernardino 11.c Packet Pg. 198 Attachment: PW.SBCTA Mt Vernon Bridge Coop Agreement 16-1001477-01.EXHIBIT A (5738 : Amended and Restated Cooperative Agreement 12.a Packet Pg. 199 Attachment: PW.1-way & 2-way Stop Signs - REPORT (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections Throughout the The City’s Public Safety and Human Relations Commission (PS&HR), which is responsible for discussing matters concerning City law enforcement, emergency preparedness, traffic safety (traffic law enforcement and traffic engineering), and reviewing traffic engineering related items that will be presented to the Mayor and City Council for approval. Staff presented the proposed stop sign locations to the PS&HR Commission on August 13, 2018. Following the review of the analysis, the Commission voted unanimously to recommend the City Council approve the installation of the 1-way and 2-way stop signs at these intersections. 2018-19 Goals and Objectives This project is consistent with Goal No. 2: Provide for the safety of City Residents and Businesses. The project will utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe. Fiscal Impact The estimated cost is $ 4,000 for installing the stop signs and pavement markings. Sufficient funding is included and available in the adopted FY 2018/19 Budget in account: 001-402-5111. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-258 authorizing the installation of 2-way stop signs at the intersections of Grape Street at Oak Street, Grape Street at Poplar Street, Grape Street at Birch Street, 10th Street at Wall Avenue, 11th Street at Wall Avenue, Olive Street at Pico Avenue, and a 1-way stop sign at the intersection of Grape Street at Walnut Street. Attachments Attachment 1 Resolution Attachment 2 Vicinity Maps Attachment 3 Warrants Ward: 1, 2, 3 & 6 Synopsis of Previous Council Actions: • None 9/14/2018 11:06 AM 12.a Packet Pg. 200 Attachment: PW.1-way & 2-way Stop Signs - REPORT (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections Throughout the RESOLUTION NO. 2018-258 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF 2- WAY STOP SIGNS AT THE INTERSECTIONS OF GRAPE STREET AT OAK STREET, GRAPE STREET AT POPLAR STREET, GRAPE STREET AT BIRCH STREET, 10TH STREET AT WALL AVENUE, 11TH STREET AT WALL AVENUE, OLIVE STREET AT PICO AVENUE, AND A 1-WAY STOP AT THE INTERSECTION OF GRAPE STREET AT WALNUT STREET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (7.42) GRAPE STREET to read as follows: “ (7.42) GRAPE STREET (A) From Mill Street to Walnut Street” SECTION 2. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (21.92) WALNUT STREET to read as follows: “ (21.92) WALNUT STREET (A) At its intersection with Grape Street.” SECTION 3. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding the following to Subsection (17) TENTH STREET to read as follows: “ (17) TENTH STREET (A) At its intersection with Wall Avenue” 12.b Packet Pg. 201 Attachment: PW.1-way & 2-way Stop Signs - RESOLUTION - Attachment 1 (5739 : Establish 1-Way and 2-Way Stop Signs at Several RESOLUTION NO. 2018-258 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF 2- WAY STOP SIGNS AT THE INTERSECTIONS OF GRAPE STREET AT OAK STREET, GRAPE STREET AT POPLAR STREET, GRAPE STREET AT BIRCH STREET, 10TH STREET AT WALL AVENUE, 11TH STREET AT WALL AVENUE, OLIVE STREET AT PICO AVENUE, AND A 1-WAY STOP AT THE INTERSECTION OF GRAPE STREET AT WALNUT STREET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by amending Subsection (4.7) ELEVENTH STREET by adding the following Subsection to those currently listed to read as follows: “ (4.7) ELEVENTH STREET (B) At its intersection with Wall Avenue.” SECTION 5. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by amending Subsection (13.82) PICO AVENUE to read as follows: “ (13.82) PICO AVENUE (A) At its intersection with King Street (B) At its intersection with Olive Street.” 12.b Packet Pg. 202 Attachment: PW.1-way & 2-way Stop Signs - RESOLUTION - Attachment 1 (5739 : Establish 1-Way and 2-Way Stop Signs at Several RESOLUTION NO. 2018-258 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF 2- WAY STOP SIGNS AT THE INTERSECTIONS OF GRAPE STREET AT OAK STREET, GRAPE STREET AT POPLAR STREET, GRAPE STREET AT BIRCH STREET, 10TH STREET AT WALL AVENUE, 11TH STREET AT WALL AVENUE, OLIVE STREET AT PICO AVENUE, AND A 1-WAY STOP AT THE INTERSECTION OF GRAPE STREET AT WALNUT STREET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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 By: // Approved as to form: Gary D. Saenz, City Attorney 12.b Packet Pg. 203 Attachment: PW.1-way & 2-way Stop Signs - RESOLUTION - Attachment 1 (5739 : Establish 1-Way and 2-Way Stop Signs at Several 12.c Packet Pg. 204 Attachment: PW.1-way & 2-way Stop Signs - Vicinity Map - Attachment 2 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.c Packet Pg. 205 Attachment: PW.1-way & 2-way Stop Signs - Vicinity Map - Attachment 2 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.c Packet Pg. 206 Attachment: PW.1-way & 2-way Stop Signs - Vicinity Map - Attachment 2 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 207 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 208 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 209 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 210 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 211 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 212 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 213 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 214 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 215 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 216 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 217 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 12.d Packet Pg. 218 Attachment: PW.1-way & 2-way Stop Signs - WARRANTS - Attachment 3 (5739 : Establish 1-Way and 2-Way Stop Signs at Several Intersections 13.a Packet Pg. 219 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Staff Report (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency. The LRPMP includes 230 parcels of land grouped into forty-six (46) separate sites, seven (7) of which are designated for future development use by the City. In its letter dated May 17, 2016, the DOF directed the Successor Agency to transfer all of its LRPMP-designated future development use sites to the City. On August 1, 2016, the City Council approved its Resolution No. 2016-165, which authorized the City to accept title to the seven (7) future development-designated real property sites specified within the LRPMP, subject to the City implementing the provisions of the LRPMP with respect to such properties. On August 16, 2016, the Successor Agency transferred the seven (7) future development-designated real property sites specified within the LRPMP to the City at no cost via quitclaim deed. Discussion One of the seven (7) future development-designated real property sites, comprising of approximately 6.56 acres, and is commonly referred to as the “5th Street Gateway Property”, is 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) and is depicted on the “Property Map” that is included as Exhibit “A” to the attached Resolution (the “Property”). On December 6, 2017, the City issued an Invitation for Letters of Interest (the “Invitation”) seeking letters of interest including detailed proposals from developers concerning the development of the Property. The Invitation included the City’s following seven (7) key factors/goals with respect to the Property: 1. The Property is one of two primary I-215 access points into downtown San Bernardino. 2. It is anticipated that the Property will generate significant interest from highway commercial- and retail-oriented credit tenants, especially from those that value being near a high-volume freeway interchange and an In-N-Out Burger restaurant. 3. The City wishes to capitalize on the high traffic volumes generated by the I-215 Freeway and the In-N-Out Burger restaurant and thus prefers that the portion of the Project Property located at the northeast corner of 5th and “H” Streets (former INCO site) be developed with uses that are complementary to, and will magnify the economic activity of, the In-N-Out Burger restaurant (i.e., no gasoline station with a convenience store at that corner, but permissible elsewhere). 4. Portions of the Property could be developed for senior housing purposes (LMI housing was not mentioned and is not required). 5. Portions of the Property could be enhanced by the completion of land assembly that the former redevelopment agency was prevented from finishing. 6. The City prefers developers with both the interest in, and the economic capability of, potentially acquiring additional parcels of land that are adjacent to the Property. 7. The development of the Property will set the tone for future downtown economic revival efforts and must be “FIRST RATE” in all aspects. 13.a Packet Pg. 220 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Staff Report (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, The City received eight (8) proposals by the January 31, 2018 submittal deadline, including a proposal submitted by ICO Real Estate Group, Inc. (the “ICO” or “Developer”). At the conclusion of a thorough review process, City staff determined that ICO’s submittal was the most responsive to the Invitation based on the following nine (9) factors: 1. ICO has developed many projects in San Bernardino and is familiar with the City’s entitlement and permitting process (i.e., they are able to process quickly). 2. ICO believes that commercial will be completed first and the housing will follow (i.e., Demonstrating knowledge of the local economic marketplace). 3. ICO will only bring credit tenants to the Property (i.e., Demonstrating excellent working relationships with end-users). 4. Although, ICO is not an affordable housing developer, if feasible, they will develop market-rate senior housing. 5. ICO is open to working with additional partners as specific project components may require (i.e., They have a practical approach to development). 6. ICO has committed to pursuing additional land assembly, as may be financially feasible (i.e., they see the opportunity in finishing where the former redevelopment agency left off). 7. ICO has included an adjacent land owner (Howard Friedman) as a part of the developer team and Mr. Howard confirmed that he will work with ICO. 8. During the development phase, ICO will self-fund the equity contribution, use their banking relationships for short-term construction lending and secure take-out financing once the project components are occupied (i.e., their financing plan is feasible and practical). 9. ICO appears more able move the project along with greater accuracy consistent with the City’s goals, as compared to the other developers submitting proposals (i.e., They understand that time is of the essence). Based on the foregoing, City staff recommended that the City engage the Developer in continued negotiations pursuant to an exclusive right to negotiate (the “ERN”) agreement with the intention that such continued negotiations will include the negotiation of a disposition and development agreement (the “DDA”) for the Property. During the closed session portion of the Mayor and City Council meeting of May 16, 2018, authorization was given to negotiate an ERN Agreement with the Developer for the Property. Staff has now completed negotiations with the Developer for the ERN Agreement and recommends the adoption of the attached Resolution, which will approve the ERN Agreement with the Developer for the Property, a copy of which is included as Exhibit “B” to the attached Resolution, and authorize certain related actions. The ERN Agreement includes milestones that will be monitored by staff with regular reporting on progress to ensure the project proceeds as planned. The attached Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the “CEQA”), the State CEQA Guidelines (California Code of 13.a Packet Pg. 221 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Staff Report (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Regulations, Title 14, § 15000 et seq., hereafter the “CEQA Guidelines”), and the City’s environmental guidelines. The Resolution does not constitute a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378, because the Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines. 2018-2019 Goals and Objectives Adoption of the attached Resolution aligns with the following two Goals: Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City; and Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. The activity involves the winding-down of the former redevelopment agency, which will result in the transfer of real property assets to third parties to place them into highest and best economic uses, consistent with the City’s General Plan and Zoning Ordinance, that will create economic activities, create job opportunities, remove blight, improve neighborhoods, create affordable housing and increase tax-ratables. Fiscal Impact It is anticipated that the City will incur certain third-party expenses related to administering the ERN Agreement. To offset these expenses, the ERN Agreement requires the Developer to deposit with the City the all cash sum of Fifty Thousand Dollars ($50,000) (“Deposit”) which amount shall be applied by the City for use by the City to cover the third party costs it incurs in connection with the implementation of the ERN Agreement, including but not limited to the conduct of planning and environmental studies, the use of land economists to analyze proposals, the use of appraisers, the cost of preliminary title reports (if applicable), and the engagement of attorneys to prepare a DDA and such other documents as the City Manager shall deem to be necessary or convenient in connection with the ERN Agreement. Conclusion It is recommended that the that the Mayor and City Council, adopt Resolution No. 2018- 251 of the Mayor and City Council of the City of San Bernardino, California, approving an ERN Agreement between the City of San Bernardino and ICO for the 5th Street Gateway Property, and authorizing certain related actions. Attachment Attachment 1 Resolution; Exhibit A-Property Map; and Exhibit B-ERN Agreement Ward: 1 Synopsis of Previous Council Actions: May 16 , 2018: During the closed session portion of the Mayor and City Council meeting of May 16, 2018, authorization was given to negotiate an ERN agreement with Developer for the Property. 13.a Packet Pg. 222 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Staff Report (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, RESOLUTION NO. 2018-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. FOR THE 5TH STREET GATEWAY PROPERTY, AND AUTHORIZING CERTAIN RELATED ACTIONS 1 2 3 4 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, pursuant to Health and Safety Code (the “HSC”) § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency”); and WHEREAS, the Oversight Board to the Successor Agency (the “Oversight Board”) was established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment agency; and WHEREAS, on December 22, 2015, the Successor Agency received its Finding of Completion (the “FOC”) from the California Department of Finance (the "DOF") pursuant to HSC § 34179.7; and WHEREAS, after receiving an FOC, HSC § 34191.5 required the Successor Agency to prepare a Long-Range Property Management Plan (the “LRPMP”) to address the disposition and use of the real property assets held by the Successor Agency; and WHEREAS, pursuant to HSC § 34191.5 (c), the Successor Agency prepared and filed with the DOF its Oversight Board-approved Long-Range Property Management Plan; and WHEREAS, in its December 31, 2015 letter, the DOF formally approved the Successor Agency’s LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency; and WHEREAS, the LRPMP includes 230 parcels of land grouped into forty-six (46) separate sites, seven (7) of which are designated for future development use by the City; and 1 13.b Packet Pg. 223 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Reso (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for RESOLUTION NO. 2018-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. FOR THE 5TH STREET GATEWAY PROPERTY, AND AUTHORIZING CERTAIN RELATED ACTIONS 1 2 3 4 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, in its letter dated May 17, 2016, the DOF directed the Successor Agency to transfer all of its LRPMP-designated future development use sites to the City; and WHEREAS, on August 1, 2016, the City Council approved its Resolution No. 2016-165, which authorized the City to accept title to the seven (7) future development-designated real property sites specified within the LRPMP, subject to the City implementing the provisions of the LRPMP with respect to such properties; and WHEREAS, on August 16, 2016, the Successor Agency transferred the seven (7) future development-designated real property sites specified within the LRPMP to the City at no cost via quitclaim deed; and WHEREAS, one of the seven (7) future development-designated real property sites, comprising approximately 6.56 acres, which is commonly referred to as the “5th Street Gateway Property”, is 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) and is depicted on the “Property Map” attached hereto as Exhibit “A” (the “Property”); and WHEREAS, pursuant to its responsibility to implement the LRPMP on behalf of the Successor Agency for the seven (7) future development-designated real property sites specified within the LRPMP, on December 6, 2017, the City issued an Invitation for Letters of Interest (the “Invitation”) seeking letters of interest including detailed proposals from developers concerning the development of the Property; and WHEREAS, subsequently, the City received eight (8) proposals by the January 31, 2018 submittal deadline, including a proposal submitted by ICO Real Estate Group, Inc. (the “ICO” or “Developer”); and 2 13.b Packet Pg. 224 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Reso (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for RESOLUTION NO. 2018-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. FOR THE 5TH STREET GATEWAY PROPERTY, AND AUTHORIZING CERTAIN RELATED ACTIONS 1 2 3 4 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, at the conclusion of a thorough review process, City staff determined that ICO’s submittal was the most responsive to the Invitation, whereupon City staff recommended that the City engage the Developer in continued negotiations pursuant to an exclusive right to negotiate (the “ERN”) agreement with the intention that such continued negotiations will include the negotiation of a disposition and development agreement for the Property; and WHEREAS, during the closed session portion of the Mayor and City Council meeting of May 16, 2018, authorization was given to negotiate an ERN Agreement with Developer for the Property; and WHEREAS, staff has now completed negotiations with the Developer for the ERN Agreement and recommends the adoption of this Resolution, which will approve the ERN Agreement with the Developer for the Property, a copy of which is included as Exhibit “B” to this Resolution, and authorize certain related actions; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the “CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the “CEQA Guidelines”), and the City’s environmental guidelines; and WHEREAS, this Resolution does not constitute a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. 3 13.b Packet Pg. 225 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Reso (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for RESOLUTION NO. 2018-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. FOR THE 5TH STREET GATEWAY PROPERTY, AND AUTHORIZING CERTAIN RELATED ACTIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The ERN Agreement with ICO Real Estate Group, Inc. with respect to the Property, attached hereto as Exhibit “B”, is approved. Section 3. The City Manager, or designee, is authorized and directed to execute the ERN Agreement, in the form of which is attached to this Resolution, and to take such other actions and execute such other documents as are necessary to effectuate the ERN Agreement and as may otherwise be required to fulfill the intent of this Resolution. Section 4. This Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Section 5. This resolution shall take effect upon its adoption and execution in the manner as required by the City’s Municipal Code. / / / / / / / / / / / / / / / / / / / / / 4 13.b Packet Pg. 226 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Reso (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for RESOLUTION NO. 2018-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. FOR THE 5TH STREET GATEWAY PROPERTY, AND AUTHORIZING CERTAIN RELATED ACTIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino, at a regular meeting thereof, held on the 19th day of September, 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: 5 13.b Packet Pg. 227 Attachment: EDH.ERN ICO for 5th Street Gateway v2.Reso (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for Exhibit “A” 5TH STREET GATEWAY PROJECT SITE MAP W. 6th Street W. 5th Street Kingman Street Spruce Street W. 4th Street W. 4th Street W. 5th Street 13.cPacket Pg. 228Attachment: EDH.ERN ICO for 5th Street Gateway.Map (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for the Exhibit B EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ICO REAL ESTATE GROUP, INC. This EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT (the “Agreement”) is dated as of September 5, 2018 (the “Effective Date”) and is entered into by and between the CITY OF SAN BERNARDINO, a municipal corporation and charter city (the “City”), and ICO REAL ESTATE GROUP, INC., a California corporation (“Developer”). Each of City and Developer is sometimes individually referred to as a “Party,” and they are collectively referred to as “Parties”. RECITALS A. The City is the current owner of certain vacant real property located within the area commonly referred to as the 5th Street Gateway Project (the “Project”) within the City of San Bernardino and comprising 27 parcels of land 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) that is depicted on the “Property Map” attached hereto as Exhibit “A” and is legally described on Exhibit “B” attached hereto (the “Property”); and B. On December 6, 2017, the City issued an Invitation for Letters of Interest (the “Invitation”) seeking letters of interest including detailed proposals from developers concerning the development of the Property; and C. The City received eight (8) proposals by the January 31, 2018 submittal deadline, including a proposal made by the Developer (the “ICO Submittal”); and D. At the conclusion of a thorough review process, City staff determined that the ICO Submittal was the most responsive to the Invitation, whereupon City staff recommended that City engage Developer in continued negotiations under this Agreement with the intention that such continued negotiations will include the negotiation of a disposition and development agreement (the “DDA”) for the Property for the Project. The DDA, which will be prepared by City, will require that a fair value price be paid for the Property and will contain provisions customarily included in agreements by the City concerning the disposition and development of property (such as the provision of offsite improvements to the extent reasonably associated with the proposed development) and, in this case, will include at a minimum those features of the ICO Submittal which resulted in City staff making a favorable recommendation in connection with the selection of the Developer as the entity with which the City would participate in negotiations as to the Property; and E. Based upon information furnished by the Developer to the City, the Developer is qualified to assist the City in undertaking the economically sustainable development of the Property, which will include the planning for and development of a specific study, evaluation and planning by the Developer and City of appropriate and feasible development alternatives for the Project and the delineation of appropriate uses, users (specifically or by category), and particular features to be included in the development of the Property. 1 13.d Packet Pg. 229 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE DEVELOPER AND THE CITY HEREBY AGREE, AS FOLLOWS: The Negotiation Period and the Term of Agreement; Non-Refundable Deposit. 1. a. The rights and duties of the parties established by this Agreement shall commence on the date that the parties each execute this Agreement (the “Effective Date”). This Agreement will continue in effect until 4:00 p.m. of [September 4, 2019] (the “Scheduled Termination Date”), at which time this Agreement shall automatically terminate unless earlier terminated, extended pursuant to Section 4.a.(5), or mutually extended by the express written agreement of the Parties. The time period during which this Agreement shall be in effect (including any extensions of time expressly approved in writing by the City) is referred to as the “Negotiation Period.” b. If the Parties enter into a DDA, the DDA shall automatically supersede this Agreement and, notwithstanding any provision of this Agreement to contrary effect, this Agreement shall be terminated immediately. Developer Acknowledgments. 2. a. The Developer hereby acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City or an acceptance by the City of any offer or proposal from the Developer to convey any interest in the Property to the Developer. Any studies relating to the Property that may hereafter be undertaken by the Developer, in its sole discretion, shall be the sole responsibility of the Developer and shall not be deemed to be undertaken for the benefit of the City. b. The qualifications and identity of the Developer are of particular concern to the City. The City has relied on these qualifications and identity in entering into this Agreement with the Developer. During the term of this Agreement, no voluntary or involuntary successor-in-interest of the Developer shall acquire any right or power under this Agreement. The Developer shall not assign all or any part of this Agreement or any rights hereunder, without the prior written approval of the City Manager, which approval may be granted withheld, conditioned, or refused in the sole and absolute discretion of the City Manager. Reference herein to the “City Manager” shall refer to the City Manager of the City or the City Manager’s designee; excepting that any extensions made under the authority of the City Manager may only be executed by the City Manager. Notwithstanding the foregoing, the City shall reasonably consider the assignment by Developer of its rights under this Agreement to an entity, which controls, is controlled by or is under common control with the Developer or its principals, members or affiliates, and which entity agrees to perform as Developer under this Agreement. c. The Developer shall promptly notify the City in writing of any and all changes whatsoever to the identity of the business entities and individuals in control of the Developer, as well as any and all material changes in the interest or the degree of control of the Developer by any such party, of which information the Developer or any of its partners or officers have been notified or may otherwise have knowledge or information. Upon the occurrence of any material change in interest or control, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or 2 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 230 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. incapacity of any individual) unless approved in writing, in advance, by the City Manager, the City may terminate this Agreement by serving written notice of such termination on the Developer referencing this Section. Deposit. On or before the Effective Date the Developer shall deposit with the City 3. the all cash sum of Fifty Thousand Dollars ($50,000) (“Deposit”) which amount shall be applied by the City for use by the City to cover the third party costs it incurs in connection with the implementation of this Agreement, including but not limited to the conduct of planning and environmental studies, the use of land economists to analyze proposals, the use of appraisers, the cost of preliminary title reports (if applicable), and the engagement of attorneys to prepare a DDA and such other documents as the City Manager shall deem to be necessary or convenient in connection with this Agreement. The Deposit shall not be applied to the purchase of the Property. Exclusive Agreement to Negotiate. 4. a “Required Actions. (1) No later than December 3, 2018, Developer shall submit to the City a “Preliminary Development Concept Package”; the Preliminary Development Concept shall include all of the features and amenities included in the ICO Submittal, and shall further include the following: (a) A development proposal generally describing the anticipated uses, with estimated levels of intensity and categories of tenants; (i) a list of prospective tenants, including retail and restaurant uses, if applicable; (ii) If mixed uses are proposed, a detailed delineation of the character and intensity of all such uses shall be included (including, in the case of residential, the proposed number of units, density, affordability levels, product types, anticipated pricing, and whether units are to be rental, for-sale units, or both); (b) Identification of the architect proposed to be used by the Developer; (c) A proposed site plan; (d) A statement describing the proposed method of financing, including construction and permanent financing and identity of the person(s) or companies providing debt financing or equity. (e) A list of financial references; (f) A comprehensive construction and operating pro forma which identifies all sources and uses of funds for the construction and operation of the Project; (g) A proposed schedule of performance. 3 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 231 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. (2) Within thirty (30) days of receipt of the materials referenced in (1) above, or by January 2, 2019, whichever is sooner, City staff will provide comments. Within thirty (30) days after the transmittal by City staff to Developer of comments or by January 31, 2019, whichever is sooner, Developer shall submit to the City a Revised Preliminary Development Concept Package which addresses in detail the comments made by City staff. (3) Within thirty (30) days after receipt thereof or by February 4, 2019, whichever is sooner, the City shall either: i) approve; ii) disapprove; or iii) provide further comments to the Developer with respect to the Revised Preliminary Development Concept Package. (4) If the City approves the Preliminary Development Concept Package or Revised Preliminary Development Concept Package, then by the earlier to occur of (i) April 5, 2019 or (ii) the sixtieth (60th) day after the City notifies Developer that City has approved the Preliminary Development Concept Package or Revised Preliminary Development Concept Package, Developer shall submit to the City a “Final Development Concept Package,” consisting of the following (with all information to be more detailed than that previously submitted with the Preliminary Development Concept Package or the Revised Preliminary Development Concept Package): (a) Updated information, current as of the date of submittal of the Final Development Concept Package, as to each item set forth under subsection 2 of this Section 4 and addressing such other and additional matters as may arise during negotiations; (i) As to retail, specific tenants, including letters of interest; (ii) If residential is included, the proposed number of units, density, affordability levels, product types, anticipated pricing, and whether units are to be rental, for-sale units, or both. (b) Proposed final identification of sources of financing, with a description of the terms and conditions of such financing; (c) A schedule of performance. (5) Within thirty (30) days after receipt thereof, or by June 4, 2019, whichever is sooner, the City shall either: i) approve; ii) disapprove; or iii) provide further comments to the Developer with respect to the Final Development Concept Package. (6) If the City disapproves the Final Development Concept Package, then the Agreement shall terminate subject to the notice and cure provisions of Section 12 of this Agreement. (7) If the City provides the Developer with further comments on the Final Development Concept Package, then by the earlier to occur of (i) June 4, 2019 or (ii) the sixtieth (60th) day after the City provides comments to Developer, the Developer shall provide the City with further revisions to the Final Development Concept Package. 4 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 232 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. (8) The City shall have thirty (30) days from receipt of the revisions to the Revised Preliminary Development Concept Package to review and consider the revisions to the Revised Preliminary Development Concept Package. (9) If the City disapproves the revisions to the Final Development Concept Package, then the Agreement shall terminate subject to the notice and cure provisions of Section 12 of this Agreement. (10) The Developer shall bear all cost for its performance under this Agreement. (11) During the term of this Agreement, the City will negotiate exclusively with Developer; provided that City may confer and consult with legal advisors, economists, planners, representatives of prospective tenants and users, and contractors. b. Agreement to Negotiate. The City (by and through its staff and consultants) and Developer agree that for the term of the Negotiation Period (whether said period expires or is earlier terminated by the provisions herein) each party shall negotiate diligently and in good faith to carry out its obligations under this Agreement. The Developer expressly agrees and acknowledges that its rights pursuant to this Agreement are subject to and based upon compliance by the Developer with this Agreement, including without limitation the making of all submittals required pursuant to this Agreement, in conformity with this Agreement. c. Supplemental Progress Reports. In addition to the information required in Section 4 above, for so long as this Agreement remains in effect Developer agrees to make semi- monthly oral progress reports and monthly written reports to the City Manager, or designee, advising the City on all matters and all studies being made. No Predetermination of City Discretion. The Parties agree and acknowledge that 5. nothing in this Agreement in any respect does or shall be construed to affect or prejudge the exercise of the discretion of the City. The Developer acknowledges in this regard that the feasibility of the Developer’s proposal has not been finally determined, and further that, at the discretion of the City, an environmental review will be prepared and circulated for comment by the City, in connection with the consideration of the DDA. Further, nothing in this Agreement in any respect does or shall be construed to affect or prejudge the City’s discretion to consider, negotiate, or undertake the acquisition and/or development of any portion of the Property, or shall affect the City’s compliance with the laws, rules, and regulations governing land uses, environmental review, or disposition of the Property. Environmental and Other Requirements. Certain state and local environmental 6. requirements (including, but without limitation, the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq.) may be applicable to the Project. Pursuant to such requirements, certain environmental documents may be required to be prepared and certified for the Project. The City, by this Agreement, undertakes no obligation to pay any costs associated with such environmental documents or to supply data and information both to determine the impact of the development on the environment and to assist in the preparation of any necessary environmental documents. In connection with the preparation of the DDA and prior to consideration of the approval of such DDA, the City will prepare and circulate, or cause the preparation and circulation of an initial study (the “Initial Study”) in accordance with the California Environmental Quality Act of 1970, as 5 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 233 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. amended (“CEQA”). The Developer shall be responsible to defray the cost of the Initial Study as well as such other studies, reports, notices, or approvals as may be determined by City to be required under CEQA and any other applicable environmental statutes. Costs and Expenses. Except as otherwise provided in this Agreement with respect 7. to the disposition of the Deposit, each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under this Agreement. Non-Discrimination. Developer shall not discriminate against nor segregate, any 8. person, or group of persons on account of sex, race, color, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. Address for Notices. Any notices pursuant to this Agreement shall be in writing and 9. sent (i) by Federal Express (or other established express delivery service which maintains delivery records), (ii) by hand delivery, (iii) by certified or registered mail, postage prepaid, return receipt requested, or (iv) by email, if at least one other method is used, to the following addresses: To City: CITY OF SAN BERNARDINO 290 North “D” Street, 3rd Floor San Bernardino, CA 92401 Attention: Andrea Miller, City Manager With Copy To: STRADLING YOCCA CARLSON & RAUTH 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attention: Thomas P. Clark, Jr. To Developer: ICO REAL ESTATE GROUP, INC. Attention: Jian Torkan, Principal 4221 Wilshire Blvd., Ste. 240 Los Angeles, CA 90010 jtorkan@icoreg.com Default. Failure by either party to perform one or more of its duties as provided in 10. this Agreement shall constitute an event of default under this Agreement. The non-defaulting party shall give written notice of a default to the defaulting party, specifying the nature of the default and the action required to cure the default. Remedies for Breach of Agreement. In the event of an uncured default under this 11. Agreement, the sole remedy of the non-defaulting party shall be to terminate this Agreement. Following such termination, neither party shall have any further rights, remedies or obligations under this Agreement. Neither party shall have any liability to the other for monetary damages or specific performance for the breach of this Agreement, or failure to reach agreement on a DDA, and each party hereby waives and releases any such rights or claims it may otherwise have at law or at equity. 6 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 234 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. Furthermore, the Developer knowingly agrees that it shall have no right to specific performance for conveyance of, nor to claim any right of title or interest in the Property or any portion thereof. Termination. This Agreement shall: (i) unless extended by the Parties, 12. automatically terminate as of the Scheduled Termination Date, and (ii) terminate in the event Developer shall fail to perform any of its obligations hereunder to the reasonable satisfaction of the City Manager; provided that prior to termination, the City shall provide the Developer with notice of the failures and provide ten (10) days in which to cure. The City Manager shall have final authority to determine whether a cure has been accomplished. In addition, the parties agree that if Developer shall determine, in its sole discretion, that it is infeasible to proceed with the disposition and development as contemplated hereunder, then Developer may, upon ten (10) days’ written notice to the other Party, terminate this Agreement. Upon termination of this Agreement, whether upon expiration of the Negotiation Period or otherwise, both Parties knowingly agree that neither Party shall have any further rights or remedies as to the other and the Developer shall have no rights in respect to the Property; excepting only that the City shall remit to Developer such portion, if any, of the Deposit, that as of such termination has not been expended and has not been obligated to be paid to third parties. Time of Essence. Time is of the essence of every portion of this Agreement in which 13. time is a material part. During the Negotiation Period the time periods set forth in this Agreement for the performance obligations hereunder shall apply and commence upon a complete submittal of the applicable information or occurrence of an applicable event. In no event shall an incomplete submittal by the Developer trigger any of the City’s obligations of review, approval and/or performance hereunder; provided, however that the City shall notify the Developer of an incomplete submittal as soon as is practicable and in no event later than the applicable time set forth for the City’s action on the particular item in question. Further, the time periods set forth herein are outside dates of performance. Real Estate Commissions. The City shall not be liable for any real estate 14. commission or brokerage fees which may arise with respect to this Agreement or the Property. Developer Not an Agent. The Developer is not an agent of the City. 15. Press Releases. The Developer agrees to discuss any press releases with the City 16. Manager prior to disclosure in order to assure accuracy and consistency of the information. City agrees to discuss any press releases with the Developer, or his designee, prior to disclosure in order to assure accuracy and consistency of the information Entire Agreement. This Agreement constitutes the entire understanding and 17. agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. City Manager Authorized to Act on Behalf of City; Extensions of Time. 18. Excepting to the extent approval by the Mayor and City Council is required as a matter of law, the City Manager is authorized to act on behalf of City with respect to this Agreement. The City Manager may extend times set forth for performance under this Agreement for up to one hundred eighty (180) days as aggregated; any other or additional extensions of time would require approval by the Mayor and City Council. 7 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 235 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. Agreement Does Not Constitute Development Approval. The City reserves final 19. discretion and approval as to any DDA and all proceedings and decisions in connection therewith. This Agreement shall not be construed as a grant of development rights or land use entitlements to construct the Project or any other project. All design, architectural, and building plans for the Project shall be subject to the review and approval of the City. By its execution of this Agreement, the City is not committing itself to or agreeing to undertake the disposition of the Property or other real property to the Developer, or any other acts or activities requiring the subsequent independent exercise of discretion by the City and/or City, or any agency or department of the City. Governing Law. This Agreement shall be construed in accordance with the laws of 20. the State of California. Implementation of Agreement. The City shall maintain authority to implement this 21. Agreement through the City Manager, or designee. The City Manager, or designee, shall have the authority to issue interpretations, waive provisions, and/or enter into certain amendments of this Agreement on behalf of the City so long as such actions do not materially or substantially change the uses or concept of the Project, or add to the costs or risks incurred or to be incurred by the City as specified herein, and such interpretations, waivers and/or amendments may include extensions of time to perform. All other material and/or substantive interpretations, waivers, or amendments shall require the collective consideration, action and written consent of the Mayor and City Council of the City. NOW THEREFORE, the Parties have executed this Negotiation Agreement as of the date and year first set forth above. CITY: CITY OF SAN BERNARDINO, a California Charter city By: Andrea M. Miller, City Manager ATTEST: Georgeann Hanna, City Clerk ICO REAL ESTATE GROUP, INC., a California corporation By: Jian Torkan, Principal 8 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 236 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. 9 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 237 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. EXHIBIT “A” PROPERTY MAP (see attachment) 10 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 238 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. EXHIBIT “B” PROPERTY DESCRIPTION (see attachment) 11 EDH.ERN ICO for 5th Street Gateway.Agreement.docx 13.d Packet Pg. 239 Attachment: EDH.ERN ICO for 5th Street Gateway.Agreement (5740 : Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. 14.a Packet Pg. 240 Attachment: FN.Encumbrance Carryovers - Consent Report (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing June 30, but the purchase/project is still recommended. For example, a department may have budgeted for a vehicle purchase in their FY 2017/18 budget, but for various reasons was not able to complete the purchase and get a PO issued by the end of the fiscal year. If the project is not “carried over” (re-budgeted) in FY 2018/19, the funds will not be available to make the purchase in the new fiscal year. This Continuing Appropriations reflects only those projects that staff recommends continuing in the new fiscal year. The total amount of funding request for the Continuing Appropriations list is $2,557,024.36. The two lists are prepared by City Departments and submitted for review by the Finance Department and the City Manager’s Office, both of which concur with the items recommended for approval by the Mayor and City Council. Sufficient available budget in FY 2017/18 has been verified by the Finance Department to support the requests being made this evening. 2018-19 Goals and Objectives Approval of the Encumbrance Carryovers and Continuing Appropriations align with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and City Council’s approval of the City’s carryovers provides the budgetary authority to complete the projects and purchases previously approved by the Mayor and City Council. Fiscal Impact Total financial impact to all City funds is detailed in the tables below. There is sufficient funding in the FY 2017/18 Adopted Budget to carry forward into FY 2018/19. The financial impact to the City’s General Fund for both lists combined, is $1,512,527. If approved, this amount will be reflected as a reduction of the General Fund available reserve at June 30, 2018. Encumbrance Carryovers Fund # Amount General Fund 001 $1,321,508.94 Asset Forfeiture 108 $4,658.00 ESG 116 $170,977.20 Home Improvement 117 $403,843.70 CDBG 119 $135,168.00 Federal Grant Programs 123 $518,887.27 Animal Control 124 $119,943.38 Gas Tax 126 $91,324.00 Measure I 129 $76,754.06 Public Improvement Fund 246 $2,700.85 Local Regional Circulation 263 $14,217.50 Regional Circulation System 264 $13,687.48 Integrated Waste Management 527 $22,570.48 9/14/2018 11:03 AM 14.a Packet Pg. 241 Attachment: FN.Encumbrance Carryovers - Consent Report (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Successor Agency 710 $36,614.90 Total $2,932,855.76 Continuing Appropriations Fund # Amount General Fund 001 $191,017.85 Asset Forfeiture 108 $900.15 CDBG 119 $407,661.00 Federal Grant Programs 123 $346,945.36 Measure I 129 $800,000.00 AB 1600 Parkland Fund 268 $349,000.00 Fleet Services 635 $461,500.00 Total $2,557,024.36 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-259, approving the Fiscal Year 2017/18 Continuing Appropriations and Encumbrance Carryovers and amending the Fiscal Year 2018/19 Budget to include the approved Fiscal Year 2017/18 Continuing Appropriations and Encumbrance Carryovers. Attachments Attachment 1 Resolution 2018-259; Exhibit 1–Encumbrance Carryovers and Exhibit 2–Continuing Appropriations Ward: All On June 20, 2018, the Mayor and City Council adopted Resolution No. 2018-189, approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2018/19. 9/14/2018 11:03 AM 14.a Packet Pg. 242 Attachment: FN.Encumbrance Carryovers - Consent Report (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing RESOLUTION NO. 2018-259 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FY 2017/18 CONTINUING APPROPRIATIONS AND ENCUMBRANCE CARRYOVERS AND AMENDING THE FY 2018/19 BUDGET TO INCLUDE THE APPROVED FY 2017/18 CONTINUING APPROPRIATIONS AND ENCUMBRANCE CARRYOVERS 1 2 3 4 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 FY 2017/18 budget was adopted on June 21, 2017; and WHEREAS, the Encumbrance Carryovers and Continuing Appropriations reflect City commitments to projects, services or purchases that were approved in FY 2017/18 but were not completed or fully paid for by June 30, 2018, thereby necessitating authorization to carryover and expend the funding in Fiscal year 2018/19. 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 approve the continuation of the projects and related funding as listed in the Encumbrance Carryovers and Continuing Appropriations lists, attached hereto as Exhibit 1 and Exhibit 2. SECTION 2. The Director of Finance is hereby authorized to amend the FY 2018/19 budget by the amounts noted in the FY 2017/18 Continuing Appropriations and Encumbrance Carryovers lists. /// /// /// /// /// 1 14.b Packet Pg. 243 Attachment: FN.Encumbrance Carryovers -RESOLUTION.doc (2) (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing RESOLUTION NO. 2018-259 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FY 2017/18 CONTINUING APPROPRIATIONS AND ENCUMBRANCE CARRYOVERS AND AMENDING THE FY 2018/19 BUDGET TO INCLUDE THE APPROVED FY 2017/18 CONTINUING APPROPRIATIONS AND ENCUMBRANCE CARRYOVERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 2 14.b Packet Pg. 244 Attachment: FN.Encumbrance Carryovers -RESOLUTION.doc (2) (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Exhibit 1 - Encumbrance Carryovers Account Number Amount PO # Vendor Name 001-090-0053*5502 $12,949.58 2018-495 California Partnership for Safe Communities 001-090-0053*5502 $21.66 2018-641 California Consulting LLC 001-090-0053*5502 $7,210.00 2018-666 State of California DGS OAH 001-090-0053*5502 $40,000.00 2018-1220 Westbound Communications Inc 001-100-0001*5502 $30,000.00 2018-711 Worthington Partners 001-130-0125*5505 $2,250.00 2018-1143 R P Landscape & Irrigation 001-130-0125*5502 $925.55 2018-499 Capital Protectionn Inc 001-180-0029-5502 $34,765.75 2018-350 EcoTierra 001-180-0029-5502 $6,890.76 2018-549 Moore Iacofano Goltsman Inc 001-130-0144*5502 $30,195.00 2018-676 Keyser Marston Associates 001-180-0001-5502 $67,549.00 2018-1268 Hinderliter de Llamas 001-210-0001*5701 $40,541.97 2017-1443 Innovative Emergency Equipment 001-210-0062*5112 $2,220.00 2018-315 Proforce Law Enforcement 001-210-0083*5505 $20,242.00 2018-421 Service Scape 001-210-0078*5112 $31,232.00 2018-513 Aardvark 001-210-0146*5112 $61,000.00 2018-513 Aardvark 001-210-0086-5111 $20,315.01 2018-626 Adamson Police Products 001-210-0086*5505 $2,500.00 2018-798 Neighbor Face Productions 001-210-0078*5182 $1,218.00 2018-799 Neighbor Face Productions 001-210-0001*5701 $214,255.41 2018-834 Innovative Emergency Equipment 001-210-0078*5111 $38,160.74 2018-845 Axon Enterprise Inc. 001-210-0001*5701 $24,998.33 2018-1013 Moss Brothers Dodge 001-210-0145*5505 $5.60 2018-1073 Innovative Emergency Equipment 001-210-0078*5111 $14,772.55 2018-1097 Galls LLC 001-210-0062*5113 $4,234.39 2018-1098 Galls LLC 001-210-0062*5102 $12,500.00 2018-1222 TI Training Corp 001-210-0086*5111 $1,927.01 2018-1232 London Bridge Trading Co. 001-210-0085*5505 $500.00 2018-1234 Paper Recycling & Shredding 001-210-0001*5704 $11,550.92 2018-1247 Transcend Tactical 001-210-0078*5701 $10,385.04 2018-1250 Strongs Truck & Van Upfitters 001-210-0083*5505 $7,900.00 2018-1258 West Coast Arborists 001-210-0062*5112 $3,537.83 2018-1261 Enforcement Technology Group, Inc 001-210-0062*5181 $326.87 2018-1262 Cellebrite Inc 001-400-0037-5505 $28,000.00 2018-212 Miller Architectural Group 001-400-0026-5502 $8,750.00 2018-760 Minagar & Associates, Inc. 001-400-0026-5502 $8,065.00 2018-761 Transportation Engineering and Planning, Inc. 001-400-0001-5701 $122,513.00 2018-864 Wondries Fleet Group 001-400-0001-5701 $229,542.36 2018-1190 Chevrolet of Watsonville 001-400-0001-5701 $108,022.04 2018-1233 Fairview Ford 001-090-0053-5502 $59,535.57 2018-600 Management Partners 108-210-0082*5706 $4,658.00 2018-1012 Kenaston Flooring 116-130-8657*5502 $170,977.20 2018-1225 Step Up On Second Street Inc 117-130-2331*5502 $403,843.70 2018-1238 Housing Partners I Inc 14.c Packet Pg. 245 Attachment: FN.Encumbrance Carryovers.Exhibit 1 (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Appropriations) Exhibit 1 - Encumbrance Carryovers 119-470-2210-5504 $135,168.00 2018-1267 WSP Roofing 123-160-7872-5504 $103,291.20 2018-808 Civil Source, Inc. 123-160-8038-5504 $168,214.00 2018-993 International Line Builders, Inc. 123-210-0972*5701 $26,538.97 2018-1013 Moss Bro+F53thers Dodge 123-210-0972*5112 $984.20 2018-1073 Innovative Emergency Equipment 123-210-8643*5704 $28,835.52 2018-1196 Solar Technology Inc. 123-380-8662-5504 $136,994.38 2018-1284 Playpower LT Farmington, Inc. 123-380-8662-5504 $54,029.00 2018-1286 Sofsurfaces, Inc. 124-210-0002*5701 $119,943.38 2018-835 Fairview Ford Sales 126-160-8601-5504 $45,955.00 2018-1243 KOA Corporation 126-400-0093-5502 $45,369.00 2018-1069 Bear Electrical Solutions, Inc. 129-160-7841-5504 $15,127.80 2017-650 Tetra Tech 129-160-7240-5504 $8,587.46 2017-1333 SB County Transportation Authority 129-160-7872-5504 $53,038.80 2018-808 Civil Source, Inc. 246-160-7654-5504 $2,700.85 2018-1145 Iteris, Inc. 263-160-8565-5504 $14,217.50 2018-478 KOA Corporation 264-160-7121-5504 $13,687.48 2017-1115 AECOM USA, Inc. 527-400-0098-5505 $22,570.48 2018-987 HF&H Consultants, LLC 710-130-0001*5502 $2,679.75 2018-470 Urban Futures Inc 710-130-0001*5502 $7,031.00 2018-482 Urban Futures Inc 710-130-0148*5181 $3,955.00 2018-483 Overland Pacific Cutler 710-130-0148-5181 $22,949.15 2018-873 Brown & Caldwell Total $2,932,855.76 14.c Packet Pg. 246 Attachment: FN.Encumbrance Carryovers.Exhibit 1 (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Appropriations) Exhibit 2 - Continuing Appropriations Account Number Amount Project Title 001-090-0053-5502 $150,000.00 Cannabis Consultant 001-210-0062-5111 $3,709.25 Galls Inc, 2018-1097 paid in 18/19 001-210-0062-5112 $296.75 Galls Inc, 2018-1097 paid in 18/19 001-210-0001-5701 $11,268.20 Innovative Emerg. Equip. 2018-834 001-210-0145-5505 $1,711.36 Innovative Emerg. Equip. 2018-1073 001-470-0001-5104 $3,150.17 Library Books 001-470-0001-5174 $2,671.20 Internet/Phone Transition 001-470-0049-5181 $14,501.92 Internet/Phone Transition 001-470-0063-5505 $3,709.00 Library Burglar/Fire alarm maintenance 108-210-0082-5112 $900.15 National Relocation Service 2018-921 119-130-2201*5502 $170,000.00 Owner Occupied Rehabilitation Program 119-130-2200*5502 $237,661.00 Commercial Building Rehabilitation Program 123-210-0972-5112 $492.10 Innovative Emerg. Equip. 2018-1073 123-210-8041*5102 $27,075.58 JAG FY15/16 Grant 123-210-8553*5111 $20,211.46 JAG FY16/17 Grant 123-210-8553*5172 $57,500.00 JAG FY16/17 Grant 123-210-8643*5111 $3,730.00 OTS STEP Grant -PT18127 123-210-8643*5133 $2,572.88 OTS STEP Grant -PT18127 123-210-8643*5701 $60,000.00 OTS STEP Grant -PT18127 123-210-8643*5704 $6,164.48 OTS STEP Grant -PT18127 123-210-8644*5015 $43,663.00 OTS STEP Grant -PT18127 123-210-8644*5029 $763.00 OTS STEP Grant -PT18127 123-210-8645*5015 $40,185.77 OTS STEP Grant -PT18127 123-210-8645*5029 $654.00 OTS STEP Grant -PT18127 123-210-8646*5029 $298.00 OTS STEP Grant -PT18127 123-210-8646-5015 $20,375.39 OTS STEP Grant -PT18127 123-210-8648*5015 $938.83 OTS STEP Grant -PT18127 123-210-8649*5015 $1,128.62 OTS STEP Grant -PT18127 123-210-8650*5015 $9,246.25 OTS STEP Grant -PT18127 123-400-0975-5111 $21,803.00 Curbside Container Recycling 123-400-0977-5015 $1,000.00 Overtime - CARP 123-400-0977-5111 $26,031.00 Materials and Supplies - CARP 123-400-0977-5121 $3,112.00 Advertising - CARP 129-160-8017-5504 $800,000.00 Concrete Repairs Annual 268-160-7804-5504 $200,000.00 Perris Hill Lake Park Improvement 268-160-8602-5504 $149,000.00 Seccombe Lake Park Improvement 635-400-0100-5706 $461,500.00 Fuel Station Upgrades Total $2,557,024.36 14.d Packet Pg. 247 Attachment: FN.Encumbrance Continuing Appropriations.Exhibit 2 (5741 : Fiscal Year 2017/18 Encumbrance Carryovers and Continuing 15.a Packet Pg. 248 Attachment: PD.Fairview Ford Police Veh PO-Report (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police Additionally, staff is requesting to add 100,000 mile warranties for the twenty (20) new vehicles at a total cost of $35,800. Discussions with Police staff and the Facilities and Fleet Division Manager, determined that the purchase of the warranty would be advantageous for the City and worth the expense, ultimately saving money on repairs and warranty work. The Police Department will also continue to replace six (6) unmarked police vehicles driven by detectives and sergeants with one to two year old used Ford Fusions. Staff is requesting to purchase used vehicles at a maximum cost, including taxes and fees, of $18,000 per vehicle from Fairview Ford. This meets Council’s desire for local preference and falls within the confines of “piggy backing” on the San Bernardino City Unified School District bid. Fairview Ford has been the best option available for purchasing certified used vehicles for the department. Fairview Ford supplies the department with a list of available vehicles from which to select. Selected vehicles are inspected for mechanical worthiness and possible prior damage before being recommended for purchase. 2018-2019 Goals and Objectives The purchase of police vehicles aligns with Goal No. 5: Improve City Government Operations: Evaluate operations and performance through investment in the resources, technology and tools needed to continually improve organizational efficiency and effectiveness; and Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner: Invest City resources in ways which create more ongoing revenue to reinvest in maintaining and improving services. Fiscal Impact The financial impact to the City is $722,000. There is sufficient funding in the FY 2018/19 Adopted Budget in account numbers: 001-210-0001*5701, 001-210- 8652*5701, and 128-210-0087*5701. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-270, approving the issuance of a Purchase Order to Fairview Ford Sales, Inc., in an amount not to exceed $722,000. Attachments Attachment 1 Resolution Attachment 2 SBUSD Auto Purchase Award Attachment 3 Vehicle Quote 9/14/2018 11:02 AM 15.a Packet Pg. 249 Attachment: PD.Fairview Ford Police Veh PO-Report (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police Ward: Synopsis of Previous Council Actions: On 12/6/17, the Mayor and City Council adopted Resolution 2017-235 authorizing the issuance of a Purchase Order to Fairview Ford Sales, Inc. in the amount of $860,000 for 23 police vehicles. On 2/21/17, the Mayor and City Council adopted Resolution 2017-16 authorizing the issuance of a Purchase Order to Fairview Ford Sales, Inc. in the amount of $813,540 for 28 police vehicles On 10/9/14, the Mayor and Common Council adopted Resolution 2014-357 authorizing the issuance of a Purchase Order to Fairview Ford Sales, Inc. in the amount of $117,000 for 4 police vehicles. 9/14/2018 11:02 AM 15.a Packet Pg. 250 Attachment: PD.Fairview Ford Police Veh PO-Report (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police RESOLUTION NO. 2018-270 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD SALES, INC., IN AN AMOUNT NOT TO EXCEED $722,000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the City of San Bernardino Unified School District has selected Fairview Ford Sales, Inc., for the purchase of new law enforcement vehicles through a competitive bid process; and Fairview Ford has agreed to sell the same type of vehicles to the City of San Bernardino for the same established price. 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 Sales, Inc., in an amount not to exceed $722,000.00, for the purchase of Police vehicles, pursuant to Municipal Code 3.04.010 (b)(2) and 3.04.010(b)(3), the Mayor and City Council approve a selected source justification for this purchase. /// /// /// /// /// /// /// /// /// 1 15.b Packet Pg. 251 Attachment: PD.Fairview Ford Police Veh PO-Attach1 Resolution (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for RESOLUTION NO. 2018-270 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD SALES, INC., IN AN AMOUNT NOT TO EXCEED $722,000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 15.b Packet Pg. 252 Attachment: PD.Fairview Ford Police Veh PO-Attach1 Resolution (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for 15.c Packet Pg. 253 Attachment: PD.Fairview Ford Police Veh PO Attach 2 (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police 15.c Packet Pg. 254 Attachment: PD.Fairview Ford Police Veh PO Attach 2 (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police 15.c Packet Pg. 255 Attachment: PD.Fairview Ford Police Veh PO Attach 2 (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police 15.d Packet Pg. 256 Attachment: PD.Fairview Ford Police Veh PO Attach 3 (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police 15.d Packet Pg. 257 Attachment: PD.Fairview Ford Police Veh PO Attach 3 (5742 : Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police 9/17/2018 11:27 AM Consent Calendar City of San Bernardino Request for Council Action Date: September 19, 2018 To: Honorable Mayor and City Council Members From: Andrea Miller, City Manager By: Renee Brizuela, Administrative Assistant to City Council Subject: August 2018 City Board, Commission, and Citizen Advisory Committee Agendas and Minutes Recommendation Receive and file the agendas and minutes from the City board, commission, and citizen advisory committee meetings that took place in August 2018. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting agendas and minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the agendas and minutes for the board, commission and citizen advisor y committee meetings held in the month of August are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - August 8, 2018 meeting agenda and draft minutes 2. Elected Official Compensation Advisory Commission - August 13, 2018 meeting agenda and minutes and August 27, 2018 meeting agenda and draft minutes 3. Library Board - August 7, 2018 meeting agenda and draft minutes 4. Personnel Commission - August 14, 2018 hearing agenda and minutes 5. Planning Commission - August 14, 2018 meeting agenda and draft minutes 6. Public Safety and Human Relations Commission - August 13, 2018 agenda and draft minutes 7. Water Board - August 14, 2018 agenda and minutes and August 28, 2018 agenda and draft minutes 16.a Packet Pg. 258 Attachment: Council.August 2018 BCCACAgendas and Minutes.STAFF REPORT. Revised (5743 : Agendas and Minutes/Draft Minutes of City 9/17/2018 11:27 AM 2018-2019 Goals and Objectives Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Goal No. 5: Implement the City Charter by maintaining clear roles and lines of authority. Fiscal Impact No fiscal impact to the City. Conclusion Receive and file the agendas and minutes from the City board, commission, and citizen advisory committee meetings that took place in August 2018 . Attachment Attachment 1 - August 2018 City board, commission and citizen advisory committee meeting agendas and minutes; Exhibit “A” Animal Control Commission; Exhibit “B” Elected Official Compensation Advisory Commission; Exhibit “C” Library Board; Exhibit “D” Personnel Commission; Exhibit “E” Planning Commission; Exhibit “F” Public Safety and Human Relations Commission; and Exhibit “G” Water Board 16.a Packet Pg. 259 Attachment: Council.August 2018 BCCACAgendas and Minutes.STAFF REPORT. Revised (5743 : Agendas and Minutes/Draft Minutes of City AGENDA ANIMAL CONTROL COMMISSION MEETING FOR AUGUST 8, 2018 4:00 P.M. PERSONNEL & TRAINING CONFERENCE ROOM, 2ND FLOOR 710 N. D STREET, SAN BERNARDINO, CALIFORNIA 92401 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Melina Perez-Ramirez at (909) 384-5602 within two working days prior to the meeting for any requests for reasonable accommodation to include an interpreter. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL NAME CHAIRPERSON Jeffrey Frank, Ward 5 VICE CHAIRPERSON Marilyn Sauer, Mayor's Appointee COMMISSIONER Jane Ann Godager, Ward 2 COMMISSIONER Jodi Buckley, Ward 3 COMMISSIONER Charlotte LeVecque, Ward 4 COMMISSIONER Maxine Henderson, Ward 6 COMMISSIONER Marlyn Taub, Ward 7 COMMISSIONER Vacant, Ward 1 COMMISSIONER Vacant, Mayor's Appointment ABSENT EXCUSED: PRESENT ----------------------- ALSO PRESENT: ------------------------ A-A PUBLIC COMMENTS: A three minute limitation shall apply to each member of the public who wishes to address the Animal Control Commission on a matter on the agenda or not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Written comment on any item may also be submitted to the Secretary of the Animal Control Commission prior to the start of the meeting to be included in the meeting record. Written statements will not be read aloud by Animal Control Commission. Any writings or documents provided to a majority of the Animal Control Commission regarding any item on the agenda will be made available for public inspection on the City website (www.sbcity.org) and during normal business hours at City Clerk's Office at 215 North D Street, San Bernardino, CA 92401. EXHIBIT A 16.b Packet Pg. 260 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 261 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 262 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 263 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 264 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 265 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, AGENDA ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION MEETING FOR AUGUST 13, 2018 5:30 P.M. HEARING ROOM, SUITE 200 215 NORTH D STREET, SAN BERNARDINO, CALIFORNIA 92401 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Helen Tran, (909)384-5161 within two working days prior to the meeting for any requests for reasonable accommodation to include an interpreter. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CHAIRPERSON VICE CHAIRPERSON COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER NAME THOMAS J. PIERCE, Mayor's Appointee PEGGI HAZLETT, Ward 5 ROSINA MOTTA, Ward 1 CHRISTINA ROMAN, Ward 2 JUAN A. FIGUEROA, Ward 3 JAMES A. HALL, Ward 4 CHARLENE M. DIXON, Ward 6 MICHAEL TACCHIA, Ward 7 GARY L. SILVIUS, Mayor's Appointee ABSENT EXCUSED: ________________ _ ALSO PRESENT: _________________ _ A-A PUBLIC COMMENTS: A three minute limitation shall apply to each member of the public who wishes to address the Elected Official Compensation Advisory Commission on a matter on the agenda or not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Written comment on any item may also be submitted to Secretary of the Elected Official Compensation Advisory Commission prior to the start of the meeting to be Any writings or documents provided to a majority of the Elected Official Compensation Advisory Commission regarding any item on the agenda will be made available for public inspection on the City website (www.sbciry.org) and during normal business hours at City Clerk's Office at 215 North D Street, San Bernardino, CA 92401. EXHIBIT B 16.b Packet Pg. 266 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 267 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 268 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 269 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 270 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 271 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 272 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 273 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, AGENDA LIBRARY BOAR D OF TRUSTEES MEETING FOR AUGUST 7, 2018 3:00 P.M. FELDHEYM CENTRAL LIBRARY -ADMINISTRATION 555 W. 6TH STREET, SAN BERNARDINO, CALIFORNIA 92410 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Feldheym Central Library -Administration at (909) 381-8215 within two working days prior to the meeting for any requests for reasonable accommodation to include an interpreter. 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE (TAKEN AT THE DISCRETION OF THE PRESIDENT) 3.ROLL CALL ATTENDEE NAME TITLE PRESENT Dr. Milton Clark President Carolyn Tillman Vice President Valerie Lichtman Secretary Dr. Thomas Rennard Board Member ABSENT EXCUSED: __________________ _ ALSO PRESENT: ------------------------- 4.PUBLIC COMMENTS: A three minute limitation shall apply to each member of the public who wishes to address the Library Board of Trustees on a matter on the agenda or not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Written comment on any item may also be submitted to Secretary of the Library Board of Trustees prior to the start of the meeting to be included in the meeting record. Written statements will not be read aloud by the Library Board of Trustees. 5.CLOSED SESSION (IF NEEDED) MOTION: That the Library Board of Trustees recess to Closed Session for the following: Any writings or documents provided to a majority of the Library Board of Trustees regarding any item on the agenda will be made available for public inspection on the City website (www.sbcity.org) and during normal business hours at City Clerk's Office at 215 North D Street, San Bernardino, CA 92401. 1 EXHIBIT C 16.b Packet Pg. 274 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 275 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 276 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 277 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 278 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 279 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 280 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 281 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 282 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, CHY COUNCIL OFFICt CITY OF SAN SERNAROIH0 1.8 AUG I O PH 2: 02 AGENDA PERSONNEL COMMISSION HEARING FOR AUGUST 14, 2018 9:00A.M. HEARING ROOM, SUITE 200 215 NORTH D STREET , SAN BERNARDINO, CALIFORNIA 92401 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Administrative Services (909-384-5104) two working days prior to the meeting for any requests for reasonable accommodations, to include interpreters. CALL TO ORDER: PLEDGE ROLL CALL ----------------------- CHAIRMAN Dennis Reichardt VICE-CHAIR Curtis Stout COMMISSIONER Jeanette Avila COMMISSIONER Deanie Gallaher COMMISSIONER VACANT ABSENT EXCUSED: ---------------------- ALSO PRESENT: ------------------------ 1.PUBLIC COMMENTS: A three minute limitation shall apply to each member of the public who wishes to address the Personnel Commission on a matter on the agenda or not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Written comment on any item may also be submitted to the Secretary to the Personnel Commission prior to the start of the meeting to be ip.cluded in the meeting record. Written statements will not be read aloud by the Personnel Commission. Any writings or documents provided to a majority of the Personnel Commission regarding any item on the agenda will be made available for public inspection on the City website(www.sbcit\.org) and during normal business hours at City Clerk's Office at 215 North D Street, San Bernardino, CA 92401. EXHIBIT D 16.b Packet Pg. 283 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 284 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, - 1 - MINUTES City of San Bernardino Personnel Commission August 14, 2018 The Personnel Commission hearing in the matter of Appellant #2018-2 was called to order by Chairman Dennis Reichardt, at 9:05 A.M., Tuesday, August 14, 2018, in Suite 200, 215 North D Street, San Bernardino, California 92401. Pledge of Allegiance Roll Call Roll call was taken by the Secretary, Rebekah Kramer, with the following present: Chairman Dennis Reichardt, Vice-Chair Curtis Stout, Commissioner Jeanette Avila and Commissioner Deanie Gallaher. Harold W. Potter representing the Personnel Commission, Janice Reins and James Oldendorph representing the City, and Appellant #2018-2 and Justin Lynch representing the appellant were also present. 1. Public Comments on items on the agenda and not on the Agenda None 2. Hearing in the Matter of Appellant #2018-2 James Oldendorph, Associate with Liebert Cassidy Whitmore, represented the Water Department and Justin G. Lynch, Law Offices of John R. Setlich, represented the Appellant. It was agreed by all parties that the hearing would be closed and witnesses excluded. Mr. Oldendorph and the Mr. Lynch made their opening statements followed by witness testimony. 3. Closed Session None 16.b Packet Pg. 285 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, - 2 - 4. Adjournment Vice Chair Curtis Stout moved and Commissioner Jeanette Avila seconded the motion that the Commission continue the hearing in the matter of Appellant #2018-2 to Wednesday, August 15, 2018 at 9 a.m., in Suite 200, 215 North D Street, San Bernardino, California 92401. Rebekah Kramer Administrative Services Officer & Secretary 16.b Packet Pg. 286 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, - 1 - MINUTES City of San Bernardino Personnel Commission August 15, 2018 The continued Personnel Commission hearing in the matter of Appellant #2018-2 was called to order by Chairman Dennis Reichardt, at 9:00 A.M., Wednesday, August 15, 2018, in Suite 200, 215 North D Street, San Bernardino, California 92401. Pledge of Allegiance Roll Call Roll call was taken by the Secretary, Rebekah Kramer, with the following present: Chairman Dennis Reichardt, Vice-Chair Curtis Stout, Commissioner Jeanette Avila and Commissioner Deanie Gallaher. Harold W. Potter representing the Personnel Commission, Janice Reins and James Oldendorph representing the City, and Appellant #2018-2 and Justin Lynch representing the appellant were also present. 1. Hearing in the Matter of Appellant #2018-2 James Oldendorph, Associate with Liebert Cassidy Whitmore, represented the Water Department and Justin G. Lynch, Law Offices of John R. Setlich, represented the Appellant. Witness testimony was concluded and Mr. Oldendorph and the Mr. Lynch made their closing statements. 2. Closed Session Vice Chair Curtis Stout moved and Commissioner Jeanette Avila seconded the Motion that the Personnel Commission recess to Closed Session, pursuant to Government Code Section #54957 in the Matter of Appellant #2018-2. Following closed session, the Commission reconvened and in open session, announced that the board met, considered and deliberated in the matter of Appellant #2018-2 and have instructed their legal counsel, Harold W. Potter, to prepare the Findings and Determination to be presented at the Personnel Commission meeting scheduled on Tuesday, September 11, 2018 at 8:30 a.m. in the Hearing Room located in Suite 200 at 215 North D. Street, San Bernardino, CA 92401. 16.b Packet Pg. 287 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, - 2 - 3. Adjournment Commissioner Jeanette Avila moved and Commissioner Deanie Gallaher seconded the motion that the Commission close the hearing and adjourn to the regularly scheduled meeting of September 11, 2018. Rebekah Kramer Administrative Services Officer & Secretary 16.b Packet Pg. 288 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Anthony Jones, Chair Casey Dailey, Vice Chair Lance Durr CITY OF SAN BERNARDINO f ;:fl�--�����;u.�,��-:a) Aron Liang Amelia S. Lopez LanyQuiel Edward Woolbert COMMUNITY DEVELOPMENT DEPARTMENT 201 North E Street, 3rd Floor, San Bernardino, California 92401 Phone: 909.384.7272 • Fax: 909.384.5515 PLANNING COMMISSION AGENDA REGULAR MEETING AUGUST 14, 2018 6:00 P.M. 201 NORTH E STREET, 3RD FLOOR BOARD ROOM *ENTR ANCE ACCESSIBLE VIA THE 5 th LEVEL OF PARKING STRUCTURE* The City of San Bernardino recognizes its obligations to provide equal access to public services to those individuals with disabilities. Please contact Facilities Services (909-384- 5244) 48 hours prior to the meeting with any requests for reasonable accommodation, to include sign interpreters. Any writings or documents provided to a majority of the Planning Commission regarding any item on the agenda will be made available for public inspection at the Planning Division Counter of the Community Development Department located at 201 North E Street, 3rd Floor and at the Feldheym Central Library located at 555 W. 6'11 Street, during normal business hours. CALL TO ORDER FLAG SALUTE ROLL CALL ADMINISTRATION OF OATH CLOSED SESSION (if needed): Recommended Motion: That the Planning Commission recess to closed session for the following: A.Conference with legal counsel -existing litigation - pursuant to paragraph (1) of subdi vision (d) of Government Code Section 54956.9 B.Conference with legal counsel -anticipated litigation -significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision ( d) of Government Code Section 54956.9. C.Conference with legal counsel -anticipated litigation -initiation of litigation - pursuant to paragraph ( 4) of subdivision ( d) of Government Code Section 54956.9 Page 1 of 5 8/14/2018 EXHIBIT E 16.b Packet Pg. 289 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 290 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 291 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 292 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 293 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 294 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 295 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 296 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 297 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 298 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 299 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 300 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 301 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, AGENDA-AMENDED PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION MEETING FOR AUGUST 13, 2018 6:00 PM SAN BERNARDINO POLICE DEPARTMENT PERSONNEL & TRAINING CONFERENCE ROOM 710 N. "D" STREET, 2nd J?LOOR, SAN BERNARDINO, CALIFORNIA 92401 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Facilities Management (909-384-5244) two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALUINTRODUCTIONS 4.CONSENT ITEMS APPROVAL OF PREVIOUS MINUTES Recommended Motion: That the minutes of the July 9, 2018, Public Safety and Human Relations Commission meeting be approved as submitted in typewritten form. (Attachment 4-A) 5.PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION ANNOUNCEMENTS/REPORTS 6.OLD BUSINESS A.Commission Request Regarding Measure Z Funds (Attachment 6-A) -Captain Williams B.VIP Shoot Review Commissioner Attendance Request -Captain Williams C.Emergency Operations Center (EOC) Procedure -Captain Williams 7.STAFF REPORTS/NEW BUSINESS A.County Fire and City Schools Liai�on to Public Safety and Human Relations Commission - Commissioner Alexander B.Speed Study on Arrowhead, between Kendall & Highland (Attachment 7-B) -Traffic Engineering C.Establish 2-way Stop at Intersection of Olive Street and Pico Avenue (Attachment 7-C) - Traffic Engineering D.Establish 2-way Stops at Intersections of 10th Street and Wall Avenue and 11th Street and Wall Avenue (Attachment 7-0)-Traffic Engineering EXHIBIT F 16.b Packet Pg. 302 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 303 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 304 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 305 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 306 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 307 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AGENDA REGULAR MEETING WATERBOARD Tuesd ay, August 14, 2018 -9:30 a.m. MARGARET H. CHANDLER WATER RECLAMATION PLANT 399 CHANDLER PLACE WATER BOARD TONI CALLICOTT President Commissioners LOUIS A. FERNANDEZ WAYNE HENDRIX, P.E. JUDITH VALLES DAVID E. ML YNARSKI San Bernardino, California "Trusted, Quality Service since 1905" ROBIN L. ORAMA Acting General Manager MIGUEL GUERRERO, P.E. Director of Water Utility KEVIN T. STEWART, P.E. Director of Water Reclamation TERRI WILLOUGHBY Director of Finance JENNIFER L. SHEPARDSON Director of Environmental & Regulatory Compliance Welcome to a meeting of the Water Board of the City of San Bernardino. •The City of San Bernardino Municipal Water Department recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the General Manager's Office (909-384-5191) two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. •All documents for public review are on file with the Water Department located at 1350 South "E" Street, San Bernardino or may be accessed online at http://www.sbcity:.org/water/newsalerts/agendas n minutes.asp •Please tum off or mute your cell phone while the meeting is in session. •Any member of the public desiring to speak to the Water Board concerning any matter not on the agenda, but which is within the subject matter jurisdiction of the Water Board, 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 forty-five (45) minutes, unless such time limit is extended by the Water Board. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Water Board. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. •The Water Board may refer any item raised by the public to staff for appropriate action or have the item placed on the next agenda of the Water Board. However, no other action shall be taken nor discussion held by the Water Board 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. CALL TO ORDER: ______ a.m./p.m. Attendee Name Present Absent Late Arrived President Toni Callicott Commissioner Louis Fernandez Commissioner Wayne Hendrix Commissioner Judith Valles Commissioner David E. Mlynarski Acting General Manager Robin Ohama Director WRP Kevin Stewart Director of WU Mig1.1el Guerrero Director of Finance Terri Willoughby Director of ERC l ennifer Shepardson OTHERS: EXHIBIT G16.b Packet Pg. 308 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 309 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 310 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 311 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 312 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 313 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 314 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 315 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 316 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 317 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 318 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 319 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 320 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AGENDA REGULAR MEETING WATER BOARD Tuesday, August 28, 2018 -9:30 a.m. MARGARET H. CHANDLER WATER RECLAMATION PLANT 399 CHANDLER PLACE WATER BOARD TONI CALLICOTT President Commissioners LOUIS A. FERNANDEZ WAYNE HENDRIX, P.E. JUDITH VALLES DAVID E. ML YNARSKI San Bernardino, California "Trusted, Quality Service since 1905" Welcome to a meeting of the Water Board of the City of San Bernardino. ROBIN L. OHAMA Acting General Manager MIGUEL GUERRERO, P.E. Director of Water Utility KEVIN T. STEW ART, P .E. Director of Water Reclamation TERRI WILLOUGHBY Director of Finance JENNIFER L. SHEPARDSON Director of Environmental & Regulatory Compliance •The City of San Bernardino Municipal Water Department recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the General Manager's Office (909-384-5191) two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. •All documents for public review are on file with the Water Department located at 1350 South "E" Street, San Bernardino or may be accessed online at hn:p: / www.sbcin .on: /water/newsalerts I a1<endas n minutes.asp •Please tum off or mute your cell phone while the meeting is in session. •Any member of the public desiring to speak to the Water Board concerning any matter not on the agenda, but which is within the subject matter jurisdiction of the Water Board, 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 forty-five (45) minutes, unless such time limit is extended by the Water Board. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Water Board. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. •The Water Board may refer any item raised by the public to staff for appropriate action or have the item placed on the next agenda of the Water Board. However, no other action shall be taken nor discussion held by the Water Board 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. CALL TO ORDER 1.CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEMS: A three-minute limitation shall apply to each member of the public who wishes to address the Water Board. No member of the public shall be pennitted to "share" his or her three minutes with any other member of the public. Pursuant to Government Code Section(s): A.Conference with legal counsel -existing litigation -pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 -Center for Biological Diversity, et al, v City of San Bernardino, et al, Case No. CIVDS1706284. Golden State Enmronmental Justice Alliance v. San Bernardino Municipal Water Department, Case No. CIVDS1706176. 16.b Packet Pg. 321 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 322 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 323 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 324 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 325 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 326 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 327 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 328 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 329 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 330 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 331 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.b Packet Pg. 332 Attachment: Council.August 2018.BCCACAgendas and Minutes.ATTACHMENT 1 (5743 : Agendas and Minutes/Draft Minutes of City Boards, 16.c Packet Pg. 333 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 334 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 335 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 336 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 337 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 338 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 339 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 340 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 341 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 342 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 343 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 344 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 345 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 346 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 347 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 348 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 16.c Packet Pg. 349 Attachment: Council.Agendas and Approved Minutes.Attachment 2 (5743 : Agendas and Minutes/Draft Minutes of City Boards, Commissions, 17.a Packet Pg. 350 Attachment: PR.Akoma Unity Center Jazz Concert Fee Waiver.REPORT (5744 : Event Fee Waiver for Akoma Unity Center Jazz Concert at Anne 9/14/2018 2:21 PM Fiscal Impact Waiving the event permit fees will reduce permit revenue by $827. There are no other costs to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the issuance of an Event Fee Waiver for the Akoma Unity Center Jazz Concert at Anne Sherrill’s Park on September 30, 2018. Attachments Attachment 1 Flier Akoma Unity Center Jazz In The Park Concert Ward: 6 17.a Packet Pg. 351 Attachment: PR.Akoma Unity Center Jazz Concert Fee Waiver.REPORT (5744 : Event Fee Waiver for Akoma Unity Center Jazz Concert at Anne 17.b Packet Pg. 352 Attachment: PR.Akoma Flyer (5744 : Event Fee Waiver for Akoma Unity Center Jazz Concert at Anne Sherrill’s Park) 18.a Packet Pg. 353 Attachment: PR.SBD Fest Staff report 2018 (5745 : Agreement with San Bernardino International for Support Services at SBD Fest 2018) 9/14/2018 2:34 PM 5 Beer Gardens Kids activities Concert (Gin Blossoms and Tierra) Fireworks on Saturday Freestyle Motor Sports Lucha Libre VIP Tent The VIP Tent can accommodate 500 people per day. 100 tickets to the VIP Tent will be sold to the public. The balance of the VIP attendees is made up of local dignitaries, sponsors and performers. This year’s SBD Fest will be held on Saturday, November 3, 2018, from 12:30 p.m. to 8:00 p.m. and on Sunday, November 4, 2018, from 10:00 a.m. to 3:30 p.m. Ticket pricing is as follows: GENERAL ADMISSIONS AGES PRE-SALE AT THE DOOR Adults 13+ $15.00 $20.00 Youth 12 & Under Free Free VIP TENT Adults 13+ $100 Through Oct 21 $125 After Oct 22 Youth 12 & Under $25 Through Oct 21 $35 After Oct 22 SPECIALTY TICKETS Active Military N/A Free Family Military Member 13+ N./A $10 Senior Citizen 65+ with ID N/A $10 Military Veteran with ID N/A $10 Discussion Last fiscal year, the City provided support services from the Parks, Recreation and Community Services in the amount of $12,096. Last year San Bernardino International Airport solicited and paid for Police services totaling $12,942. This year the San Bernardino International Airport is requesting a fee waiver in the amount of $46,916 for the following City services: Police Department - The 2018 event will require 20 police officers to cover the two day event, for adequate staffing levels for an es timated cost of $28,786 (this 18.a Packet Pg. 354 Attachment: PR.SBD Fest Staff report 2018 (5745 : Agreement with San Bernardino International for Support Services at SBD Fest 2018) 9/14/2018 2:34 PM amount does not cover any additional law enforcement services that may be required before, during or after the event). The Police department will p rovide service for Saturday, November 3, 2018, from 12:00 p.m. to 8:30 p.m., and on Sunday, November 4, 2018, from 9:30 a.m. to 4:00 p.m. for general public safety, fixed post and traffic deployment. Police services will also include Command Post coverage, motorcycle officers, marked and unmarked units, and a mobile command post to ensure public safety. Parks, Recreation & Community Services - Labor costs for the Parks & Recreation department is estimated to be $12,701 and have been incorporated into the department’s FY 2018/19 adopted budget. The department will provide and set up trash boxes throughout the event, trash pickup during the event, replace trash liners, restock restrooms (portable units); coordinate with vendors to provide tables, chairs, and large event tents, setup/take down of event tents, provide generators to supply power for event vendors, and operation of the kids zone. Public Works - The estimated cost for the Public Works Department is $5,000. The department will address street closures, install temporary “No Parking Zones”, stage traffic control, setup and maintain traffic control, remove temporary “No Parking Zones” and barricades. Community Development - The estimated cost for the Community Services Department is $429, which will cover the fee waiver for a Special Event permit. 2018-19 Goals and Objectives The request for this partnership aligns with Goal No. 7: Pursue City Goals and Objectives by working with other agencies. This partnership will allow us to work with a government agency that works towards benefitting the City of San Bernardino’s local businesses, and local community. Fiscal Impact The Parks, Recreation and Community Services Department included funding in the amount of $12,701 in the adopted FY 2018/19 budget for services related to SBD Fest 2018. Funding in the amount of $34,215, to provide the requested services of the Community Development, Public Works, and Police Department, is not accounted for in the FY 2018/19 Adopted Budget. The complete event breakdown for support services is as follows: Community Development- special event permit fee $429 Police Services – estimated labor cost of $28,786 Parks, Recreation & Community Services – estimated labor cost of $12,701 18.a Packet Pg. 355 Attachment: PR.SBD Fest Staff report 2018 (5745 : Agreement with San Bernardino International for Support Services at SBD Fest 2018) 9/14/2018 2:34 PM Public Works – estimated labor cost of $5,000 Total Estimated Fiscal Impact: $46,916 If the Mayor and City Council approve the agreement and provision of services, whether with or without a waiver of the costs, staff recommends they not amend the budget at this time. Departments have estimated overtime in their approved budgets. As each department’s budgetary position is reviewed at mid-year, if it is determined that additional funding is needed, at that time staff will recommend an amendment to the budget. Conclusion It is requested that the Mayor and City Council review, discuss, and provide direction in response to the request for a fee waiver in the amount of $46,916 for the San Bernardino International Airport’s SBD Fest 2018 event, and authorize the City Manager to execute an agreement between the City of San Berna rdino and the San Bernardino International Airport, to provide support services for the 2018 SBD Fest as directed by City Council. Ward: All Synopsis of Previous Council Actions: N/A 18.a Packet Pg. 356 Attachment: PR.SBD Fest Staff report 2018 (5745 : Agreement with San Bernardino International for Support Services at SBD Fest 2018) Staff Report City of San Bernardino Request for Council Action Date: September 19, 2018 To: Honorable Mayor and City Council Members From: Benito Barrios, Council Member Second Ward By: Renee Brizuela, Administrative Assistant to City Council Subject: 12th Annual San Bernardino County Water Conference Update – August 10, 2018 Recommendation Receive an oral report by Council Member Barrios. Background On August 10, 2018, Council Member Barrios attended the 12th Annual San Bernardino County Water Conference in Ontario, CA. Discussion Council Member will provide an oral report on the 12th Annual San Bernardino County Water Conference at this evening’s meeting. Mayor, City Council and City Manager Goals and Objectives He attended the 12th Annual San Bernardino County Water Conference 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 An invoice amounting to $125.00 was submitted for the conference registration fees. 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 – 12th Annual San Bernardino County Water Conference Flyer 9/14/2018 8:07 AM 19.a Packet Pg. 357 Attachment: Council.12th Annual San Bernardino County Water Conference Update - August 10, 2018 - Benito Barrios (5746 : 12Th Annual San § 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. 19.b Packet Pg. 358 Attachment: Council.SBC Water (Attachment 1) § 532323- Government Code on Reporting Trips (5746 : 12Th Annual San Bernardino County 19.c Packet Pg. 359 Attachment: Council.SBC Water (Attachment 2) AB 1234 REPORT ON MEETINGS ATTENDED (5746 : 12Th Annual San Bernardino County 19.d Packet Pg. 360 Attachment: Council.SBC Water (Attachment 3) 12th Annual San Bernardino County Water Conf. Flyer (5746 : 12Th Annual San Bernardino 19.d Packet Pg. 361 Attachment: Council.SBC Water (Attachment 3) 12th Annual San Bernardino County Water Conf. Flyer (5746 : 12Th Annual San Bernardino 20.a Packet Pg. 362 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (2) (5747 : Establish Compensation and Benefits Discussion The Elected Official Compensation Advisory Commission met on five (5) occasions to discuss the setting of compensation and benefits for the Mayor and City Council: June 26, 2018 August 13, 2018 July 12, 2018 August 27, 2018 July 23, 2018 The Commission reviewed comprehensive data compiled by staff, studied facts, figures and comparisons. The goal was to develop appropriate salary and benefits recommendations for City-elected officials, while remaining cognizant of the fiscal impact to the City. Regarding mayoral compensation, salary and benefits data were collected from the following California charter cities with full-time mayors: 1. Chula Vista 2. Long Beach 3. National City 4. Oakland 5. Riverside 6. San Diego 7. San Jose Although San Bernardino’s total mayoral compensation (salary + benefits) is below the average of those seven cities ($118,306 vs. $149,887), Commissioners concluded that the current mayoral compensation is reasonable, especially given that most of those cities are much larger than San Bernardino. Accordingly Commissioners generally agreed that the current mayoral salary formula has worked reasonably well. On July 23, 2018, the Elected Official Compensation Advisory Commission voted 8-1 in favor of the following recommendation for the Mayor’s salary effective January 1, 2019: o Establish Mayor’s salary at 50% of the salary of a Superior Court Judge in County of San Bernardino, adjusted and implemented January 1 of each subsequent year o Employer benefit contribution tied to Management Employees o Auto Allowance to continue at $725 per month 9/14/2018 8:46 AM 20.a Packet Pg. 363 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (2) (5747 : Establish Compensation and Benefits Recommended Mayor’s Salary and Benefits Effective January 1, 2019 Annual Amount Comments Annual Salary $102,912 Fifty percent (50%) of the salary of a Superior Court Judge in County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year Employer Health Benefits Contribution $14,340 Employer health benefits contribution equivalent to that offered by the City to management employees Auto Allowance $8,700 Monthly auto allowance of $725 per month TOTAL: $125,952 Compared to current total of $118,306 Regarding Council compensation, salary and benefits data were collected from twelve (12) nearby cities with part-time Councils: 1. Chino 2. Corona 3. Fontana 4. Moreno Valley 5. Ontario 6. Pomona 7. Rancho Cucamonga 8. Redlands 9. Rialto 10. Riverside 11. Victorville 12. West Covina (Pomona, Riverside, and Victorville are charter cities, the remainder are general law cities). Average Council salary for the twelve (12) comparison cities is $14,951 compared to San Bernardino’s annual Council salary of $600. The Commission concluded that the City Council salaries should be increased substantially. Average Council benefits for the twelve (12) comparison cities is $19,500 compared to $22,500 for San Bernardino Council. The major difference is that San Bernardino’s monthly auto allowance is substantially higher than in all twelve (12) comparison cities. The Commission presumed that the large difference in the auto allowance may have emerged over the years to compensate to some degree for the fact that Council salary has been fixed at $50 per month since 1955. Average total Council compensation for the twelve (12) cities is $34,452 compared to $23,100 for San Bernardino. The Commission concluded that the City Council total compensation should be increased substantially to help ensure that qualified individuals are not discouraged from seeking office. 9/14/2018 8:46 AM 20.a Packet Pg. 364 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (2) (5747 : Establish Compensation and Benefits On August 13, 2018, the Elected Official Compensation Advisory Commission voted 8-1 in favor of the following recommendation for City Council members’ salary effective January 1, 2019: Set each City Council member’s salary at $14,000 per year. Annual salary does not adjust automatically on an annual basis. Employer benefit contribution tied to Management Employees Auto Allowance of $500 per month Recommended City Council’s Salary and Benefits Effective January 1, 2019 Annual Amount Comments Annual Salary $14,000 $14,000 per year aligns with the average of salaries surveyed and equals approximately 1/7 of the Mayor's salary Employer Health Benefits Contribution $14,340 Employer health benefits contribution equivalent to that offered by the City to management employees Auto Allowance $6,000 Reduced amount from $725 per month to $500 per month TOTAL: $34,340 The recommended annual salary is 14,000 per year, which is close to the average of the surveyed comparison cities and equals approximately 1/7 of the Mayor’s salary. The salary will not include automatic increases. The recommended salary for City Council members will also impact CalPERS pension costs. The impact is approximately $10,000 annually and $5,000 for six (6) months. The Elected Official Compensation Advisory Commission recommended compensation and benefits for the Mayor and City Council in good faith. Furthermore, the commission emphasized the importance of compensating elected leaders at levels suitable to attract a diverse talent pool and to provide adequate compensation for this region while serving the City. On September 5, 2018, at the Mayor and City Council meeting, a public hearing was held to present the Elected Official Compensation item. A vote was taken and the decision was made to continue the matter to September 19, 2018, to accomodate participation of two councilmembers that were absent during the September 5, 2018 meeting. 2018-19 Goals and Objectives The recommendation to establish salaries for City-elected officials aligns with Goal No. 5: Improve Government Operations. Fiscal Impact The total annual fiscal impact of the proposed changes is an increase to the Legislative Department budget of $113,000. Only one-half of that amount, or $56,500, is required 9/14/2018 8:46 AM 20.a Packet Pg. 365 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (2) (5747 : Establish Compensation and Benefits for the balance of the FY 2018/19 budget due to the January 1, 2019 effective date of the proposed changes. The salaries and pension cost accounts would be increased while the auto allowance account would be decreased consistent with the changes noted in the report for the Mayor and City Council members. A resolution approving the budget amendment will be presented to the City Council at the meeting where the second reading and adoption of Ordinance No. MC 1504 are proposed. Conclusion Introduce for first reading Ordinance No. MC 1504 of the Mayor and City Council of the City of San Bernardino, California, establishing the salaries for the City-elected officials. Attachments Attachment 1 Proposed Ordinance No. MC 1504 Attachment 2 Mayor Summary Attachment 3 Council Summary Ward: On February 21, 2018, the Elected Official Compensation Advisory Commission was established by Ordinance No. MC-1463. On September 5, 2018, the Mayor and City Council conducted a Public Hearing to establish compensation and benefits for City-Elected officials. The Mayor and City Council continued the matter to the September 19, 2018 meeting to accommodate participation and discussion from the two councilmembers who were absent at the September 5, 2018 meeting. 9/14/2018 8:46 AM 20.a Packet Pg. 366 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (2) (5747 : Establish Compensation and Benefits ORDINANCE NO. MC 1504 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS FOR THE CITY-ELECTED OFFICIALS WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of San Bernardino, as a charter city, to provide for the compensation of the Mayor and City Council; and WHEREAS, Mayor and City Council salaries are currently established by Section 24 of the former City Charter; and WHEREAS, Section 305 of the new City Charter adopted by voters on November 8, 2016 and Municipal Code Chapter 2.19 require that compensation for elected officials be adopted by ordinance, after public hearing, and considering the recommendations of an advisory commission; and WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory Commission (the “Commission”) was established by Ordinance No. MC-1463; and WHEREAS, since its establishment, the Commission has met on five occasions to discuss the setting of compensation and benefits for the Mayor and City Council; and WHEREAS, at its July 23, 2018 meeting, after a comprehensive review of data compiled by City staff, the Commission recommended the City Council set the Mayor’s annual salary at its current level of 50% of the salary of a Superior Court Judge in County of San Bernardino and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $725; and WHEREAS, at its August 13, 2018 meeting, the Commission recommended the City Council set each City Council member’s annual salary at $14,000 and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $500; and WHEREAS, in making these recommendations, the Commission emphasized the importance of compensating elected leaders at levels suitable to attract a diverse talent pool and to provide adequate compensation for this region while serving the City. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 20.b Packet Pg. 367 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5747 : Establish Compensation and Ordinance No. MC 1504 2 SECTION 2. Chapter 2.82 is hereby added to the City of San Bernardino Municipal Code to read, in its entirety, as follows: “ Chapter 2.82 Mayor and City Council Compensation Sections: 2.82.010 Compensation of Mayor 2.82.020 Compensation of City Council Members 2.82.010 Compensation of Mayor Commencing January 1, 2019, the Mayor shall receive the following compensation: A. Annual salary of fifty percent (50%) of the salary of a Superior Court Judge in County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year; B. Employer health benefits contribution equivalent to that offered by the City to management employees; and C. An auto allowance of $725 per month. The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on City-related business. 2.82.020 Compensation of City Council Members Commencing January 1, 2019, each City Council member shall receive the following compensation: A. Annual salary of $14,000; B. Employer health benefits contribution equivalent to that offered by the City to management employees; and C. An auto allowance of $500 per month. The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for City 20.b Packet Pg. 368 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5747 : Establish Compensation and Ordinance No. MC 1504 3 business-related travel and further exclusive of any amounts payable to a City Council member for out of town attendance on City-related business.” SECTION 3. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378(b)(4), which provides that the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects. Here, this Ordinance provides funding to the Mayor and City Council Members and does not involve any commitment to any specific project that may result in a potentially significant impact on the environment. Moreover, this Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. Notwithstanding the foregoing, in compliance with Section 305 of the City Charter, the salaries and benefits established herein shall become effectiv e on January 1, 2019. SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2018. R. Carey Davis, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, CMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 20.b Packet Pg. 369 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5747 : Establish Compensation and Ordinance No. MC 1504 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of _______, 2018. Ordinance No. _____ was approved, passed and adopted at a regular meeting held the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2018. ______________________________ Georgeann Hanna, CMC, City Clerk 20.b Packet Pg. 370 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5747 : Establish Compensation and ATTACHMENT 2 Agency Status Annual Base Salary (Max) *Estimated Employer Paid Benefits Package (Annual) Estimated Total Employer Cost (Salary & Benefits)City Population Median Household Income 1 City of Chula Vista - Charter City Full-time 126,464.00$ $ 29,389.92 $ 155,853.92 267,172 68,699.00$ 2 City of Long Beach - Charter City Full-time 142,680.00$ $ 25,321.08 $ 168,001.08 470,130 60,075.00$ 3 City of National City - General City Full-time 54,385.56$ $ 23,400.00 $ 77,785.56 61,147 42,178.00$ 4 City of Oakland - Charter City Full-time 229,222.05$ $ 28,986.60 $ 258,208.65 420,005 68,060.00$ 5 City of Riverside - Charter City Full-time 82,764.00$ $ 23,423.04 $ 106,187.04 327,728 63,548.00$ 6 City of San Diego - Charter City Full-time 100,464.00$ $ 27,371.00 $ 127,835.00 1.407 M 71,481.00$ 7 City of San Jose - Charter City Full-time 128,750.00$ $ 26,585.88 $ 155,335.88 1.025 M 101,940.00$ $123,532.80 $ 26,353.93 $149,886.73 City of San Bernardino - Charter City Full-time $ 95,805.96 $ 22,500.00 $ 118,305.96 216,995 $ 39,472.00 Survey 2018 Mayor: Summary AVERAGE: *Total Estimated Employer Paid Benefits includes health contribution, auto allowance, cell phone allowance, & deferred compensation where applicable.20.cPacket Pg. 371Attachment: HR.Establish Compensation and Benefits for City-Elected Officialss - Attachment 2 - Mayor Summary (5747 : Establish ATTACHMENT 3 Agency General or Charter City How is the City Council's Salary Determined?Annual Base Salary (Max) *Estimated Employer Paid Benefits Package (Annual) Estimated Total Employer Cost (Salary & Benefits) City Population **Median Household Income 1 Chino General Set by Ordinance No. 2008-20 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 15,372.00 $ 26,352.00 $ 41,724.00 89,797 $ 68,666.00 2 Corona General Set by Ordinance No. 1738 in accordance with Government Code 36516 Part 1. General section (a)(2)(E). $ 9,600.00 $ 11,363.04 $ 20,963.04 168,836 $ 71,584.00 3 Fontana General Set by Ordinance No. 1571 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 14,040.00 $ 26,469.96 $ 40,509.96 211,815 $ 66,073.00 4 Moreno Valley General Set by Ordinance No. 722 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 13,212.00 $ 24,420.00 $ 37,632.00 207,226 $ 64,008.00 5 Ontario General Set by Ordinance No. 2987 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 20,529.60 $ 25,989.24 $ 46,518.84 175,841 $ 55,982.00 6 Pomona Charter Set by Ordinance No. 4193 in accordance with Government Code 36516 Part 1. General section (a)(2)(E). Per Charter, salaries may also be increased each calendar year by an amount equal to the inflationary change listed in the Consumer Price Index (CPI-U) for the metropolitan Los Angeles-Anaheim-Riverside area published annually by the United States Bureau of Labor Statistics. $ 9,828.00 $ 9,300.00 $ 19,128.00 152,939 $ 53,972.00 7 Rancho Cucamonga General Set by Ordinance No. 870 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 15,716.76 $ 13,200.00 $ 28,916.76 177,452 $ 81,286.00 8 Redlands General Set by Ordinance No. 1903 in accordance with Government Code 36516 Part 1. General Section (a)(2)(C). $ 6,000.00 $ 10,800.00 $ 16,800.00 71,554 $ 72,094.00 9 Rialto General Set by Ordinance No. 1437 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 13,248.00 $ 25,233.24 $ 38,481.24 103,562 $ 53,582.00 10 Riverside Charter Set by Ordinance No. 7279. Per Charter, any increase may not exceed 5% of their existing salary every odd-numbered year. $ 41,376.00 $ 21,623.04 $ 62,999.04 327,728 $ 63,548.00 11 Victorville Charter Set by Ordinance No. 2180. Per Ordinance No.2017 any increase may not exceed an amount equal to 5% for each calendar year from the operative date of the last adjustment. $ 11,313.84 $ 12,000.00 $ 23,313.84 122,441 $ 48,065.00 12 West Covina General Set by Ordinance No. 1830 in accordance with Government Code 36516 Part 1. General section (a)(4). $ 9,180.00 $ 27,252.24 $ 36,432.24 107,598 $ 74,076.00 $ 14,951.35 $19,500.23 $34,451.58 City of San Bernardino Charter Advisory Commission recommends compensation and salaries must be established by Ordinance after Public Hearing $ 600.00 $ 22,500.00 $ 23,100.00 216,995 $ 39,472.00 Survey 2018 Part-Time City Council: Summary AVERAGE: *Total Estimated Employer Paid Benefits includes health contribution, auto allowance, cell phone allowance, & deferred compensation where applicable.20.dPacket Pg. 372Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 3 - City Council Summary (5747 : Establish 21.a Packet Pg. 373 Attachment: EHD.CAPER FY 2017-2018 - Staff Report (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 9/18/2018 8:34 AM A. One Five-Year Consolidated Plan; B. Five annual Action Plans, and C. Five annual CAPERs. Consolidated Plan The Consolidated Plan serves four primary functions: 1. It is a planning document for the community that is built upon public participation and input. 2. It serves as the application for HUD’s formula grant programs (CDBG , HOME and ESG) which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low- and moderate- income families. 3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs. 4. It serves as a five-year planning document for the use of HUD funds and implementation of programs that will meet local needs. The current Five-Year Consolidated Plan covers July 1, 2015 to June 30, 2020. One-Year Action Plan The one-year Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2017-2018 Action Plan was adopted by the Mayor and City Council on May 15, 2017 third of five Annual Action plans under the current Consolidated Plan that the City submitted to HUD. Consolidated Annual Performance and Evaluation Report (CAPER) This report is the third year Consolidated Annual Performance and Evaluation Report (CAPER) under the current Consolidated Plan . It outlines the City’s actual accomplishments for the period of July 1, 2017 through June 30, 2018. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan. CAPER Summary CDBG and ESG Programs During 2017-18 reporting period, the City of San Bernardino received $3,340,543 in CDBG and ESG funds. The City continues to make progress toward meeting its long-term goals. The 2017- 2018 CAPER Summary Report summarizes the City’s five -year priority needs and one- year goals and accomplishments (Attachment 1). Detailed descriptions of annual accomplishments are provided throughout the CAPER document (Attachment 2). Short discussion on the CDBG accomplishments and ESG accomplishments. 21.a Packet Pg. 374 Attachment: EHD.CAPER FY 2017-2018 - Staff Report (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 9/18/2018 8:34 AM During FY 2017/18, the Olive Meadow Apartments were completed, which opened in September 2017 and was the first onsite phase located at Waterman Gardens. Olive Meadow resulted in the development of 61, energy efficient affordable apartments for low and moderate-income families, and the ongoing redevelopment of the former Waterman Gardens public housing project. Activity Source/Amount Unit of Measure Expected Goal Actual Goal Fair Housing CDBG: $60,000 Persons Assisted 3000 2799 Neighborhood Revitalization CDBG: $250,000 Household Housing Units 12 3 Improve Facilities & Infrastructure CDBG: $465,000 Persons Assisted 4525 3500 Housing Rehabilitation CDBG: $150,000 Household Housing Unit 15 0 Economic Development CDBG: $967,977 Businesses / Jobs 475 0 Emergency Solutions Grant (ESG) ESG: $240,405 Persons Assisted 744 585 Affordable Housing Construction HOME: $1,217,397 Household Housing Units 3 75 1 During 2015 through June 2018, the City was part of the San Bernardino County HOME Consortium. The City’s HOME funds were allocated to the County for affordable housing projects within the City of San Bernardino. As of July 1, 2018 the City will no longer be a part of the County Consortium, but will be able to manage its own HOME funds. Citizen Participation Federal regulations require that the CAPER be made available to citizens for public comment and to be considered by the City Council at a public hearing. In accordance with HUD guidelines, a notice was published in El Chicano on August 30, 2018 and in the San Bernardino Sun on September 5, 2018 inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website , the City’s Information Center, the City’s Housing Division (Planning public counter), and the Feldheym Library. Staff also met with a group of residents on September 15, 2018. Environmental Compliance In accordance with Section 15378 of the California Environmental Quality Act (CEQA) and 24 CFR 58.34(a) of the National Environmental Protection Act (NEPA), the development of the Consolidated Annual Performance and Evaluation Report is exempt and therefore, not subject to its provisions. 2018-19 Goals and Objectives The authorization for submittal of the FY 2017/18 CAPER to HUD meets Mayor and City Council Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. 21.a Packet Pg. 375 Attachment: EHD.CAPER FY 2017-2018 - Staff Report (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 9/18/2018 8:34 AM Fiscal Impact The submission of the CAPER does not have an impact to the City’s General Fund. The activities described in the CAPER were funded entirely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funds from HUD. Conclusion Authorize the submission of the FY 2017/18 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development. Attachments Attachment 1 FY 2017/18 CAPER Summary Attachment 2 FY 2017/18 Consolidated Annual Performance Evaluation Report Ward: Citywide Synopsis of Previous Council Actions: May 15, 2017 – FY 2017/18 HUD Annual Action Plan December 19, 2017 – Substantial Amendment to the FY 2015-2019 Consolidated Plan and FY 2016/17 Annual Action Plan 21.a Packet Pg. 376 Attachment: EHD.CAPER FY 2017-2018 - Staff Report (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and ATTACHMENT I Fiscal Year 2015-2019 Consolidated Plan - Five-Year Strategic Plan Priority Needs 1 9/14/2018 Expand homeownership opportunities. Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed5- Year Goal Direct Financial Assistance to Homebuyers 0 0 0%Households N/C 25 N/C Preserve and rehabilitate housing Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Single-Family Rehabilitation 15 0 0%Housing Units N/C 65 N/C Fair Housing Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Fair Housing Services 3,000 2,799 93%People N/C 750 12,500 Improve Neighborhood conditions Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Housing Code Enforcement 12 0 0%Housing Units Housing Units 25,000 4,000 Foreclosed Property Care / Demolition Program 0 0 0%Housing Units 25,000 75 New Affordable Housing Construction Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal New Affordable Housing Construction 3 75 100%Housing Units N/C 0 30 1-Year Assessment 5-Year Goals and Objectives Priority Need: Affordable Housing Strategy #5 Priority Need: Affordable Housing Strategy #1 1-Year Assessment 5-Year Goals and Objectives Priority Need: Affordable Housing Strategy #4 Priority Need: Affordable Housing Strategy #3 Priority Need: Affordable Housing Strategy #2 1-Year Assessment 5-Year Goals and Objectives 1-Year Assessment 5-Year Goals and Objectives 1-Year Assessment 5-Year Goals and Objectives 21.b Packet Pg. 377 Attachment: EHD.CAPER FY 2015-2020 Consolidated Plan 5 Yr Strategic Plan Goals and 1 year goals - ATTACHMENT I Fiscal Year 2015-2019 Consolidated Plan - Five-Year Strategic Plan Priority Needs 2 9/14/2018 Provide Assistance to Renter Households Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Provide Assistance to Renter Households 0 0 0%Households N/C 0 28,000 Improve Facilities and Infrastructure Planned Activities 2015-16 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Public Facility and Infrastructure Improvements 4,525 0%People Public Facility 158,000 30 Promote Economic Development – Micro- enterprise Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Job Creation (Section 108)475 0 0%Jobs N/C 475 300 Promote Economic Development - Commercial Rehabilitation Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Business Assistance 8 0 0%Businesses N/C 60 10 Provide Support Services Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal Public Service Activities (CDBG & ESG)3,000 0%People N/C 325,000 45,000 Priority Need: Affordable Housing Strategy #6 1-Year Assessment 5-Year Goals and Objectives 1-Year Assessment 5-Year Goals and Objectives Priority Need: Non-Housing Community Development Strategy #1 Priority Need: Non-Housing Community Development Strategy #2 Priority Need: Non-Housing Community Development Strategy #3 Priority Need: Homeless, Non- Homeless and Special Needs 1-Year Assessment 5-Year Goals and Objectives 1-Year Assessment 5-Year Goals and Objectives 1-Year Assessment 5-Year Goals and Objectives 21.b Packet Pg. 378 Attachment: EHD.CAPER FY 2015-2020 Consolidated Plan 5 Yr Strategic Plan Goals and 1 year goals - ATTACHMENT I Fiscal Year 2015-2019 Consolidated Plan - Five-Year Strategic Plan Priority Needs 3 9/14/2018 CDBG/HOME/ESG Planning and Administration* Planned Activities 2017-18 Goal 2017-18 Accomplishments 5-Year Goal Achievement Performance Indicator Proposed Performance Indicator 5-Year Goal Proposed 5- Year Goal CDBG Administration HOME Administration ESG Administration Priority Need: Planning and Administration N/C N/A N/A N/C N/AN/A N/A 1-Year Assessment 5-Year Goals and Objectives 21.b Packet Pg. 379 Attachment: EHD.CAPER FY 2015-2020 Consolidated Plan 5 Yr Strategic Plan Goals and 1 year goals - CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of San Bernardino (the "City) is a direct recipient of Community Planning and Development formula grants (e.g. Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant). As an Entitlement City, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development priorities listed in its approved Five-Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD by or before September 28, 2018. This Consolidated Annual Performance and Evaluation Report (CAPER) outlines the City’s actual accomplishments for the third program year period of July 1, 2017 through June 30, 2018. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Expand Home Ownership Opportunities Affordable Housing HOME: $ Direct Financial Assistance to Homebuyers Households Assisted 25 1 4.00% 5 0 0.00% CAPER 1 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 380 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Fair Housing Affordable Housing CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 12500 6157 49.26% 3000 2799 93.30% Improve Facilities and Infrastructure Non-Housing Community Development CDBG: $ / ESG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 30 1 3.33% 4525 0 0.00% Improve Neighborhood Conditions Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 65 21 32.31% 15 0 0.00% Improve Neighborhood Conditions Affordable Housing CDBG: $ Buildings Demolished Buildings 75 27 36.00% 0 0 0.00% Improve Neighborhood Conditions Affordable Housing CDBG: $ Housing Code Enforcement/Foreclosed Property Care Household Housing Unit 4000 874 21.85% 12 0 0.00% New Affordable Housing Construction Affordable Housing HOME: $1217397 Homeowner Housing Added Household Housing Unit 3 75 2,500.00% 3 75 2,500.00% Planning and Administration Administration CDBG: $ / HOME: $ Other Other 1 1 100.00% 1 1 100.00% Preserve and Rehabilitate Housing Affordable Housing CDBG: $ / HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 65 21 32.31% 15 0 0.00% CAPER 2 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 381 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Promote Economic Development Non-Housing Community Development CDBG: $ Jobs created/retained Jobs 300 0 0.00% 475 0 0.00% Promote Economic Development Non-Housing Community Development CDBG: $ Businesses assisted Businesses Assisted 10 0 0.00% 8 0 0.00% Provide Supportive Services Homeless Non-Homeless Special Needs CDBG: $ / ESG: $240450 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 45000 26480 58.84% 20000 14239 71.20% Provide Supportive Services Homeless Non-Homeless Special Needs CDBG: $ / ESG: $240450 Homeless Person Overnight Shelter Persons Assisted 0 535 0 535 365 68.22% Provide Supportive Services Homeless Non-Homeless Special Needs CDBG: $ / ESG: $240450 Homelessness Prevention Persons Assisted 0 272 0 744 0 0.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. CAPER 3 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 382 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME ESG White 9,780 12 319 Black or African American 1,996 24 250 Asian 1,545 0 8 American Indian or American Native 140 0 19 Native Hawaiian or Other Pacific Islander 143 0 3 Total 13,604 36 599 Hispanic 0 12 246 Not Hispanic 0 24 332 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative The 2010 United States Census reported that San Bernardino had a population of 209,924. The racial makeup of San Bernardino was 95,734 (45.6%) White (19.0% Non-Hispanic White), 31,582 (15.0%) African American, 2,822 (1.3%) Native American, 8,454 (4.0%) Asian, 839 (0.4%) Pacific Islander, 59,827 (28.5%) from other races, and 10,666 (5.1%) from two or more races. Hispanic or Latino of any race was 125,994 persons (60.0%). CAPER 4 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 383 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG CDBG 3,057,089 3,848,842 HOME HOME 1,192,397 1,650,297 HOPWA HOPWA 0 0 ESG ESG 283,454 232,658 Other Other Table 3 - Resources Made Available Narrative During FY 2017-2018 the City of San Bernardino had a total of $3,057,089 in Community Development Block Grant Funds, $1,192,397 in HOME Investment Partnership (HOME) funds and $283,454 in Emergency Solution Grant funds available to use for programs and projects to address the goals and objectives in the 2015-2020 Five Year Consolidated Plan and 2017-2018 Annual Action Plan. Any HOME funds used by City staff during FY 2016-2017 to support the development of affordable housing were funds (i.e. loan repayments, unspent funds, etc.) from pre-2015 HOME activities. Expenditure of Program Funds The City of San Bernardino invested $3,848,842.86 in CDBG, $1,650,297.73 in HOME and $232,658.85 in ESG on projects and programs that benefit low and moderate income residents and/or prevent blighted conditions that exist in the City. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Table 4 – Identify the geographic distribution and location of investments Narrative CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino boundaries where 51 percent or more of the households residing in those areas are low- to-moderate- income. Much of the City qualifies as a CDBG Benefit Service Area. Based on 2007-2011 CHAS data, approximately 59 percent (59%) of households in the City are considered to have low- or moderate-incomes. CAPER 5 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 384 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and The City used its funding to finance a variety of housing, community development, economic development, and capital improvement projects. During FY 2017-2018, the City’s CDBG funding was used to finance projects targeting low- to moderateincome individuals and families throughout the City, including those in special needs categories such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, and persons living with HIV/AIDS. CAPER 6 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 385 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Due to the City’s housing and community development needs, the ability to leverage its entitlement grant funds with a variety of other resources is important in maximizing the effectiveness of limited federal dollars. The following table outlines how the City’s subrecipients were able to implement their programs by leveraging federal funds with other sources. For FY 2017-2018 a total of $800,000 in other federal state, local and private resources were used to levarage the City's CDBG funds. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report CAPER 7 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 386 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin- ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 0 0 0 0 0 Table 7 – Program Income CAPER 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 387 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property CAPER 9 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 388 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition CAPER 10 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 389 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 3 75 Number of Special-Needs households to be provided affordable housing units 0 0 Total 3 75 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 296 296 Number of households supported through The Production of New Units 3 3 Number of households supported through Rehab of Existing Units 15 0 Number of households supported through Acquisition of Existing Units 0 0 Total 314 299 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of San Bernardino will continue to evaluate and assess the goals and outcomes identified in the 2015-2020 Five-Year Consolidated Plan. For FY 2017-2018, progress toward meeting the City’s five-year goals and objectives were marginal. As the City emerged from bankruptcy, most of the year was spent accessing its human and financial resources and developing a strategy that would keep the City solvent and help it grow and thrive. CAPER 11 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 390 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Discuss how these outcomes will impact future annual action plans. The City will continue to assess its progress in meeting its Consolidated Plan goals and objectives and make adjustments as necessary. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 7,578 4 Low-income 1,879 4 Moderate-income 1,325 8 Total 10,782 16 Table 13 – Number of Households Served Narrative Information During FY 2017-18, the City of San Bernardino assisted 7,582 households with extremely low incomes, 1,883 households with low-income and 1,333 households with moderate income through its CDBG program. A total of 10,798 households were served during the 2017-18 program year. For the HOME program, the City of San Bernardino assisted 4 households with extremely low incomes and 8 households with moderate income. A total of 16 households were served during FY 2017-18. CAPER 12 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 391 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs During FY 2017-2018 the City continued to take aggressive actions to address the emergency shelter and transitional housing needs of homeless individuals and families including significant subpopulations such as those living on the streets. Furthermore, the City continued to support the efforts of the San Bernardino County Homeless Partnership (SBCHP) that was formed to promote a strong collaboration between agencies to direct the planning, development, and implementation of the County’s 10-year Strategy to end chronic homelessness. Addressing the emergency shelter and transitional housing needs of homeless persons The City continues to fund various organizations that provide emergency shelter and transitional housing for the homeless. During FY 2017-2018, ESG funds were awarded to the following non-profit agencies that specialize in providing support services and housing to homeless populations: Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again During FY 2016-2017, the City continued to support the “Zero Tolerance” discharge policy implemented by the San Bernardino County Homeless Partnership (SBCHP) through the implementation of the 10- Year Strategy for Ending Homelessness. The discharge policy prevents persons being discharged into homelessness. The City also provided ESG and CDBG funding to the San Bernardino Homeless Access CAPER 13 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 392 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Center that provides essential and housing placement services to homeless and near-homeless persons and the Homeless Street Outreach Team that provides daily mobile outreach to the most service- resistant homeless population in San Bernardino. CAPER 14 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 393 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. As for homeownership opportunities, the City has implemented an Infill Housing Program that will use federal funds to acquire parcels of land, rehabilitate or construct housing units on these parcels of land then sell them to income qualified homebuyers. Accomplishments for this program will be reported in FY 2018- 2019. The City also works with the Inland Fair Housing and Mediation Board and Neighborhood Partnerships Housing Services, Inc. to provide First Time Homebuyer workshops to educate potential borrowers in the complete process of purchasing home. These agencies also provide other services such as Default/Foreclosure Prevention and Reverse Mortgage counseling services; and financial education workshops that help homeowners preserve their housing. Actions taken to provide assistance to troubled PHAs The Housing Authority of the County of San Bernardino (HACSB) accepts applications for Section 8 Project-Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score is a reflection of how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program.As a “Moving to Work Demonstration” provider, HACSB is not subject to the traditional Public Housing Authority (PHA) and Section Eight Management Assessment Program (SEMAP) scoring; however, HACSB is a “High Performer” agency per HUD standards. CAPER 15 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 394 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City is currently working on a comprehensive update to the Development Code. This includes eliminating constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot consolidation by winter 2018. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a Conditional Use Permit (CUP) for certain qualified projects. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The greatest obstacle to meeting the needs of the underserved is a lack of public and private resources to fully address the priorities identified in this Consolidated Plan. The City of San Bernardino has used all of its CDBG, HOME and ESG in FY 2017-2018 to fund activities that meet the needs of the underserved. The City has filled many important vacancies in Public Works, Housing, and Economic Development. The CAPER 16 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 395 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Economic and Housing Development Department now has a full staff to implement all of the programs. The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. This strategy requires the City to implement programs that protect children living in housing built prior to 1978 from lead hazards. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) An estimated 17,809 housing units occupied by low- and moderate-income households in San Bernardino may contain lead-based paint; this constitutes approximately 27% of the City's housing stock. To reduce possible lead-based paint hazards, the City has taken the following actions: • Included lead testing and abatement procedures in all rehabilitation activities, where appropriate. • Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services. • Educated residents on the health hazards of lead-based paint through the use of brochures and encouraged screening children for elevated blood-lead levels. • Disseminated brochures about lead hazards through the Housing Rights Center and the City’s housing rehabilitation activities. Procedurally, the City will continue to monitor the HUD website for any revisions to the lead-paint hazards regulations and ensure that the City’s policies and procedures remain current. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City’s goal is to help families that are self-sufficient, yet still at risk of becoming homeless, increase their financial stability. The focus of the City’s anti-poverty strategy is three-fold: (1) to help these families accumulate assets; (2) to help these families address issues, such as substance abuse and domestic violence that may threaten the family’s stability; and (3) to provide families with employment- related supportive services such as child care. Actions taken to develop institutional structure. 91.220(k); 91.320(j) There are a variety of agencies, local governments, non-profit organizations, businesses and financial institutions play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and interaction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2015-2019 Consolidated Plan, the City’s Housing Division analyzes its performance in addressing the community’s housing and community development needs and develops CAPER 17 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 396 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and strategies to improve its institutional structure. In conjunction with other City departments, such as Public Works, Parks, Recreation and Community Services, and Code Enforcement, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for-profit and non-profit developers and lenders to facilitate the improvement, preservation, and/or creation of affordable housing opportunities for low and moderate income households within the City. Furthermore, the City will continue to work on coordinating activities with County of San Bernardino agencies such as the Department of Behavioral Health, Community Development and Housing Agency, OHS and the San Bernardino County Housing Authority to continue to meet the needs of the City's special needs populations by providing services and affordable housing opportunities. In addition, the City will continue to improve internal processes regarding the allocation and administration of all federal and state funded programs by identifying structural gaps and enhancing protocols to allow for greater accuracy in reporting and monitoring. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) During FY 2017-2018, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents: • The City improved its Notice of Funding Availability (NOFA) application for federal funding and held public meetings to announce the release of the CDBG Program NOFA, to explain the application process and answer questions. • The City posted its Consolidated Plan, Action Plan, CAPER, and Notice of Funding Availability (NOFA) for federal funds on the City’s website (www.sbcity.org). Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five-year planning document called the Analysis of Impediments to Fair Housing Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to overcome the effects of private sector. CAPER 18 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 397 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements As the lead for the City's Consolidated Plan, the Housing Division is continually honing its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The City’s Manager’s Office used to monitor all housing projects and federal compliance of housing and non-housing projects funded with CDBG, HOME, and ESG. The Economic and Housing Department is now responsible. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities. Program Monitoring The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Subrecipient Training Workshop with its subgrantees to discuss methods for complying with federal and city requirements prior to the start of the fiscal year, and a combination of desk review and on-site monitoring techniques to ensure on-going compliance of Federally-funded activities. Minority Business Outreach As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and women-owned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City participated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e-Procurement websites where potential bidders may obtain these request for bids through the internet. The City also encourages MBE-WBE firms to compete for CDBG, HOME and ESG construction contacts. City staff ensures the Contractor-Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required. Consolidated Plan Monitoring Staff oversaw the planning and budgeting process to ensure that federally-funded activities were consistent with the Consolidated Plan’s identified high- and possibly medium-priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity. Environmental reviews records were prepared for each federally-funded activity and monitoring of construction activities that triggered Davis-Bacon and Federal Labor compliance was conducted. The City will continue to monitor the progress of its FY 2015-2020 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars. CAPER 19 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 398 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City encouraged public participation in the review and assessment of FY 2017-2018 by making the draft CAPER available for public review and comment from September 5th through September 19th, 2018. A notice was published in El Chicano (Spanish) on August 30, 2018 and in the San Bernardino Sun (English) on September 5, 2018 inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, the City’s Housing Division (Planning public counter), and the Feldheym Library. Staff also met with a group of residents on September 15, 2018. A copy of these notices can be found as Appendix A. The City also held a public hearing on the CAPER and the City’s performance for Program Year 2017- 2018 on September 19, 2018 at 5:00 p.m. at the San Bernardino Council Chambers, located at 201 North “D” Street, San Bernardino, California. CAPER 20 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 399 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. Staff’s assessment of the 2017-2018 CAPER has revealed that some adjustments to the FY 2015-2019 Consolidated Plan were needed in order to clarify and bring the City’s goals and objectives in line with what can be achieved with the given resources. These adjustments were made during the FY 2017-2018. The City will continue to monitor the progress of its FY 2015-2020 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars. The City pursued all resources indicated in the one-year Action Plan and did not, through action or willful inaction; attempt to hinder the implementation of the Consolidated Plan. All funds were used to meet a qualified national objective. For activities that served a target clientele that was not presumed to be primarily low- and moderate-income, the City or its designated sub-recipients documented household income. For FY 2016-2017, Certifications of Consistency to the City’s Consolidated Plan were not issued. CDBG funds were not used on a project that led to the displacement or relocation of a household or business. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 21 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 400 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. No on-site inspections were conducted in FY 2017-2018. Based on the number of units, inspections are required every 2 years. Inspections have been scheduled for FY 2018-2019, and results will be reported in the next CAPER. Below is a list of HOME projects scheduled for monitoring. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) According to the regulations, HOME rental projects consisting of five or more assisted units must include and adhere to affirmative marketing procedures and requirements. For each HOME project the city undertakes, that triggers this requirement, and affirmative marketing plan is developed. Each Affirmative Marketing Plans includes the following: § List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy; § Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds. § Owners and leasing agents will place advertisements to market HOME-assisted units through local sources, public agencies and social service organizations; § Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations; § Maintenance of records to document actions taken to affirmatively market HOME-assisted units and to assess marketing effectiveness; and § Description of actions that will be taken if requirements are not met Refer to IDIS reports to describe the amount and use of program income for projects, including the CAPER 22 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 401 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and number of projects and owner and tenant characteristics The City utilizes its HOME program income for low and moderate income housing activities. Program income is deposited into a separate account used to finance current and future housing activities. There were no float-funded activities or revolving loan funds. As the City is a temporary member of the San Bernardino County Consortium, the City has no means of receipting any new HOME program income in IDIS. As of August 28, 2018 the City has received a total of $563,068.72 in HOME program income. Program income will be used in future housing development projects or other eligible HOME activities as identified in future Annual Action Plans. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics The City utilizes its HOME program income for low and moderate income housing activities. Program income is deposited into a separate account used to finance current and future housing activities. There were no float-funded activities or revolving loan funds. A total of $224,727.25 in HOME program income was reported in FY 2016-2017. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) With approximately 23% of the City’s families below the poverty level, the need for affordable housing continues to be a priority for the City. To foster and maintain affordable housing in San Bernardino, the City has implemented the following strategies: • Expand homeownership opportunities • Provide access to fair housing services • Improve Neighborhood Conditions • Preserve and rehabilitate housing CAPER 23 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 402 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and For PY 2017-18, actions taken by the City to foster and maintain affordable housing include: • Partnered with the County of San Bernardino and National Community Renaissance (a.k.a. National Core) to receive $20 million from the California Strategic Growth Council for the Arrowhead Grove multi-family housing development project. • Partnered with the Housing Authority of San Bernardino County and County of San Bernardino County to purchase and rehabilitate an existing 21-unit multi-family property into 38 residential apartments with support services for homeless veterans and very low income persons. • Collaborated with Housing Partners I and Neighborhood Partnership Housing Services (designated CHDOs) to develop single-family homes on vacant city-owned properties to be sold to income-qualified families. • Initiated the Owner Occupied Residential Rehabilitation Program that provides financial assistance to income-qualified San Bernardino homeowners to make necessary repairs to their homes. • Monitored affordable housing developments at risk of converting to market rate units and working with the owner to preserve the affordability of these units. Since 1994 the City has rehabilitated 325 housing units, constructed 497 housing units and acquired 712 housing units, CR-60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in e-snaps For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name SAN BERNARDINO Organizational DUNS Number 059452636 EIN/TIN Number 956000772 Indentify the Field Office LOS ANGELES Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance San Bernardino City & County CoC CAPER 24 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 403 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and ESG Contact Name Prefix Ms First Name Kathy Middle Name 0 Last Name Brann Suffix 0 Title Economic & Housing Director ESG Contact Address Street Address 1 290 N D Street Street Address 2 0 City San Bernardino State CA ZIP Code 92418- Phone Number 9093847257 Extension 0 Fax Number 0 Email Address brann_ka@sbcity.org ESG Secondary Contact Prefix Ms First Name Gretel Last Name Noble Suffix 0 Title Housing Manager Phone Number 9093847270 Extension 0 Email Address Noble_gr@sbcity.org 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2017 Program Year End Date 06/30/2018 CAPER 25 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 404 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY City: San Bernardino State: CA Zip Code: 92408, 2607 DUNS Number: 144663296 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 53750 Subrecipient or Contractor Name: Lutheran Social Services of Southern California City: Riverside State: CA Zip Code: 92503, 4238 DUNS Number: 198953929 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 62000 Subrecipient or Contractor Name: TIME FOR CHANGE FOUNDATION City: San Bernardino State: CA Zip Code: 92404, 4653 DUNS Number: 140719928 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 89148 Subrecipient or Contractor Name: Step Up on Second City: San Bernardino State: CA Zip Code: 92408, 1016 DUNS Number: 362990244 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 204899 CAPER 26 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 405 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 142 Children 128 Don't Know/Refused/Other 0 Missing Information 0 Total 270 Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities Number of Persons in Households Total Adults 12 Children 12 Don't Know/Refused/Other 0 Missing Information 0 Total 24 Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 342 Children 23 Don't Know/Refused/Other 0 Missing Information 0 Total 365 Table 18 – Shelter Information CAPER 27 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 406 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CAPER 28 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 407 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 4d. Street Outreach Number of Persons in Households Total Adults 228 Children 44 Don't Know/Refused/Other 0 Missing Information 0 Total 272 Table 19 – Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 431 Children 163 Don't Know/Refused/Other 0 Missing Information 0 Total 594 Table 20 – Household Information for Persons Served with ESG 5. Gender—Complete for All Activities Total Male 460 Female 222 Transgender 0 Don't Know/Refused/Other 0 Missing Information 0 Total 682 Table 21 – Gender Information CAPER 29 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 408 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 6. Age—Complete for All Activities Total Under 18 163 18-24 39 25 and over 484 Don't Know/Refused/Other 0 Missing Information 0 Total 686 Table 22 – Age Information 7. Special Populations Served—Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Served – Prevention Total Persons Served – RRH Total Persons Served in Emergency Shelters Veterans 31 0 0 31 Victims of Domestic Violence 42 0 0 42 Elderly 47 0 0 47 HIV/AIDS 8 0 0 8 Chronically Homeless 99 0 0 99 Persons with Disabilities: Severely Mentally Ill 158 0 0 158 Chronic Substance Abuse 84 0 0 84 Other Disability 91 0 0 91 Total (Unduplicated if possible) 347 0 0 347 Table 23 – Special Population Served CAPER 30 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 409 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed-nights available 75 Total Number of bed-nights provided 60 Capacity Utilization 80.00% Table 24 – Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) CAPER 31 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 410 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and CR-75 – Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Dollar Amount of Expenditures in Program Year 2015 2016 2017 Expenditures for Rental Assistance 64,051 13,315 38,018 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 64,051 13,315 38,018 Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing Dollar Amount of Expenditures in Program Year 2015 2016 2017 Expenditures for Rental Assistance 142,934 13,315 18,979 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re-Housing 142,934 13,315 18,979 Table 26 – ESG Expenditures for Rapid Re-Housing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2015 2016 2017 Essential Services 64,130 20,000 15,704 Operations 0 0 49,968 Renovation 0 0 0 CAPER 32 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 411 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 64,130 20,000 65,672 Table 27 – ESG Expenditures for Emergency Shelter 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2015 2016 2017 Street Outreach 9,737 20,000 60,224 HMIS 0 0 20,305 Administration 0 0 11,689 Table 28 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2015 2016 2017 562,369 280,852 66,630 214,887 Table 29 - Total ESG Funds Expended 11f. Match Source 2015 2016 2017 Other Non-ESG HUD Funds 0 0 0 Other Federal Funds 0 0 139,604 State Government 0 0 53,750 Local Government 0 0 177,933 Private Funds 280,970 66,630 0 CAPER 33 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 412 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and Other 0 0 66,500 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 280,970 66,630 437,787 Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total Total Amount of Funds Expended on ESG Activities 2015 2016 2017 1,347,756 561,822 133,260 652,674 Table 31 - Total Amount of Funds Expended on ESG Activities CAPER 34 OMB Control No: 2506-0117 (exp. 06/30/2018) 21.c Packet Pg. 413 Attachment: EHD.CAPER IDIS - Attachment 2 (5748 : Authorize the Submittal of the FY 2017/18 Consolidated Annual Performance and 22.a Packet Pg. 414 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.Staff Report_ (5749 : Development Permit Type-P 18-01) side of Highland Avenue on the north, the west side of D Street on the west, east side of Waterman Avenue on the east, the north side of Baseline Street on the south. The intent of the Adaptive Reuse Overlay is to allow for the reuse of existing buildings within the City that have been underutilized. With advancements in digital technology the need for traditional office space has become less necessary, and many office buildings are now struggling to maintain occupancy. Allowing the reuse of underutilized commercial office buildings within strategic areas will help revitalize areas of the City that have become blighted from a lack of consistent use or occupancy and will assist in meeting the City’s State mandated housing requirements. Adaptive Reuse projects are permitted within the Adaptive Reuse (AR) Overlay subject to the approval of a Development Permit application by the Mayor and City Council. On June 12, 2018, the Planning Commission unanimously adopted Resolution No. 2018-027 forwarding a recommendation that the Mayor and City Council: 1. Approve a Categorical Exemption; and 2. Approve Development Permit Type-P 18-01, based on the Findings of Fact and subject to the recommended Conditions of Approval. Project Description Pursuant to the requirements of Chapter 19.19B (Adaptive Reuse Overlay District) and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of Development Permit Type-P 18-01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units. The first floor of the proposed residential apartment complex contains a total of nine (9) units, in which there will be two (2) 2-bedroom units and seven (7) 1-bedroom units. The second floor contains the remaining six (6) units with one (1) 2-bedroom unit and five (5) 1-bedroom units. Site Design The existing site will be modified to include additional landscaping and shared open space for future residents. A trash enclosure will be modified to meet ADA accessibility requirements. Additionally, a small equipment playground area is proposed to accommodate residents with young children. Architecture The existing out dated architecture will be modernized by adding window frames and shutters to incorporate residential character for the building. New paint and landscaping will be used to refresh the building and enhance overall project site. 9/14/2018 8:53 AM 22.a Packet Pg. 415 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.Staff Report_ (5749 : Development Permit Type-P 18-01) Access, Circulation, and Traffic The site will be accessed from one (1) two-way driveway fronting 16th Street and an alley way fronting Arrowhead Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the off-street parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has determined that a Traffic Analysis is not required for the proposed residential apartment complex. Parking A total of twenty-five (25) parking spaces will be provided which exceeds the eighteen (18) parking spaces required pursuant to the newly adopted Adaptive Reuse standards. It should be noted that the alleyway between 16th Street and 17th Street will be marked as a “tow-away” zone to prevent vehicles from blocking access to the alley, as many of the residents on 17th Street use the alley for primary vehicular access. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: • Land Use Element Policy 2.2.1 – Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods. • Land Use Element Goal 2.4 – Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. • Land Use Element Policy 2.8.1 – Ensure that all structures comply with seismic safety provisions and building codes. • Housing Element Policy 3.1.1 – Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones. • Housing Element Policy 3.2.4 – Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties. • Housing Element Policy 3.4.1 – Provide regulatory environment in which housing opportunities are available for all persons. • Housing Element Policy 3.5.4 – Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. • Housing Element Policy 3.6.2 – Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. • Community Design Element Policy 5.6.4 – Provide usable common space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards, balconies, patios, terraces, and enclosed play areas. 9/14/2018 8:53 AM 22.a Packet Pg. 416 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.Staff Report_ (5749 : Development Permit Type-P 18-01) • Community Design Element Policy 5.6.5 – Provide convenient access from multi-family development to nearby commercial centers, schools, and transit stops. • Safety Element Policy 10.5.4 – Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination of waterways. With respect to the proposal, the applicant will develop the subject property in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Through this proposal, the existing property will be transformed from an underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code and General Plan requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. Additionally, the City will be able to meet the General Plan goals as listed above, and the requirements of Development Code Chapter 19.19B (Adaptive Reuse Overlay). California Environmental Quality Act (CEQA) The Planning Division conducted an environmental evaluation in connection with the proposed project and concluded that Development Permit Type-P 18-01 is found exempt under Section 15301 (Existing Facilities) of CEQA. Section 15301 covers projects characterized as existing facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination and meeting the conditions contained within Section 15301. Development Permit Type-P 18-01 has been found to be Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines due to the fact that: 1) the project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning district and regulations; 2) the proposed development involves negligible or no expansion of an existing use; 3) Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no additional potential significant environmental impacts that may result from the proposed request to allow the conversion of an existing commercial office building into a residential apartment complex comprised of fifteen (15) dwelling units. 2018-2019 Goals and Objectives The proposed Arrowhead Avenue Adaptive Reuse project aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City (b) Support a wide range of housing types and levels of affordability: as the proposed fifteen (15) unit apartment complex will help the City meet its State mandated housing requirements, will be consistent with the surrounding multi-family and single-family residential uses, and provides for market rate housing stock that is affordable and currently underserved, specifically housing for single individuals, married couples, young families, and retired individuals who are no longer raising a family. 9/14/2018 8:53 AM 22.a Packet Pg. 417 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.Staff Report_ (5749 : Development Permit Type-P 18-01) Fiscal Impacts A Pro Forma analysis was prepared by the applicant for the proposed project, pursuant to the requirements of the Adaptive Reuse Overlay. Approximately $1.2 million dollars will be invested for property upgrades and the improvements necessary to convert the fifteen (15) office units into fifteen (15) residential units. The subject property has languished from lack of use for at least the past fifteen (15) years in that only nine (9) of the existing fifteen (15) office units have had an active Business License within that timeframe. Of those Business Licenses, only two (2) have been active for more than one (1) year, and as Business Licenses are issued for a one (1) year period, it is difficult to determine whether those businesses were ever operational. At this time, there is only one (1) active Business License which has been active since 2016. However, this business has not actually operated since it was purchased in October of 2017. Development impact fees associated with the project will be approximately $120,000. City services will be provided to this project similar to other multi-family residential projects in the City and surrounding area. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-261 of the Mayor and City Council of the City of San Bernardino, California, approving a Development Permit Type-P 18-01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and, finding the project subject to a Categorical Exempt under the California Environmental Quality Act. Attachments Attachment 1 Resolution No. 2018-261 Attachment 2 Planning Commission Resolution No. 2018-027 Attachment 3 Planning Commission Staff Report, dated June 12, 2018 Ward: 2 Synopsis of Previous Council Actions: None 9/14/2018 8:53 AM 22.a Packet Pg. 418 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.Staff Report_ (5749 : Development Permit Type-P 18-01) RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on January 24, 2018, pursuant to the requirements of Chapter 19.42 and Chapter 19.44 of the City of San Bernardino Development Code, an application for Development Permit Type-P 18-01 was duly submitted by: Property Owner/Applicant: Ocean Investment Group, LLC P.O. Box 1073 San Clemente, CA 92674 Parcel Address: 1600 N. Arrowhead Avenue APN: 0145-132-27 Lot Area: 0.52 acres WHEREAS, Development Permit Type-P 18-01 is a request to allow the conversion of an existing commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.52 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-P 18-01 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department has evaluated Development Permit Type-P 18-01 and determined that it is exempt from CEQA pursuant to a Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that Categorical Exemption is not barred by one of the exemptions set forth in CEQA Guidelines Section 15300.2; and WHEREAS, on April 25, 2018, pursuant to the requirements of Chapter 19.44 of the City of San Bernardino Development Code, the Development and Environmental Review 1 22.b Packet Pg. 419 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Committee reviewed the application, and moved Development Permit Type-P 18-01 and Categorical Exemption to the Planning Commission for consideration; and WHEREAS, on April 27, 2018, pursuant to the requirements Section 19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners within 500 feet of the subject property of the holding of a public hearing at which Development Permit Type-P 18-01 and Categorical Exemption would be considered; and WHEREAS, on May 8, 2018, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 18 -01 and Categorical Exemption, and at which meeting the Planning Commission continued the consideration on Development Permit Type- P 18 -01 and the Categorical Exemption to their next regularly scheduled meeting on June 12, 2018; and WHEREAS, on June 12, 2018, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 18-01 and Categorical Exemption, and at which meeting the Planning Commission considered Development Permit Type-P 18 -01 and Categorical Exemption; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-027 recommending to the Mayor and City Council the approval of Development Permit Type-P 18-01 and Categorical Exemption; and WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on September 7, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52. 2 22.b Packet Pg. 420 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 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, pursuant to the requirements of Chapter 19.44 and Chapter 19.52 of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Development Permit Type-P 18-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Permit Type-P 18-01 Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Development Code, including prescribed development/site standards and any/all applicable design guidelines. Finding of Fact: The proposed development is located within the Adaptive Reuse (AR) Overlay, which allows for the conversion of office buildings for residential purposes, and Conditions of Approval will be applied to the proposed project to ensure that the project will meet the necessary development standards and design guidelines. Finding No. 2: The proposed development is consistent with the General Plan. Finding of Fact: General Plan Land Use Element Goal 2.4 – “Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.” General Plan Housing Element Policy 3.1.1 – “Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones.” 3 22.b Packet Pg. 421 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan Housing Element Policy 3.2.4 – “Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties.” General Plan Housing Element Policy 3.5.4 – “Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs.” General Plan Housing Element Policy 3.6.2 – “Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions.” General Plan Community Design Element Policy 5.6.4 – “Provide usable common space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards, balconies, patios, terraces, and enclosed play areas.” General Plan Community Design Element Policy 5.6.5 – “Provide convenient access from multi-family development to nearby commercial centers, schools, and transit stops.” General Plan Safety Element Policy 10.5.4 – “Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination of waterways.” The proposed project is located near commercial centers, schools, and transit stops, will reduce greenhouse gas emissions associated with new development, will increase the housing stock and provide a an additional housing type, and allow for the revitalization and reuse of a 4 22.b Packet Pg. 422 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 building that has been vacant for approximately five (5) years. Therefore, the proposed project is consistent with the General plan. Finding No. 3: The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property. Finding of Fact: The proposed project is located within a mix of existing multi-family and single-family developments and will be harmonious and compatible with those uses and the surrounding area. Finding No. 4: The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact: In accordance with Section 15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Development Permit Type-P 18-01 for the conversion of an existing office building to a fifteen (15) unit apartment complex. The Planning Division staff has analyzed proposed Development Permit Type-P 18-01 and has determined that it is Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines and Conditions of Approval will be imposed to alleviate potential impacts. Therefore, the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030 of the Development Code. Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with Section 15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development 5 22.b Packet Pg. 423 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department evaluated Development Permit Type-P 18-01 for the development of a conversion of an existing office building to a fifteen (15) unit apartment complex and determined that the proposed project is Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Additionally, Conditions of Approval will be imposed to alleviate potential impacts. Therefore, the proposed conversion of an existing office building to a fifteen (15) unit apartment complex will be completed in a manner so that it is consistent with the surrounding neighborhood, and no significant negative impacts on the environment are anticipated. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed development of a conversion of an existing office building to a fifteen (15) unit apartment complex will be converted in a manner consistent with the standards and guidelines contained in the Adaptive Reuse (AR) Overlay Chapter of the City of San Bernardino Development Code and will be consistent with the density and intensity and the surrounding neighborhood and is therefore, suitable for the type and density/intensity of uses being proposed. Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed development of a mixed use commercial-residential development. The existing building is already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed conversion of an existing office building to a fifteen (15) unit apartment 6 22.b Packet Pg. 424 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complex under Development Permit Type-P 18-01 will not be detrimental to public services or public health and safety. Finding No. 8: The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City or the surrounding area as it is located adjacent to mix of existing multi-family and single- family developments, several schools, transit stops, and commercial centers, and will increase the City’s housing stock while decreasing the amount of greenhouse gas emissions that would typically be generated by new development projects. The proposed project will also revitalize and reoccupy a building that has been vacant for approximately five (5) years. SECTION 3. Compliance with the California Environmental Quality Act. As the decision making body for Development Permit Type-D 18-01, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Permit Type-D 18-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and (2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines; and (3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and 7 22.b Packet Pg. 425 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. SECTION 4. Notice of Exemption. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 5. – Conditions of Approval. Development Permit Type-P 18-01 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the conversion of an existing commercial office building into a residential apartment complex containing approximately 11,305 square feet comprised of fifteen (15) dwelling units, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APNs: 0145-132-27) within the Commercial Office (CO) Zone and the Adaptive Reuse (AR) Overlay. 2. The project site shall be developed in a manner consistent with the plans stamped September 19, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plans and exterior elevations on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 8 22.b Packet Pg. 426 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXPIRATION DATE: September 19, 2020 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 6. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the property to ensure compliance with the Conditions of Approval and the Crime-Free Rental Housing Program to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. 9 22.b Packet Pg. 427 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The property must comply with all conditions of approval and the Crime-Free Rental Housing Program pursuant to the City of San Bernardino Municipal Code §15.27 (Crime-Free Rental Housing Program). 8. At least two 24-hour time lapse security cameras shall be installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the Police Department. 9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 10. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 11. The project landscape plans shall be prepared in accordance with Development Code Section 19.28.120, Water Efficient Landscaping Standards. 12. The project shall comply with all applicable requirements of the Building and Safety Division, the San Bernardino County Consolidated Fire District, Police Department, Municipal Water Department, Public Services Department and the City Clerk’s Office/Business Registration Division. 13. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. 10 22.b Packet Pg. 428 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 15. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 16. All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 18. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Land Development Division 19. Drainage and Flood Control a) The development is located within Zone X of the Federal Insurance Rate Maps on booklet #7945 with year 08/28/2008. b) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. c) If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. 11 22.b Packet Pg. 429 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 20. Grading and Landscaping e) The on-site improvement plan shall be signed by a Registered Civil Engineer. The on-site plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. f) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. h) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel with modification to provide ADA access (For Housing Unit or Apt). The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. i) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on- 12 22.b Packet Pg. 430 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. k) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. l) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. m) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. n) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement or pavement marking. 13 22.b Packet Pg. 431 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. p) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. 21. Utilities q) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). r) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. s) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. t) Utility services shall be placed underground and easements provided as required. u) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). Public Works Department 22. Street Improvement and Dedications (if required, a Traffic Report may increase and extend these requirements) v) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street 14 22.b Packet Pg. 432 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Arrowhead Avenue (145-132-27) 41.25 Existing (2.75’ Future dedication for a 44’ from centerline) Because of existing fences. 33’ Existing at ultimate 16th Street (145-132-27) 40’ No Dedication at ultimate 25’ Existing at ultimate w) Arrowhead Avenue: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The Alley shall be paved from Arrowhead Avenue to west end of parking lot, and shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. iii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the site are in poor condition or do not comply with ADA Requirements, the curb & gutter, sidewalk, and/or driveway shall be removed and reconstructed in accordance to City Standards. iv) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88. v) Street Light System shall be replaced in accordance with City Standard Nos. SL-1, SL-2, and SL-3. (change to LED Head) x) 16th Street: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic 15 22.b Packet Pg. 433 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the site are in poor condition or do not comply with ADA Requirements, the curb & gutter, sidewalk, and/or driveway shall be removed and reconstructed in accordance to City Standards. y) An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. z) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. aa) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. 23. Required Engineering Plans bb) A complete submittal for plan checking shall consist of: street improvement plans (may include street lights or street lighting may be separate plan), sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to SBMWD), storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), traffic signal plans (if needed), signing and striping plan (may be on sheets included in street improvement plan), lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, 16 22.b Packet Pg. 434 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 water plans (shall be submitted to San Bernardino Municipal Water Department), other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) cc) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. Conditions of the project shall be inserted in the plans. dd) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. ee) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org 24. Required Engineering Permits ff) Grading permit. gg) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. hh) Off-site improvement construction permit. 25. Applicable Engineering Fees ii) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 17 22.b Packet Pg. 435 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jj) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org 26. Traffic Requirements kk) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. Building and Safety Division 27. Refer to Section 105 Permits for all required permits of the California Building Code 2016. 28. Address the requirements of the California Green Code 2016 for all debris, and check the VOC forms per code. 29. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 30. The formal submittal of plans to the Building Department shall include all required documents. 31. Building plans shall be submitted separately to the Building & Safety Division, and the San Bernardino County Consolidated Fire District. Plans must illustrate the location of all existing hydrants. 32. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements. 33. A Soil Report will be requested at the time of submittal. San Bernardino County Consolidated Fire District 18 22.b Packet Pg. 436 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. The plans shall comply with all current Building, Fire Codes and Fire Department standard requirements based on occupancy classification. 35. Any changes to this proposal shall require new Fire Department condition letter. 36. Any changes to the approved life safety system shall require plans to be submitted to the FD prior to construction including the following; (Fire Sprinklers, Fire Alarms, Underground water supply for fire protection, Cooking appliances & Hood protections). 37. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be submitted to the FD prior to construction. PER CFC 903.2.1.1 38. Knox Box/Key Box is required, and shall be provided and installed in accordance with CFC & Fire Department Standard. 39. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 40. Provide a complete on-site fire protection plan to the FD which indicates the location of all required fire protection appliances (FDC’s, PIV’s, DDC’s, proposed and existing fire hydrants, etc.). 41. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and property. Walk-thru gates will be required on Arrowhead Avenue to ensure Fire Department access if property is fenced. 42. All access gates shall require mechanical means for opening in event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Knox Box lock actuation devices. 43. Provide the following FD notes on the site utility plan: 19 22.b Packet Pg. 437 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • A separate permit is required by the Fire Department for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. • Paint curbs red, 15’ to either side of fire hydrant and FDC. • Fire Department Connection required within 50 feet of a hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 44. Premise and building identification and addressing shall be a minimum of 12 inch in height. Single-family home addresses shall be a minimum of 4 inches in height and shall be internally illuminated during the hours of darkness. 45. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered buildings requires a separate submittal to the San Bernardino County Consolidated Fire District. 46. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing and size. 47. All exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. /// /// /// /// /// /// /// /// 20 22.b Packet Pg. 438 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 21 22.b Packet Pg. 439 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 22 22.b Packet Pg. 440 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A DEVELOPMENT PERMIT TYPE-P 18-01 TO ALLOW THE CONVERSION OF AN EXISTING TWO-STORY COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APN: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A APPROVED PLANS 23 22.b Packet Pg. 441 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution (5749 : Development Permit Type-P 18- EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueT-1NOTE:CONSTRUCTION FOR WORK FOR WHICH A PERMIT ISREQUIRED SHALL BE SUBJECT TO INSPECTION BY THEBUILDING OFFICIAL AND SUCH CONSTRUCTION OR WORKSHALL REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTIONPURPOSES UNTIL APPROVED. APPROVAL AS A RESULT OF ANINSPECTION SHALL NOT BE CONSTRUED TO BE AN APPROVALOF A VIOLATION OF THE PROVISIONS OF THE JURISDICTIONCODE OR OF OTHER ORDINANCES OF THE JURISDICTION.INSPECTIONS PRESUMING TO GIVE AUTHORITY TO VIOLATEOR CANCEL THE PROVISIONS OF THE JURISDICTION CODE OROF OTHER ORDINANCES OF THE JURISDICTION SHALL NOT BEVALID. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TOCAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSEDFOR INSPECTION PURPOSES. NEITHER THE BUILDINGOFFICIAL NOR THE JURISDICTION SHALL BE LIABLE FOREXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OFANY MATERIAL REQUIRED TO ALLOW INSPECTIONS.22.cPacket Pg. 442Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5749 : Development Permit Type-P 18-01) EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueA-122.cPacket Pg. 443Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5749 : Development Permit Type-P 18-01) EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueA-222.cPacket Pg. 444Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5749 : Development Permit Type-P 18-01) 22.c Packet Pg. 445 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5749 : Development Permit 22.d Packet Pg. 446 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 447 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 448 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 449 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue 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CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 457 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 458 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 459 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 460 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 461 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.d Packet Pg. 462 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : 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18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5749 : Development Permit Type-P 22.e Packet Pg. 470 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 471 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 472 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 473 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 474 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 475 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 476 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 477 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 478 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 479 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 480 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 481 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 482 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 483 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 484 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 485 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 486 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 487 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 488 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 489 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 490 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 491 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 492 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 493 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 494 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 495 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 496 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 497 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 498 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 499 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 500 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 501 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 502 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 503 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 22.e Packet Pg. 504 Attachment: CD.Development Permit Type-P 18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5749 : Development Permit Type-P 18-01) 23.a Packet Pg. 505 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 3, 2018. Background The proposed Wier Road Villa Community Project will be located on an undeveloped site located on the northeast corner of S. Waterman Avenue and Wier Road. Attachment 1 is a Vicinity Map showing the location of the proposed project. The proposed General Plan Amendment and Zone Change from General Commercial to Multi-Family Residential will make the subject site and proposed development consistent with the adjacent multi-family residential uses along Wier Road. The project will also help the City meet its State mandated housing requirements and will benefit the commercial uses in the area by increasing the number of potential patrons to those existing commercial uses and services. On July 24, 2018, the Planning Commission unanimously adopted Resolution No. 2018- 040 forwarding a recommendation that the Mayor and City Council: 1) Adopt a Mitigated Negative Declaration; and 2) Approve General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06, and Variance 18-01 based on the Findings of Fact and subject to the recommended Conditions of Approval. Project Description Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendment), Chapter 19.44 (Development Permits), Chapter 19.72 (Variances) and Section 19.04.030(L) (Residential Zones – Multi-Family Housing Standards) of the City of San Bernardino Development Code, the applicant is requesting the approval of: 1) General Plan Amendment 16-06 to change the General Plan Land Use Designation of four (4) parcels containing a total of approximately 2.25 acres from Commercial to Multi-Family Residential; and 2) Development Code Amendment (Zoning Map Amendment) 16-07 to change the Zoning District Classification of four (4) parcels containing a total of approximately 2.25 acres from Commercial General (CG-1) to Residential Medium High (RMH); and 3) Development Permit Type-P 16-06 to allow the development of an eighty-four (84) unit apartment complex, along with the construction of the required on-site and off-site improvements, on a project site comprised of five (5) parcels containing a total of approximately 2.81 acres; and 9/14/2018 9:21 AM 23.a Packet Pg. 506 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment 4) Variance 18-01 to allow a seventeen (17%) percent reduction in the number of required parking spaces from 155 to 128 and the increase of the maximum distance requirement between the residential units and the parking spaces from 150 feet to 250 feet. General Plan Amendment/Development Code Amendment (Zone Change) The proposed project has been designed to comply with the Residential Medium High development standards of the City of San Bernardino Development Code. The project site is currently located within the Commercial General (CG-1) zone, which does not permit the proposed use as an “apartment complex.“ Therefore, the applicant is requesting to change the Zoning District Classification from Commercial (CG-1) to Residential Medium High (RMH) in order to allow this use subject to the approval of a Development Permit. The intent of the Commercial General (CG-1) and Residential Medium High (RMH) zoning designations is described as follows, pursuant to Chapter 19.04 (Residential Zones) and Chapter 19.06 (Commercial Zones) of the City of San Bernardino Development Code: CG-1 (COMMERCIAL GENERAL) ZONE RMH (RESIDENTIAL MEDIUM HIGH) ZONE This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density (12 units per net acre). Lots less than 14,400 square feet shall be developed at RU density (8 units per net acre). Because the subject property is located in an area surrounded by other multi-family residential developments offering a similar range of housing densities and is directly abutting properties within the Residential Medium High (RMH) zone, the proposed zone change will be in keeping with the existing zoning within the area. The proposed eighty- four (84) unit apartment complex will also be well served by a wide range of commercial uses along Redlands Boulevard and the Tri-City area along Hospitality Lane, the largest commercial corridor within the City. The change of the General Plan Land Use Designation and Zoning District Classification and construction of a market rate multi-family residential complex will help the City meet the housing needs required by the State, serve an increasing population and the increased housing demand by staff and patients at Loma Linda University Hospital. Additionally, the increase in residents will help support the existing commercial uses in the area, such as Costco, Sam’s Club, Aldi, Petsmart, etc., as well as several fitness centers, gas stations, offices, and restaurants within a two (2) mile radius of the project site. 9/14/2018 9:21 AM 23.a Packet Pg. 507 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment Site Considerations The proposed project is located within the Alquist Priolo Earthquake Fault Zone and contains fault lines that were identified and analyzed in the Geotechnical Report prepared for the proposed development as required by the Alquist Priolo Earthquake Fault Zoning Act. Due to the presence of fault lines on the property, the Geotechnical Report required that structures intended for human habitation should be located no closer than fifteen (15) feet from the identified fault lines. However, the City of San Bernardino General Plan and Section 19.20(6) (Property Development Standards – Environmental Resources/Constraints) of the City’s Development Code prohibit the construction of structures intended for human habitation within fifty (50) feet of an active fault line. As a result, the proposed project had to be designed in such a manner to keep habitable structures away from the fault lines. Thus, the required number of parking spaces and the distance requirement from the residential units to the parking spaces could no longer be met, which is the basis of the Variance request. Site Design/Architecture The proposed project consists of the development of two (2) three-story buildings with a total of eighty-four (84) residential units and a single-story clubhouse on an undeveloped/underutilized rectangular shaped vacant site. The project also proposes a large swimming pool amenity. The residential buildings and clubhouse will have a contemporary design with distinctly Mediterranean features. The building design will also utilize fluctuating roof lines, stucco treatment, arches used throughout, and protected private terraces. Furthermore, the project proposes large landscaped areas surrounding the structures. Access The primary access is proposed from Wier Road, and additional emergency access will be provided from S. Waterman Avenue using a rolled curb and a long fire access road through the middle of the site as approved by the San Bernardino County Consolidated Fire District. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. On-site vehicular circulation and trash/refuse services will be able to adequately access and circulate through the site via Wier Road. Pursuant to Section 19.24.060(7) (Location of Required Parking Spaces) of the City of San Bernardino Development Code, parking spaces must be located within 150 feet from the dwelling units. Due to site constraints imposed by the existence of active fault lines on the project site, the structures had to be moved to the western side of the property and the parking area had to be located in the area where the fault lines have been identified, which is approximately 250 feet from the farthest dwelling units. Parking Reduction Pursuant to Section 19.24.040 (Parking Standards – Number of Parking Spaces Required), a total of 155 parking spaces is required for the proposed project which is 9/14/2018 9:21 AM 23.a Packet Pg. 508 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment comprised of sixty (60) one-bedroom units and twenty-four (24) two-bedroom units. Because the site had to be significantly redesigned due to the presence of active fault lines and in order to meet Fire Department emergency access, the area remaining for the required parking spaces was limited to where only 128 parking spaces could be adequately provided. To address this parking reduction, the applicant will be assigning one (1) parking space for each bedroom within the apartment complex. This translates into a total of 108 parking spaces. The remaining 20 parking spaces will be utilized for ADA parking compliance and guest parking. To further address the parking reduction, the proposed project will provide an area for Omnitrans to construct a bus stop and shelter along S. Waterman Avenue adjacent to the project, which will provide residents with a convenient transportation alternative. Omnitrans has received and is pleased with the response to their request and will work with the project applicant to ensure the correct dimensions and appropriate location of these improvements. Traffic A Traffic Scoping form was prepared to assess the number of vehicle trips generated by the proposed project. The City’s Traffic Engineering Division has determined that there would be no need for a Traffic Analysis for the proposed development because the total number of vehicle trips generated will be below the thresholds of 50 a.m. vehicle trips (7:00 a.m. to 9:00 a.m.) and 50 p.m. vehicle trips (4:00 p.m. to 6:00 p.m.). The Traffic Scoping form identified a total of 30 a.m. vehicle trips and a total of 37 p.m. vehicle trips. Additionally, appropriate traffic related mitigation measures (traffic impact fees and off- site improvements) through the Conditions of Approval have been included as recommended by the Initial Study/Mitigated Negative Declaration. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: • Minimize the risk to life and property through the identification of potentially hazardous areas, establishment of proper construction design criteria, and provision of public information. • Require geologic and geotechnical investigations for new development in areas adjacent to known fault locations and approximate fault locations as part of the environmental and/or development review process and enforce structural setbacks from faults identified through those investigations. • Enforce the requirements of the California Seismic Hazards Mapping and Alquist-Priolo Earthquake Fault Zoning Acts when siting, evaluating, and constructing new projects within the City. • Support the efforts of regional, state, and federal agencies to provide additional local and express bus service in the City. • Consider the provision of incentives, such as reduced parking standards and density/intensity bonuses to those projects near transit stops that include transit- friendly uses such as child care, convenience retail, and housing. 9/14/2018 9:21 AM 23.a Packet Pg. 509 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment • Ensure that multi-family housing is attractively designed and scaled to contribute to the neighborhood and provide visual interest through varied architectural detailing. • Promote development that is compact, pedestrian-friendly, and served by a variety of transportation options along major corridors and in key activity areas. With respect to the proposal, the applicant will develop the subject property in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. The presence of site constraints caused by the existing fault lines on the subject property required the redesign of the site utilizing creative design techniques and consideration of parking reduction and density bonus to achieve a high quality development that will be served by variety of transportation options. Through this proposal, the existing property will be transformed from a vacant underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code and General Plan requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. California Environmental Quality Act Process In accordance with Section 15063 of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative Declaration prepared in connection with General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16-06 and Variance 18-01 (Attachment 4). Accordingly, pursuant to Section 15072 of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted on April 17, 2018 for the CEQA-mandated twenty (20) day public review and comment period. During the twenty (20) day public review period, the only comments received were from Omnitrans. 2018-2019 Goals and Objectives The proposed Wier Road Villa Community project aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City as the proposed eighty-four (84) unit apartment complex will help the City meet its State mandated housing requirements, will be consistent with the surrounding multi-family residential uses, and will benefit the commercial uses in the area by increasing the number of potential patrons to those existing commercial uses and services. Fiscal Impact Development impact fees associated with the project will be approximately $1,005,000. City services will be provided to this project similar to other multi-family residential projects in the City and surrounding area. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 9/14/2018 9:21 AM 23.a Packet Pg. 510 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment 1) Adopt Resolution No. 2018-262 adopting the Mitigated Negative Declaration and approving General Plan Amendment 16-06 to change the General Plan Land Use Designation from Commercial to Multi-Family Residential on four (4) parcels (APN: 0141-352-10, 11, 12 and 13) containing a total of approximately 2.25 acres (Attachment 1); and 2) Introduce for first reading, Ordinance No. MC-1505 adopting the Mitigated Negative Declaration and approving Development Code Amendment (Zoning Map Amendment) 16-07 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium High (RMH) on four (4) parcels (APN: 0141-352-10, 11, 12 and 13) containing a total of approximately 2.25 acres (Attachment 2); and 3) Adopt Resolution No. 2018-263 adopting the Mitigated Negative Declaration, and approving Development Permit Type-P 16-06 to allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to allow the reduction of the required parking spaces from 155 to 128 and the increase of the maximum distance requirement between the residential units and the parking spaces from 150 feet to 250 feet on a project site comprised of five (5) parcels (APN: 0141-352-09, 10, 11, 12 and 13) containing a total of approximately 2.81 acres located at the northeast corner of S. Waterman Avenue and Wier Road (Attachment 3); and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 3, 2018. Attachments Attachment 1 Vicinity Map Attachment 2 Resolution No. 2018-262 (Approving General Plan Amendment 16- 06) Attachment 3 Ordinance No. MC-1505 (Approving Development Code Amendment/Zoning Map Amendment 16-07) Attachment 4 Resolution No. 2018-263 (Approving Development Permit Type-P 16-06 and Variance 18-01) Attachment 5 Initial Study/Mitigated Negative Declaration, dated March 2018 Attachment 6 Planning Commission Resolution No. 2018-040 Attachment 7 Planning Commission Staff Report, dated July 24, 2018 Ward: 3 Synopsis of Previous Council Actions: None 9/14/2018 9:21 AM 23.a Packet Pg. 511 Attachment: CD.GPA16-06.Wier Road Villa Community.Staff Report (5750 : General Plan Amendment 16-06, Development Code Amendment EXHIBIT “A” PROJECT: GPA 16-06 Change the General Plan Land Use Designation from Commercial to Multi-Family Residential for 2.25 acres NORTH Project Site 23.b Packet Pg. 512 Attachment: CD.GPA16-06.Wier Road Villa Community.A1.VicinityMap (5750 : General Plan Amendment 16-06, Development Code Amendment RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 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 current City of San Bernardino Development Code was initially implemented in 1991; and WHEREAS, on July 24, 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 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on September 8, 2018. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – General Plan Amendment 16-06: Finding No. 1: The proposed amendment is internally consistent with the General Plan. Finding of Fact: The proposed amendment will result in a change of the existing General Plan Land Use Designation of four (4) parcels from Commercial to Multi-Family Residential. The Multi-Family Residential Land Use Designation offers a wide range of housing densities and products to meet the demand of current and future residents with equally varying lifestyles. The change in land use/zoning would allow the development of an eighty-four (84) unit apartment complex, which is consistent with 1 23.c Packet Pg. 513 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the residential uses and densities in the project vicinity, located to the north and south of the project site. The project is also consistent with the following General Plan Goals and Policies: General Plan Community Design Element Goal 5.6: Ensure that multi- family housing is attractively designed and scaled to contribute to the neighborhood and provide visual interest through varied architectural detailing. General Plan Land Use Element 2.3.2: Promote development that is compact, pedestrian-friendly, and served by a variety of transportation options along major corridors and in key activity areas. The proposed change to the General Plan Land Use Designation from Commercial to Multi-Family Residential will capitalize on this area of the City’s proximity to Loma Linda University and has been designed to accommodate working professionals in the region while providing transportation options and will improve the City’s housing requirements. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: Any potential impacts created by the proposed amendment have been addressed in the Initial Study and appropriate mitigation measures have been identified by the Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. 2 23.c Packet Pg. 514 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: The proposed amendment would change the General Plan Land Use Designation to allow a residential development on a site adjacent to and directly abutting other large parcels of land designated for multi-family use 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 parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact: The project site is currently comprised of five (5) parcels that will be generally flat with direct access at one (1) location along Wier Road, and one (1) point of emergency access from S. Waterman Avenue. Utilities are available directly from both S. Waterman Avenue and Wier Road. An eighty-four (84) unit apartment complex is proposed on the site. The site is sufficient in size to meet loading and landscaping requirements. Existing fault lines on the site required a redesign of the project and the parking requirement cannot be met, but the General Plan encourages reduced parking and density bonuses for projects providing housing located near transit stops, and will alleviate the physical constraints on the site due to the existing fault lines. 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 Mitigation Monitoring and Reporting Program and written and oral testimony, and having exercised their independent judgment, find 3 23.c Packet Pg. 515 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that General Plan Amendment 16-06 will have no significant adverse effect on the environment with the adoption of the Mitigated Negative Declaration and approval 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 General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. SECTION 4. General Plan Amendment 16-06 to change the General Plan Land Use Designation from Commercial to Multi-Family Residential of four (4) parcels (APN: 0141- 352-10, 11, 12, and 13) is hereby approved and incorporated herein by reference as Exhibit A. SECTION 5. Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// 4 23.c Packet Pg. 516 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 5 23.c Packet Pg. 517 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI-FAMILY RESIDENTIAL ON FOUR (4) PARCELS (APN: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing 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:___________________________________ 6 23.c Packet Pg. 518 Attachment: CD.GPA16-06.Wier Road Villa Community.A2.Resolution 2018-262 (5750 : General Plan Amendment 16-06, Development Code ORDINANCE NO. MC-1505 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 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 current City of San Bernardino Development Code was initially implemented in 1991; and WHEREAS, on July 24, 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 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on September 8, 2018. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 16-07 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will replace the existing Zoning District Classification of four (4) parcels associated with the project from Commercial General (CG-1) to Residential Medium High (RMH). The Residential Medium High (RMH) Zone is intended for multi-family residential uses with a maximum density of 24 units per net acre. General Plan Circulation Element Goal 6.6.10: Consider the provision of incentives, such as reduced parking standards and density/intensity 1 23.d Packet Pg. 519 Attachment: CD.GPA16-06.Wier Road Villa Community.A3.Ordinance MC-1505 (5750 : General Plan Amendment 16-06, Development Code ORDINANCE NO. MC-1505 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bonuses to those projects near transit stops that include transit-friendly uses such as child care, convenience retail, and housing. The new Residential Medium High (RMH) Zone along with the density bonus for amenities and proximity to alternate transportation options will provide for the accommodation of the development of an eighty- four (84) unit apartment complex containing approximately 23,272 square feet on a site containing approximately 2.81 acres. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: Any potential impacts created by the proposed amendment have been addressed in the Initial Study and appropriate mitigation measures have been identified by the Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 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 Mitigation Monitoring and Reporting Program and written and oral testimony, and having exercised their independent judgment, find that Development Code Amendment (Zoning Map Amendment) 16-07 will have no significant adverse effect on the environment with the adoption of the Mitigated Negative Declaration and approval 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 General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. 2 23.d Packet Pg. 520 Attachment: CD.GPA16-06.Wier Road Villa Community.A3.Ordinance MC-1505 (5750 : General Plan Amendment 16-06, Development Code ORDINANCE NO. MC-1505 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Development Code Amendment (Zoning Map Amendment) 16-07 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium High (RMH) of four (4) parcels (APN: 0141-352-10, 11, 12, and 13) is hereby approved and incorporated herein by reference as Exhibit A. SECTION 5. Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// 3 23.d Packet Pg. 521 Attachment: CD.GPA16-06.Wier Road Villa Community.A3.Ordinance MC-1505 (5750 : General Plan Amendment 16-06, Development Code ORDINANCE NO. MC-1505 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby adopted this _____day of ________, 2018. ________________________________ R. Carey Davis, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By:___________________________________ 4 23.d Packet Pg. 522 Attachment: CD.GPA16-06.Wier Road Villa Community.A3.Ordinance MC-1505 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on September 14, 2016, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendment), Chapter 19.44 (Development Permits) and Section 19.04.030(L) (Residential Zones – Multi-Family Housing Standards) of the City of San Bernardino Development Code, an application for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07 and Development Permit Type-P 16-06 was duly submitted, and on January 30, 2018, pursuant to the requirements of Chapter 19.72 (Variance) of the City of San Bernardino Development Code, an application for Variance 18- 01 was duly submitted by: Property Owner(s): AHD, LP 422 Weir Road San Bernardino, CA 92408 Project Applicant: Alex Mucino 422 Weir Road San Bernardino, CA 92408 Property Address: Northeast corner of S. Waterman Avenue and Wier Road APN(S): 0141-352-09, 10, 11, 12 and 13 WHEREAS, General Plan Amendment 16-06 and Development Code/Zoning Map Amendment 16-07 is a request to allow the change of the General Plan Land Use Designation from Commercial to Multi-Family Residential and the Zoning District Classification from Commercial General (CG-1) to Residential Medium High (RMH) of four (4) parcels containing a total of approximately 2.25 acres; and WHEREAS, Development Permit Type-P 16 -06 and Variance 18-01 is a request to allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to allow the reduction of the required parking spaces from 155 to 128 and the increase of the maximum distance requirement between the residential units and the parking spaces from 150 1 23.e Packet Pg. 523 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 feet to 250 feet on a project site comprised of five (5) parcels containing a total of approximately 2.81 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16- 07, Development Permit Type-P 16 -06 and Variance 18-01 for compliance with the California Government Code, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, the Planning Division of the Community Development Department accepted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by Tom Dodson and Associates on behalf of and submitted by the applicant for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01; and WHEREAS, on April 17, 2018, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community Development Department published a Notice of Intent to Adopt a Mitigated Negative Declaration and commenced the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01; and WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01 a comment letter was submitted by Omnitrans; and WHEREAS, on May 24, 2018, the Planning Division of the Community Development Department received a letter from Tom Dodson and Associates on behalf of the 2 23.e Packet Pg. 524 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicant responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01; and WHEREAS, the Planning Division of the Community Development Department accepted the responses prepared by Tom Dodson and Associates on behalf of the applicant responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type -P 16 -06 and Variance 18-01; and WHEREAS, on May 23, 2018, pursuant to the requirements of Section 19.44.030 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration and General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01 to the Planning Commission for consideration; and WHEREAS, on July 24, 2018, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Mitigated Negative Declaration, General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type- P 16 -06 and Variance 18-01, and at which meeting, the Planning Commission considered the Mitigated Negative Declaration, General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16 -06 and Variance 18-01; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-040 forwarding a recommendation to the Mayor and City Council the 3 23.e Packet Pg. 525 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adoption of the Mitigated Negative Declaration and approval of General Plan Amendment 16- 06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type -P 16-06 and Variance 18-01; and WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on September 8, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapters 19.52, 19.44, and 19.72 of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Development Permit Type-P 16-06 and Variance 18-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Permit Type-P 16-06. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: The proposed development of an eighty-four (84) unit apartment complex is a permitted use within the Residential Medium High (RMH) Zone, subject to the approval of a Development Permit Type-P with the appropriate Conditions of Approval and CEQA determination. The proposal under Development Permit Type-P 16-06 and Variance 18-01 4 23.e Packet Pg. 526 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: General Plan Safety Element Policy 10.7.1: “Minimize the risk to life and property through the identification of potentially hazardous areas, establishment of proper construction design criteria, and provision of public information.” General Plan Safety Element Policy 10.7.2: “Require geologic and geotechnical investigations for new development in areas adjacent to known fault locations and approximate fault locations as part of the environmental and/or development review process and enforce structural setbacks from faults identified through those investigations.” General Plan Safety Element Policy 10.7.3: “Enforce the requirements of the California Seismic Hazards Mapping and Alquist-Priolo Earthquake Fault Zoning Acts when siting, evaluating, and constructing new projects within the City.” General Plan Circulation Element Policy 6.6.1: “Support the efforts of regional, state, and federal agencies to provide additional local and express bus service in the City.” General Plan Circulation Element Goal 6.6.10: “Consider the provision of incentives, such as reduced parking standards and density/intensity bonuses to those projects near transit stops that include transit-friendly uses such as child care, convenience retail, and housing.” 5 23.e Packet Pg. 527 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan Community Design Element Goal 5.6: “Ensure that multi-family housing is attractively designed and scaled to contribute to the neighborhood and provide visual interest through varied architectural detailing.” General Plan Land Use Element Policy 2.3.2: “Promote development that is compact, pedestrian-friendly, and served by a variety of transportation options along major corridors and in key activity areas.” The proposed eighty-four (84) unit apartment complex has been designed with consideration for the existing active fault lines and proximity to transit stops. With respect to the proposal, the applicant will renovate the subject property in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. The presence of site constraints caused by the existing fault lines on the subject property required creative design techniques and consideration of parking reduction and density bonus to achieve a high quality development that will be served by variety of transportation options. Through this proposal, the existing property will be transformed from an underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code and General Plan requirements and will be adequately regulated through the Conditions of Approval and Mitigation Measures in order to minimize potential impacts and will be consistent with the proposed Multi-Family Residential Land Use Designation set forth by the General Plan Land Use Map. 6 23.e Packet Pg. 528 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 3: The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed eighty-four (84) unit apartment complex will be harmonious and compatible with existing and future developments within the Residential Medium High (RMH) zone and the surrounding area. The scale and density of the proposed development is similar to that of the existing residential development in the area and it conforms to the development standards of the Residential Medium High (RMH) zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed project. Finding No. 4: The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030 of the Development Code. Finding of Fact: In accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16-06 and Variance 18-01. In accordance with §15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts. Finding No. 5: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. 7 23.e Packet Pg. 529 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: In accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit Type-P 16 -06 and Variance 18-01. In accordance with Section 15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts. Therefore, there will not be potentially significant negative impacts upon environmental quality or natural resources. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed eighty-four (84) unit apartment complex is similar to the existing uses adjacent to and directly abutting the subject property and will be subject to Conditions of Approval and Mitigation Measures designed to alleviate any potential impacts. Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed eighty-four (84) unit apartment complex along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed development under Development Permit Type- 8 23.e Packet Pg. 530 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P 16 -06 will not be detrimental to public services or public health and safety. Finding No. 8: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed eighty-four (84) unit apartment complex, along with the construction of the required on-site and off-site improvements, conforms to all applicable development standards and land use regulations of the Residential Medium High (RMH) zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 3. Findings of Fact – Variance 18-01. Finding No. 1: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of 9 23.e Packet Pg. 531 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 privileges enjoyed by other property in the vicinity and under identical land use district classification. Finding of Fact: The existence of active fault lines on the property and the requirements outlined in both the City of San Bernardino General Plan and Development Code prohibiting the construction of structures intended for human habitation within fifty (50) feet of an active fault line constitutes a special circumstance which would deprive the property of privileges enjoyed by other property in the vicinity and under identical land use classification. Finding No. 2: That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought. Finding of Fact: The Variance for the reduction in required parking and the distance of parking from dwelling units is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district due to the construction restrictions within fifty (50) feet of an active fault line. Finding No. 3: That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. Finding of Fact: The Variance will not be materially detrimental to the public health, safety, or welfare, as the proposed project will provide approximately 1.5 parking spaces per unit and the applicant has agreed to prepare an area in the public right-of-way for Omnitrans to construct a bus stop 10 23.e Packet Pg. 532 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with a shelter and trash enclosure along Waterman Avenue, which will also provide additional transportation opportunities to future residents of the development. In regard to the distance of parking spaces from the dwelling units to the parking spaces, the distance may be mildly inconvenient, but would not pose an undue risk to the health, safety, or welfare of the residents. Finding No. 4: That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. Finding of Fact: The granting of the Variance would not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located due to the fact that the presence of active fault lines within the project area limit the area that can be utilized for the construction of structures intended for human habitation and is unique to this site. Finding No. 5: That granting of the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. Finding of Fact: The granting of the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel, but will allow the property development to be maximized while maintaining health, safety and welfare standards for potential future residents. Finding No. 6: That granting the Variance will not be inconsistent with the General Plan. 11 23.e Packet Pg. 533 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: The granting of the Variance will not be inconsistent with the General Plan and will in fact be consistent with the General Plan Circulation Element Goal 6.6.10: Consider the provision of incentives, such as reduced parking standards and density/intensity bonuses to those projects near transit stops that include transit-friendly uses such as child care, convenience retail, and housing. SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that Development Permit Type-P 16 -06 and Variance 18-01 will have no significant adverse effect on the environment that could not be properly mitigated; and, find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as accepted by the Planning Commission as to the effects of proposed Development Permit Type-P 16 -06 and Variance 18- 01 has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. SECTION 5. Notice of Determination. The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. SECTION 6. – General Plan Amendment 16-06 and Development Code Amendment (Zoning Map Amendment) 16-07, as approved by Ordinance, is incorporated herein by reference. SECTION 7. – Conditions of Approval. Development Permit Type-P 16-06 and Variance 18-01, is hereby approved, subject to the following Conditions of Approval: 12 23.e Packet Pg. 534 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. This approval is to allow the development of an eighty-four (84) unit apartment complex, along with the construction of the required on-site and off-site improvements, on a project site comprised of five (5) parcels containing a total of approximately 2.81 acres; and, allow the reduction of the required parking stalls from 155 to 128, and a greater distance between the residential units and the parking spaces, than the 150 foot maximum distance that is currently required. The project site is located on the northeast corner of S. Waterman Avenue and Wier Road (APN: 0141-352-09, 10, 11, 12 and 13) within the Residential Medium High (RMH) zone. 2. The project site shall be developed and maintained in accordance with the plans stamped September 19, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plans, exterior elevations and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated September 19, 2018, and incorporated herein by reference as Conditions of Approval. 4. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: October 19, 2020 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required 13 23.e Packet Pg. 535 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 7. A minimum of one (1) parking space should numbered and assigned for each one (1) bedroom apartment, and two (2) parking spaces numbered and assigned for each two (2) bedroom apartment. 8. An additional four (4) bin trash enclosure will be required on the south end of the site. 9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 14 23.e Packet Pg. 536 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. The V-ditch along Waterman Avenue will be piped for the necessary improvements to the Public Right-of-Way, with a sidewalk installed to the City’s standard so that the ADA requirement of 8’ x 5’ for a bus stop will be met. Additionally, a 10’ x 25’ area will be prepared with minimal landscaping or groundcover for Omnitrans to install a fully improved bus stop with bench, cover, and trash enclosure. 11. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. The landscaping along Wier Road shall comply with the Opaque Screen, Type C pursuant to the Development Code §19.28.040(3)(C). 13. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards. 14. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 15. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk’s Office/Business Registration Division. 16. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 15 23.e Packet Pg. 537 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 18. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 19. All exterior lighting shall be contained within property lines and energy efficient with the option to lower or reduce usage when the facility is closed. 20. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 21. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Land Development Division Conditions 22. Drainage and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b) The development is located within Zone X of the Federal Insurance Rate Maps on booklet #06071C8692H with year 08/28/2008. 16 23.e Packet Pg. 538 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. d) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. e) A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Building Official, prior to issuance of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved WQMP and SWPPP are required prior to Occupancy. f) A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. g) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 23.Grading and Landscaping h) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. i) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. j) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Building Official. 17 23.e Packet Pg. 539 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 k) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. l) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. m) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. n) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. ADA and EV Accessible parking spaces shall be minimum net 18-feet by 9-feet in size. o) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. p) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet inside net dimension. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of 18 23.e Packet Pg. 540 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number as reviewed and approved by the Public Works Refuse Division. q) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. r) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. s) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. t) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, 19 23.e Packet Pg. 541 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including retrofitting of existing building access points for accessibility, if applicable. u) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. v) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development and Environmental Review Committee. w) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. x) Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. y) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. z) All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right- of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. 24. Utilities aa) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). 20 23.e Packet Pg. 542 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bb) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream sewer manhole. cc) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. dd) Utility services shall be placed underground and easements provided as required. ee) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. ff) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). gg) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On -Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 25. Mapping hh) The applicant’s surveyor/engineer shall submit a Parcel Map with supporting documents for review and approval to Land Development combining the 5 existing parcels into 1 parcel. The parcel map shall be recorded prior to building occupancy. 21 23.e Packet Pg. 543 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. Improvement Completion ii) Street, sewer, drainage improvement, traffic signals, and landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. jj) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recordation. Public Works Department Conditions 27. Street Improvement and Dedications kk) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Waterman Avenue (141-352-09 141-352-10 141-352-11 141-352-12 141-352-13) 55’ Existing At ultimate 36’ Existing None-Proposed (Future 36’ to 40’) Wier Road (141-352-09 141-352-10 141-352-11 32’ Existing At ultimate 20’ Existing At ultimate 22 23.e Packet Pg. 544 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 141-352-12 141-352-13) ll) Waterman Avenue: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum standard for streets (4” AC over 8” Base); However the Soils Report may indicate a thicker or different improvement. ii) If the existing curb & gutter adjacent to the site are in poor condition, the curb & gutter shall be removed and reconstructed in accordance to City Standards. iii) The corner shall be a 25’ Radius iv) Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb). v) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. vi) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies vii) Install a city approved trash screen and filtration device in the catch basins downstream. mm) Wier Road: 23 23.e Packet Pg. 545 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) If the existing curb & gutter adjacent to the site are in poor condition, the curb & gutter shall be removed and reconstructed in accordance to City Standards. iii) The corner shall be a 25’ Radius iv) Driveway Approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. v) Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. vii) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies viii) Replace concrete cross gutter using City Standard No. 201, to match existing crossgutter. ix) Install a city approved trash screen and filtration device in the catch basins downstream. *A Traffic Report may increase and extend these requirements. 24 23.e Packet Pg. 546 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nn) A second copy of the drainage report will delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be included on the street improvement plans, or a separate set of plans. oo) City approved trash screens and filtration devices shall be installed in all catch basins. pp) Access and improvements to the drainage on the north side of the property shall be restored or constructed back to Public Works Department satisfaction. qq) An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. rr) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. ss) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. 28. Required Engineering Plans tt) A complete submittal for plan checking shall consist of: street improvement plans (may include street lights or street lighting may be separate plan), sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to SBMWD), storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), 25 23.e Packet Pg. 547 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 traffic signal plans (if needed), signing and striping plan (may be on sheets included in street improvement plan), lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) uu) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. Conditions of the project shall be inserted in the plans. vv) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. ww) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org 26 23.e Packet Pg. 548 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Required Engineering Permits xx) Grading permit. yy) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. zz) Off-site improvement construction permit. 30. Applicable Engineering Fees aaa) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. bbb) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org 31. Traffic Requirements ccc) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. Building and Safety Division Conditions 32. This is a formal submittal to the building Division and shall include all required documents, which includes a soils report, when determined to be required. 33. Address the requirements of the California Green Code 2016 for all debris. Check the VOC forms per code. 27 23.e Packet Pg. 549 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 35. As a reminder the Building Department submittal is separate from the Fire Department. Please show location of all existing hydrants. 36. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements. 37. Refer to Section 105 Permits for all required permits of the California Building Code 2016. San Bernardino County Fire District Conditions 38. Shall comply with all Building, Fire Codes and Fire District standard requirements based on occupancy classification. 39. Any changes to this proposal shall require a new Fire District condition letter. 40. Any changes to the approved life safety system shall require plans to be submitted to the Fire District prior to construction including fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances and Hood protections. 41.Monitored fire alarm system is required for the proposed building(s). Plans shall be submitted to the Fire District prior to construction. PER CFC 903.2.1.1. 42. Knox Box/Key Box is required and shall be provided and installed in accordance with California Fire Code & Fire District standard. 43. Required Fire Flow for this project shall meet the minimum requirements established in the California Fire Code. 28 23.e Packet Pg. 550 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. An approved on-site fire protection water system in accordance with the Fire District standard is required. The system is required to be in place and serviceable prior to building construction. 45. An approved water supply system, complete with street fire hydrants complying with the Fire District standard shall be in place prior to any combustible construction. 46. Provide a complete on-site fire protection plan to the Fire District which indicates the location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and existing fire hydrants, etc.). 47. Fencing, walls or car ports shall not obstruct Fire District access to fire hydrants and property. 48. Paved access from two (2) points shall be required for completion and occupancy. 49. Interior/exterior Fire District access roadways/fire lanes shall be required per Fire District standard. Any gates installed, must comply with Fire District standard. 50. Provide the following fire District notes on the site utility plan: • A separate permit is required by the Fire District for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire District standard. • Paint curbs red, 15’ to either side of fire hydrant and FDC. • Fire District Connection required within 50 feet of hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 feet for residential areas. 29 23.e Packet Pg. 551 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. Premise and Building Identification and addressing shall be a minimum of 12 inches in height. 52. Fire Sprinklers are required. System shall meet the requirements of NFPA 13 not 13 R in lieu of 30’ access requirements. 53. Fire Riser room is required. See County Standard requirements. 54. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and size. 55. All exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, /// /// /// /// /// 30 23.e Packet Pg. 552 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code RESOLUTION NO. 2018-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84) UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF THE REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESIDENTIAL UNITS AND THE PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.81 ACRES LOCATED AT THE NORTHEAST CORNER OF S. WATERMAN AVENUE AND WIER ROAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. Carey Davis, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 31 23.e Packet Pg. 553 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution 2018-263 (5750 : General Plan Amendment 16-06, Development Code 23.f Packet Pg. 554 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 555 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.f Packet Pg. 556 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.f Packet Pg. 557 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.f Packet Pg. 558 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.f Packet Pg. 559 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.fPacket Pg. 560Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.fPacket Pg. 561Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.fPacket Pg. 562Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.fPacket Pg. 563Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) 23.fPacket Pg. 564Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) N00°05'10"E (98.00')(98.00')(98.00')(98.00')(98.00')(98.00')(98.00')N00°05'10"E (229.99')(77.98')R=20'N89°57'25"WN89°57'25"WCABANABBQCABANACABANAFOUNTAINSEATING AREA TRASHTRASHTRASHTRASHSEATING AREA/ ARTIFICIAL TURFFOR DOGGY AREA26' WIDE GATE W/ KNOX BOX Bougainvillea 15 GAL2LOW.2'San Diego Red'Red Bougainvillea24" BoxGROUNDCOVERCommon NameBotanical NameSIZEQTYTREESCommon NameBotanical NameSIZEQTYSHRUBSGROUND COVER619ON BARK, BY ARTESIA SAWDUST PRODUCTSALL SHRUB PLANTING AND SLOPE AREAS MULCH ON1(800)266-0969Acacia aneuraMulga AcaciaChitalpa TashkentensisPink Dawn TreeNO SYMBOL'Pink Dawn'WATERUSAGEWUCOLS III.2LOW.2WATERUSAGEWUCOLS IIIShrub and groundcover areasPLANTING AREASLagerstroemia 13'Tuscarora'Crape MyrtleLOW.2PLANTING LEGEND24" Box24" Box35LOW.210' BTH23Olea e. 'Monher' LOW.2Majestic Beauty 36" Box12LOWGeijera parvifloraLOW.2Australian Willow36" BoxParkway shrub and groundcover areasBasin shrub and groundcover areasFractured Rock: 6-12" 'Honey Quartz'Fruitless Olive9Phoenix roebeleniiMOD.5Pygmy Date Palm36" BTH17Tristania conferta MOD.5Brisbane Box36" Box24" Box20MOD.5Phoenix dactyliferaDate Palm28,182 S.F.3,175 S.F.6,588 S.F.173 S.F.SHALL RECEIVE A 3" LAYER OF MEDIUM WALK- 15 Gal201MOD.515 Gal212MOD.5Ligustrum japonicumJapanese PrivetMyrtus communisCompacta15 Gal124MOD.5Pittosporum tobira'Turner's Variegated Dwarf'Rhaphiolepis 'Majestic Beauty'Majestic BeautyTurner's Pitt Mock OrangeDwarf MyrtleMarathon II Turf421 S.F.0' 20' 40' 60' 80'SCALE: 1" = 20'-0"NORTH-Prepared For:Email: fausto@landarq.comPhone: 909-259-9428Ontario, CA 91761865 S. Milliken Ave. Suite ELandArq, Inc.SAN BERNARDINO, CA 92408LANDSCAPE WORK FORMULTI-FAMILY DWELLINGProject Description:SAN BERNARDINO, CA 92408--WATERMAN AVE. / WIER RD. APARTMENTSDate: 01/25/2018GATED POOL AREA W/PAVED PATIO DECKBBQ AREALOUNGING AREAPAVED DRIVEWAYPRIMARYPEDESTRIAN GATEFOUNTAIN/SEATING AREAFREE-STANDINGWOOD TRELLISFOUNDATION SHRUBSALONG BUILDINGS ANDVINYL FENCESRETARDER FINISH CONCRETEBASIN26' WIDE GATEW/ KNOX BOXDOG RUN W/ARTIFICIAL TURFLARGE POTSSCREENING SHRUBSALONG PERIMETERCORNER ENTRY MONUMENTPROPOSEDSIDEWALKPROPOSEDSIDEWALKVEHICULAR DECORATIVEWROUGHT IRON GATE23.fPacket Pg. 565Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Developme) WEIR ROAD A VILLA COMMUNITY MATERIALS & COLOR BOARD 7/27/2017 ROOFING Eagle Roofing Tucson Blend FASCIA & TRELLIS Benjamin Moore Barrel Brown 2098-10 PRIMARY BUILDING COLOR Benjamin Moore Fresh Air 211 ACCENT COLOR 1 Benjamin Moore Twilight Gold 1069 ACCENT COLOR 2 Benjamin Moore Fairmont Gold 1071 WINDOW FRAMES DOOR FRAMES & MOLDINGS Benjamin Moore Twilight Gold 1069 HAND RAILS AND PICKETS DECORATIVE TILE American Olean 12”x12” Amble Side Beige KS01 23.f Packet Pg. 566 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, 23.f Packet Pg. 567 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 568 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 569 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 570 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 571 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 572 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 573 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, 23.f Packet Pg. 574 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit A.REDUCED (5750 : General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 1 Mitigation Measure Implementation Schedule Verification Aesthetics I-1 Prior to approval of the Final Design, an analysis of potential glare from sunlight or exterior lighting to impact vehicles traveling on adjacent roadways shall be submitted to the City for review and approval. This analysis shall demonstrate that due to building orientation or exterior treatment, no significant glare may be caused that could negatively impact drivers on the local roadways or impact adjacent land uses. If potential glare impacts are identified, the building orientation, use of non-glare reflective materials or other design solutions acceptable to the City of San Bernardino shall be implemented to eliminate glare impacts. The assessment of potential glare shall be submitted to the City concurrent with the final design of the building. The measures incorporated into final design to control glare shall be installed during construction. A copy of the glare assessment and recommendations shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspectors that verify the building glare attenuation measures have been installed as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Air Quality III-1 Fugitive Dust Control. The following measures shall be incorporated into Project plans and specifications for implementation: Apply soil stabilizers or moisten inactive areas. Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). Cover all stock piles with tarps at the end of each day or as needed. Provide water spray during loading and unloading of earthen materials. Minimize in-out traffic from construction zone. Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard. Sweep streets daily if visible soil material is carried out from the construction site. This measure shall be included in the con- struction contract as a contract specification and implemented by the contractor during construction. A copy of the construction contract including the air mitigation measures shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the air quality measures have been implemented as required in these measures. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 575 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 2 Mitigation Measure Implementation Schedule Verification Air Quality III-2 Exhaust Emissions Control. The following measures shall be incorporated into Project plans and specifications for implementation: Utilize well-tuned off-road construction equipment. Establish a preference for contractors using Tier 3 or better heavy equipment. Enforce 5-minute idling limits for both on-road trucks and off-road equipment. This measure shall be included in the con- struction contract as a contract specification and implemented by the contractor during construction. A copy of the construction contract including the air mitigation measures shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the air quality measures have been implemented as required in these measures. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Cultural Resources V-1 Should any cultural resources be encountered during construction of these facilities, earthmoving or grading activities in the immediate area of the finds shall be halted and an onsite inspection shall be performed immediately by a qualified archaeologist. Responsibility for making this determination shall be with the City onsite inspector. The archaeological professional shall assess the find, determine its signifi - cance, and make recommendations for appropriate mitigation measures within the guidelines of the California Environmental Quality Act. Any response to exposed resources shall occur during construction. Any reports documenting management and findings for accidentally exposed resources shall be completed within one year of the discovery. A copy of the Program shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the archaeological monitoring program is being implemented by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 576 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 3 Mitigation Measure Implementation Schedule Verification Cultural Resources V-2 Should any paleontological resources be encountered during construc- tion of these facilities, earthmoving or grading activities in the immediate area of the finds shall be halted and an onsite inspection should be performed immediately by a qualified paleontologist. Responsibility for making this determination shall be with the City onsite inspector. The paleontological professional shall assess the find, determine its significance, and make recommendations for appropriate mitigation measures within the guidelines of the California Environmental Quality Act. Any response to exposed resources shall occur during construction. Any reports documenting management and findings for accidentally exposed resources shall be completed within one year of the discovery. The City shall be notified within 24-hours of accidental exposure of any paleontological resources. A copy of initial findings shall be provided to the City and retained in the project file. A copy of the final report shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Geology and Soils VI-1 Based upon the geotechnical investigation (Appendix 4), all of the recommended design and construction measures identified in Appendix 4 (listed on Page 14) shall be implemented by the Applicant into the project design. Implementation of these specific measures will address all of the identified geotechnical constraints identified at project site. The design measures shall be incorporated into final site and building design and implement during construction. The final designs shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the geotech- nical design measures have been imple- mented as required in these measures. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Geology and Soils VI-2 Prior to initiating grading, the site developer shall provide a geotechnical evaluation of the potential liquefaction hazards at the site and, if a hazard exists at the proposed project location, the evaluation shall define design measures that will ensure the safety of any new structures in protecting human life in the event of a regional earthquake affecting the site. The developer shall implement any design measures required to protect human safety. The site geology report shall be submitted to the City prior to initiating ground disturbance. Recommendations of the geology report shall be implemented during construction. A copy of the geology report and recom- mendations shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspectors that verify the recommendations have been implemented. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 577 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 4 Mitigation Measure Implementation Schedule Verification Geology and Soils VI-3 Stored backfill material shall be covered with water resistant material during periods of heavy precipitation to reduce the potential for rainfall erosion of stored backfill material. If covering is not feasible, then measures such as the use of straw bales or sand bags shall be used to capture and hold eroded material on the Project site for future cleanup. These measures shall be identified in the project Stormwater Pollution Prevention Plan (SWPPP) and implemented during construc- tion. A copy of the SWPPP shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the SWPPP BMPs have been implemented as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Geology and Soils VI-4 All exposed, disturbed soil (trenches, stored backfill, etc.) shall be sprayed with water or soil binders twice a day, or more frequently if fugitive dust is observed migrating from the site within which the Wier Road Villa Communities are being constructed. These measures shall be identified in the project Stormwater Pollution Prevention Plan (SWPPP) and implemented during construc- tion. A copy of the SWPPP shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify the SWPPP BMPs have been implemented as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Hazards and Hazardous Materials VIII-1 All spills or leakage of petroleum products during construction activities shall be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. Any contaminated waste will be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure will be incorporated into the SWPPP prepared for the Project development. These measures shall be identified in the project Stormwater Pollution Prevention Plan (SWPPP) and implemented during construc- tion. A copy of the SWPPP shall be retained in the project file. Verification of implementation shall be based on field inspections by Cityinspection personnel that verify the SWPPP BMPs have been implemented as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 578 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 5 Mitigation Measure Implementation Schedule Verification Noise XII-1 When project construction staging occurs within 500 feet of an occupied residential structure the contractor shall: Locate stationary construction equipment away from the occupied residential structure; and Shut off construction equipment that is not in use. This measure shall be included in the construction contract and implemented during construction. A copy of the construction contract shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify this noise measure has been implemented as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino Mitigation Measure Implementation Schedule Verification Noise XII-2 Project construction or grading activity shall be permitted only during the following times: 7:00 a.m. and 8:00 p.m. on any day This measure shall be included in the construction contract and implemented during construction. A copy of the construction contract shall be retained in the project file. Verification of implementation shall be based on field inspections by City inspection personnel that verify this noise measure has been implemented as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 579 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan CITY OF SAN BERNARDINO WIER ROAD VILLA COMMUNITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MMRP Table, Page 6 Mitigation Measure Implementation Schedule Verification Tribal Cultural Resources XVII-1 The project Applicant will be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, an d trenching, within the project area. The monitor(s) must be approved by the tribal representatives and will be present on -site during the construction phases that involve any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) will photo-document the ground disturbing activities. The monitor(s) must also have Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archaeological resources. This measure shall be implemented during construction and followed through until final disposition of such resources has been achieved. The developer shall provide the City with documentation verifying access to the project site by the Gabrieleño Band of Mission Indians-Kizh (Keech-Kit’c) Nation. A report of monitoring activities following completion of ground disturbing activities shall be provided to the City by the developer and GBMI docu- menting all findings during monitoring activities. Discovery of cultural resources shall be reported to the City within 24 hours of exposure. GBMI shall be notified in concurrence with the City in the event any cultural resources are found. Documentation shall be provided that ground disturbing activities were immediately halted in the area of the discovery and of all management actions taken following the discovery. A copy of this documentation shall be retained in the project file. Source Responsible Party Status / Date / Initials Initial Study City of San Bernardino 23.g Packet Pg. 580 Attachment: CD.GPA16-06.Wier Road Villa Community.A4.Resolution.Exhibit B (5750 : General Plan 23.h Packet Pg. 581 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 582 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 583 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 584 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 585 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 586 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 587 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 588 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 589 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 590 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 591 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 592 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 593 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 594 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 595 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 596 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 597 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 598 Attachment: CD.GPA16-06.Wier Road Villa Community.A5.CEQA Document (5750 : General Plan Amendment 16-06, Development Code Amendment 23.h Packet Pg. 599 Attachment: CD.GPA16-06.Wier Road 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Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 23.j Packet Pg. 817 Attachment: CD.GPA16-06.Wier Road Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 23.j Packet Pg. 818 Attachment: CD.GPA16-06.Wier Road Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 23.j Packet Pg. 819 Attachment: CD.GPA16-06.Wier Road Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 23.j Packet Pg. 820 Attachment: CD.GPA16-06.Wier Road Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 23.j Packet Pg. 821 Attachment: CD.GPA16-06.Wier Road Villa Community.A7.Planning Commission Report (5750 : General Plan Amendment 16-06, Development 24.a Packet Pg. 822 Attachment: FN.CFD 2018-1-Staff Report (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Services) of the 9/14/2018 2:29 PM practice” mechanism used today by many developers to fund their development’s public infrastructure and to pay ongoing operating costs associated with that development. In January of 2018, the Mayor and City Council adopted a Goals and Policies statement to guide the development community as it considered forming CFD’s for their respective developments. Part of that document allowed for the formation of a “services” CFD which would generate operating revenues for the City to offset some of the costs of providing police and other public safety services associated with serving the new development. The next few months were spent exploring that concept with the financing team, and then with the development group associated with the Verdemont area. Those discussions resulted in an agreement to an annual amount per parcel that was mutually acceptable to all parties, meeting their financial requirements and providing the City an appropriate amount of funds to offset a portion of the costs of providing services to the new development. The developer, 17329, LLC, a Delaware limited liability company (an affiliate of GFR Homes), property owner of one residential tract containing 74 proposed lots within the City (tentative tract 17329) has requested that the City assist them in forming a CFD to finance the costs of providing public safety services through the levy of a special tax. On August 15, 2018, the City Council adopted a resolution of intention (the “Resolution of Intention”) to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (the “Safety Services CFD”). The boundaries of the Safety Services CFD will initially consist of the property owned by 17329, LLC with the balance of the area within the City designated as being eligible for annexation into the Safety Services CFD in the future. Staff will return to the Mayor and the City Council at a subsequent time to discuss how best to manage future annexations into the Safety Services CFD for future developments. Discussion The Resolution of Intention adopted by the City Council on August 15, 2018 , with respect to the formation of the Safety Services CFD called for a public hearing on September 19, 2018, to formally consider the approval of the formation of the Safety Services CFD and the approval of the special taxes within the Safety Services CFD. Notice of the public hearing was published in The Sun and mailed to the Developer as the sole property owner within the initial boundaries of the Safety Services CFD in accordance with the Mello-Roos Act. In connection with the public hearing, Spicer Consulting Group has prepared a CFD Public Hearing Report which describes and analyzes the services to be financed by the Safety Services CFD and the estimated costs of such services. Following the close of the public hearing, the City Council will be asked to adopt the Resolution of Formation which approves the formation of the Safety Services CFD and the levy of the special taxes in accordance with the Rate and Method of Apportionment for the Safety Services CFD (the “Rate and Method”). Such resolution calls for an election to submit to the qualified voters in the initial boundaries of the Safety Services CFD ballot measures on 24.a Packet Pg. 823 Attachment: FN.CFD 2018-1-Staff Report (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Services) of the 9/14/2018 2:29 PM the approval of the special taxes and an appropriations limit for the Safety Services CFD. The Resolution of Intention also identified other areas of the City to be potentially annexed into the Safety Services CFD to offset costs of providing public safety services to new development in such areas. On file with the City Clerk is a Certificate of the Registrar of Voters of San Bernardino County certifying that there are no registered voters residing within the initial boundaries of the Safety Services CFD. Accordingly, under the Mello-Roos Act, only property owners owning land in the initial boundaries of the Safety Services CFD are eligible to vote at the election with each owner having one vote for each acre (or portion thereof) that they own within the initial boundaries of the Safety Services CFD. The Developer is the only property owner within the initial boundaries of Safety Services CFD. The Developer has executed a consent and waiver of certain election procedures, including certain timing requirements with respect to the election, and the City Clerk has executed a certificate concurring to the holding of the election on this date, all in accordance with the Mello-Roos Act. Accordingly, if the City Council approves the Resolution of Formation, the City Clerk will conduct the election. The City Clerk will announce the election results and the City Council will be asked to adopt the Resolution Certifyin g the Election Results. Based on certification that two-thirds of the votes cast are in favor of the propositions voted upon, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within the initial boundaries of the Safety Services CFD. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within the Safety Services CFD in accordance with the Rate and Method. 2018-19 Goals and Objectives The formation of a community facilities district as described herein is consistent with Goals No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City and Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The creation of the Safety Services CFD is a responsible financing mechanism that provides resources on a long-term basis to fund a portion of the operating costs associated with the new development within the community. Fiscal Impact The costs associated with the formation of the Safety Services CFD are estimated to be $30,000. These costs will be paid for by the City’s General Fund as the future revenue associated with the annual special tax levies will benefit the General Fund by reducing the cost of services it bears. The recommended action of the Mayor and City Council seeks authorization to pay to Spicer Consulting Group $20,000 and to Stradling Yocca Carlson Rauth an amount not to exceed $10,000. The initial amount of special tax has been calculated to be $385 per home (single family) or $358 per home (multifamily) and is fixed for the first five years. Thereafter, the amount will grow in perpetuity by 4% annually. 24.a Packet Pg. 824 Attachment: FN.CFD 2018-1-Staff Report (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Services) of the 9/14/2018 3:51 PM The Safety Services CFD will gradually generate a significant amount of annual revenue to offset the cost of providing services to the newly developi ng areas within the community. For the current fiscal year there is no revenue impact, but as the initial development sponsoring the creation of the Safety Services CFD pulls building permits it will trigger the annual levy, generating approximately $29,000 each year. As new tracts annex into the Safety Services CFD, the annual revenue will become a very substantial revenue item to help fund the cost of providing safety services . Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 264 establishing Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (CFD 2018 -1), and to authorize the levy of a special tax on property within the District to pay the costs of providing public safety services; and 2. Adopt Resolution No. 265 of the Mayor and City Council acting as the legislative body of CFD 2018-1 of the City of San Bernardino (Safety Services) certifying election results; and 3. Introduce Ordinance No. MC-1506 of the Mayor and City Council acting in its capacity as the legislative body of CFD 2018 -1 of the City of San Bernardino (Safety Services) authorizing the levy of special taxes; and 4. Approve payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth in an amount not to exceed $10,000 for their services related to the formation of CFD 2018-1 of the City of San Bernardino. Attachments Attachment 1 Resolution 2018-264 Establishing CFD 2018-1 Attachment 2 Resolution 2018-265 Certifying Election Results Attachment 3 Ordinance MC-1506 Attachment 4 Public Hearing Report Ward: All Synopsis of Previous Council Actions: Resolution of Intention to form CFD 2018-1 adopted on August 15, 2018 24.a Packet Pg. 825 Attachment: FN.CFD 2018-1-Staff Report (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Services) of 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has heretofore adopted Resolution No. 2018-039 stating its intention to form Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of Resolution No. 2018-239 setting forth a description of the proposed initial boundaries of Community Facilities District No. 2018-1, a description of the area that may be annexed to Community Facilities District No. 2018-1, the services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the initial boundaries of the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2018-1 and to levy a special tax therein to finance the services and incidental expenses described in Resolution No. 2018-239; and WHEREAS, on September 19, 2018, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2018-1 and the levy of the special tax therein; and; WHEREAS, at the September 19, 2018 public hearing there was filed with this City Council a report containing a description of the services necessary to meet the needs of the 1 24.b Packet Pg. 826 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES District and an estimate of the cost of such services as required by Section 53321.5 of the Act (the “Engineer’s Report”); and WHEREAS, at the September 19, 2018 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2018-1 and the levy of the special tax were heard and a full and fair hearing was held; and WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of services (the “Services”) and the incidental expenses (the “Incidental Expenses”) set forth in Attachment “A” hereto, which are described in more detail in the Engineer’s Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed special tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special tax; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of San Bernardino on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2018- 1 for each of the 90 days prior to September 19, 2018 and that the qualified electors in Community Facilities District No. 2018-1 are the landowners within the initial boundaries of the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2018-1 and to call an 2 24.b Packet Pg. 827 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment “D” to Resolution No. 2018-239 (the “Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. A community facilities district to be designated “Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services)” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. SECTION 3. The boundaries of the land to be initially included in Community Facilities District No. 2018-1 are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2018-1 (Safety Services) City of San Bernardino, County of San Bernardino, State of California” which map is on file in the office of the City Clerk and was recorded pursuant to Section 3111 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-Recorder-County Clerk’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018-0300849. In addition, boundaries of the land which may be annexed to Community Facilities District No. 2018-1 pursuant to Sections 53339.2 and 53339.3 of the Act 3 24.b Packet Pg. 828 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES in accordance within Resolution No. 2018-239, are shown on the map designated “Boundaries – Potential Annexation Area Community Facilities District No. 2018-1 (Safety Services) City of San Bernardino, County of San Bernardino, State of California” which map is on file in the office of the City Clerk and was recorded pursuant to Section 3111 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-Recorder-County Clerk’s office of the County of San Bernardino in Book No. 87 Page No. 97, on August 16, 2018 as Instrument No. 2018-0300863. SECTION 4. The types of Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2018-1 are those set forth in Attachment “A” attached hereto. The estimated cost of the Services and Incidental Expenses to be financed is set forth in the Engineer’s Report. The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District. SECTION 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a special tax at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for the Services and the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the levying and collecting of the special tax, and the annual administration of the District. The Rate and Method of the special tax is described in detail in Attachment “D” to 4 24.b Packet Pg. 829 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES Resolution No. 2018-239 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the special tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2018-1 will place on the Services and on the benefit that each parcel will derive from the right to access the Services and, accordingly, is hereby determined to be reasonable. The special tax shall be levied on each assessor’s parcel so long as the Services are being provided within CFD No. 2018-1. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property or the assessed value of real property. If special taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except that, commencing on July 1, 2024, it may be increased by an amount not to exceed four percent (4%) per year to the extent permitted in the Rate and Method and (ii) under no circumstances will the special tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. 5 24.b Packet Pg. 830 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES The City Manager of the City of San Bernardino will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases. SECTION 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2018-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2018-1 and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2018-1 for the exclusive purpose of paying for the same services to the territory of Community Facilities District No. 2018-1 as are proposed to be provided by the Services to be financed by Community Facilities District No. 2018-1. SECTION 9. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the 6 24.b Packet Pg. 831 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES property owners of one-half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 10. An election is hereby called for Community Facilities District No. 2018- 1 on the propositions of levying the special tax on the property within Community Facilities District No. 2018-1 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment “B.” SECTION 11. The date of the election for Community Facilities District No. 2018-1 on the propositions of authorizing the levy of the special tax and establishing an appropriations limit for the District shall be September 19, 2018, or such later date as is consented to by the City Clerk of the City of San Bernardino; provided that, if the election is to take place sooner than 90 days after September 19, 2018, then the unanimous written consent of each qualified elector within the initial boundaries of the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of San Bernardino insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the 7 24.b Packet Pg. 832 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES ballots for the special election shall be distributed in person or by mail with return postage prepaid, to the qualified electors within the initial boundaries of Community Facilities District No. 2018-1. The City Clerk has secured a certificate of the Certificate of Registrar of Voters of the County of San Bernardino certifying that there were no registered voters within the initial boundaries of District as of August 31, 2018. Accordingly, since there were fewer than 12 registered voters within the initial boundaries of the District for each of the 90 days preceding September 19, 2018, the qualified electors shall be the landowners within the initial boundaries of the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within the initial boundaries of the Community Facilities District No. 2018-1, as provided in Section 53326 of the Act. The landowners within the initial boundaries of the District have executed and delivered waivers of certain election law requirements and consenting to the holding of the election on September 19, 2018, which waivers are on file with the City Clerk. SECTION 12. The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2018-1. The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. SECTION 13. This Resolution shall be effective upon its adoption. 8 24.b Packet Pg. 833 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY 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 regular meeting thereof, held on the 19th day of September, 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 19th day of September, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 9 24.b Packet Pg. 834 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES ATTACHMENT A Types of Services to be Financed by Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2018-1. These services include police protection services (including but not limited to criminal justice services) and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 and the Annexation Area of CFD No. 2018-1 or for the benefit of the properties within the boundaries of CFD No. 2018-1 and the Annexation Area of CFD No. 2018-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created. A-1 24.b Packet Pg. 835 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES ATTACHMENT B BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) SPECIAL TAX ELECTION September 19, 2018 PROPOSITION A: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2018-239 of the City Council of the City of San Bernardino establishing Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) be levied to pay for the Services, Incidental Expenses and other purposes described in Resolution No. 2018-239? YES______ NO_______ PROPOSITION B: For each year commencing with Fiscal Year 2018-19, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2018-1 be an amount equal to $50,000,000? YES______ NO_______ . B-1 24.b Packet Pg. 836 Attachment: FN.CFD 2018-1-Resolution 2018-264- Approving and Authorizing_ (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-265 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CFD 2018- 1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) CERTIFYING ELECTION RESULTS 1 WHEREAS, the City Council of the City of San Bernardino called and duly held an election on September 19, 2018 within the boundaries of Community Facilities District No. 2015 -1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to Resolution No. 2018-264 for the purpose of presenting to the qualified electors within the initial boundaries of the District, Propositions A and B attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. Propositions A and B presented to the qualified electors of the initial boundaries of the District on September 19, 2018 were approved by more than two-thirds of the votes cast at said election and Propositions A and B each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein. SECTION 3. The City Clerk is hereby directed to record in the Assessor-Recorder- County Clerk’s office of the County of San Bernardino within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. SECTION 4. This Resolution shall be effective upon its adoption. 24.c Packet Pg. 837 Attachment: FN.CFD 2018-1-Resolution 2018-265- Certifying Election Results (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-265 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CFD 2018- 1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) CERTIFYING ELECTION RESULTS 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the 19 th day of September, 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 19th day of September, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 24.c Packet Pg. 838 Attachment: FN.CFD 2018-1-Resolution 2018-265- Certifying Election Results (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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. 2018-265 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CFD 2018- 1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) CERTIFYING ELECTION RESULTS A-1 ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) SPECIAL TAX ELECTION September 19, 2018 PROPOSITION A: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2018-239 of the City Council of the City of San Bernardino establishing Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) be levied to pay for the Services, Incidental Expenses and other purposes described in Resolution No. 2018-239? YES______ NO_______ PROPOSITION B: For each year commencing with Fiscal Year 2018-19, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2018-1 be an amount equal to $50,000,000? YES______ NO_______ 24.c Packet Pg. 839 Attachment: FN.CFD 2018-1-Resolution 2018-265- Certifying Election Results (5751 : Resolution Establishing Community Facilities District ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that I have examined the returns of the Special Tax Election for Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino. The election was held in the San Bernardino City Council Chambers at 201 North “E” Street, San Bernardino, California, on September 19, 2018. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A PROPOSITION B YES: YES: NO: NO: TOTAL: TOTAL: Dated this 19th day of September, 2018. Georgeann Hanna Georgeann Hanna, City Clerk City of San Bernardino 24.c Packet Pg. 840 Attachment: FN.CFD 2018-1-Resolution 2018-265- Certifying Election Results (5751 : Resolution Establishing Community Facilities District 1 2 3 4 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-1506 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES 1 WHEREAS, on August 15, 2018, the City Council (the “City Council”) of the City of San Bernardino (the “City”) adopted Resolution No. 2018-239 declaring its intention to form Community Facilities District No. 2018-1 of the City of San Bernardino (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, on September 19, 2018, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the designation of property that may be annexed to the District, and the proposed levy of a special tax therein to finance certain public safety services described in Resolution No. 2018-264; and WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of property that may be annexed to the District, and the proposed levy of the special tax to finance the safety services described in Resolution No. 2018-264 were heard and a full and fair hearing was held; and WHEREAS, on September 19, 2018, the Board adopted Resolution No. 2018-264 which formed the District, designated the property that may be annexed to the District, and called a special election within the District on September 19, 2018 on two propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and WHEREAS, on September 19, 2018, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2018-264 and establishing an appropriations limit for the District; and 24.d Packet Pg. 841 Attachment: FN.CFD 2018-1-Ordinance MC1506- Authorizing the Levy of Special Taxes (5751 : Resolution Establishing Community Facilities 1 2 3 4 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-1506 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES 2 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ORDAINS AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. By the passage of this Ordinance, the Board authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment “D” to Resolution No. 2018-264, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District, are provided through such financing within the District. SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year. 24.d Packet Pg. 842 Attachment: FN.CFD 2018-1-Ordinance MC1506- Authorizing the Levy of Special Taxes (5751 : Resolution Establishing Community Facilities 1 2 3 4 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-1506 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES 3 SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section D of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resol ution No. 2018-264, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. SECTION 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2018-264. SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same pr ocedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. SECTION 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Sun, a newspaper of general circulation published and circulated in the City of San Bernardino. SECTION 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. SECTION 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino, and 24.d Packet Pg. 843 Attachment: FN.CFD 2018-1-Ordinance MC1506- Authorizing the Levy of Special Taxes (5751 : Resolution Establishing Community Facilities 1 2 3 4 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-1506 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES 4 to perform all other acts which are required by the Act, this Ord inance or by law in order to accomplish the purpose of this Ordinance. SECTION 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. SECTION 11. This Ordinance shall take effect thirty days after its final passage. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 24.d Packet Pg. 844 Attachment: FN.CFD 2018-1-Ordinance MC1506- Authorizing the Levy of Special Taxes (5751 : Resolution Establishing Community Facilities 1 2 3 4 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-1506 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES 5 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, City Clerk The foregoing Ordinance is hereby approved this __ day of _________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 24.d Packet Pg. 845 Attachment: FN.CFD 2018-1-Ordinance MC1506- Authorizing the Levy of Special Taxes (5751 : Resolution Establishing Community Facilities CITY OF SAN BERNARDINO Public Hearing Report CFD 2018-1 (SAFETY SERVICES) SEPTEMBER 19, 2018 24.e Packet Pg. 846 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety Table of Contents Sections Page _____________________________________________ 1 Introduction ________________________________________________ 1 2 Description of Services ______________________________________________ 2 3 Cost Estimate ________________________________________________ 3 4 Proposed Development _____________________________________________ 4 5 Rate and Method of Apportionment ____________________________________ 5 6 Certifications ________________________________________________ 6 Tables Page 3-1 Cost Estimate ________________________________________________ 3 Appendices Page _____________________________________________ A Rate and Method of Apportionment _____________________________________ B Boundary Map _________________________________________________ C Resolution of Intention _______________________________________________ 24.e Packet Pg. 847 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 1 Introduction Page | 1 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report Background On August 15, 2018, the City Council of the City of San Bernardino (the “City”), adopted a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “CFD No. 2018-1” or “District”), Resolution No. 2018-239, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (the “Act”). The CFD No. 2018-1 is currently comprised of Tract Map No. 17329 that includes seven undeveloped parcels and approximately 31 gross acres. The proposed development includes 74 single family detached homes. The properties are generally located north of the W. Meyers Road and N. Magnolia Avenue Intersection. For a map showing the boundaries of CFD No. 2018-1 please see Appendix B. Purpose of Public Hearing Report WHEREAS, this Community Facilities District Report (“Report”) is being provided to the City Council and generally contains the following: 1. A brief description of CFD No. 2018-1; 2. A brief description of the Services required at the time of formation to meet the needs of CFD No. 2018-1. 3. A brief description of the Boundaries of CFD No. 2018-1; and 4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in Appendix C. 24.e Packet Pg. 848 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 2 Description of Services Page | 2 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed responsible officer, or person directed to prepare the Public Hearing Report, does hereby submit the following data: Description of the Services The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. Capitalized terms used and not defined herein sha ll have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2018-1. These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services. Administrative Expenses In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 and the future Annexation Area of CFD No. 2018-1 or for the benefit of the properties within the boundaries of CFD No. 2018-1 and the future Annexation Area of CFD No. 2018-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created. 24.e Packet Pg. 849 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 3 Cost Estimate Page | 3 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report The estimate is based on the cost of actual services provided by the City of San Bernardino. The estimated cost for Fiscal Year 2019-20 of providing such services, based upon current dollars, which is subject to escalation, is as follows: The estimated annual cost of providing police and fire protection services being funded by the Special tax for Community Facilities District No. 2018-1 (Safety Services) as, as outlined above, will be as follows: 1. $385.00 per residential unit for single family residential property 2. $358.00 per residential unit for multi-family residential property The estimated annual cost of providing safety services at build-out for the subject properties are detailed below: Table 3-1 Cost Estimate Development Tract Land Use Category No. of Taxable Units Estimated Cost At Build Out Verdemont Ranch TR 17329 Single Family Residential 74 $28,490.00 Total $28,490.00 Escalation of Maximum Special Taxes On each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by four percent (4.0%). 24.e Packet Pg. 850 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 4 Proposed Development Page | 4 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report The CFD No. 2018-1 includes approximately 31 gross acres on seven undeveloped properties within Tract 17329. The District is located north of the W. Meyers Road and N. Magnolia Avenue Intersection. As of Fiscal Year 2018-19 the proposed CFD No. 2018-1 includes the following Assessor's Parcel Numbers: 0261-031-10, 0261-031-11, 0261-062-11, 0261-062-12, 0261-062-13, 0261-062-14, and 0348-111-52. The boundaries of CFD No. 2018-1 are those properties and parcels where services are authorized to be provided and upon which special taxes may be levied in order to pay for the costs and expenses of said services. A map showing the boundaries of CFD No. 2018-1 is included in Appendix B. Additional properties that are within the boundaries of the annexation map may annex to CFD No. 2018-1 subsequent to formation of CFD No. 2018-1. The owner of the property to be annexed shall submit a written consent for said annexation to CFD No. 2018-1 and the Council, acting ex-officio as the legislative body of CFD No. 2018-1, shall call a special election as to the imposition of the special tax on said property as required by law. A general description of the boundaries of the territory within which any property may annex to CFD No. 2018-1 and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, County of San Bernardino, State of California,” is attached as Appendix B. 24.e Packet Pg. 851 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 5 Rate and Method of Apportionment Page | 5 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report The Rate and Method of Apportionment allows each property owner within CFD No. 2018-1 to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method”). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations, and provided further that CFD No. 2018-1 may covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act. All of the property located within CFD No. 2018-1, unless exempted by law or by the Rate and Method proposed for CFD No. 2018-1, shall be taxed for the purpose of providing necessary services to serve the District. On each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by four percent (4.0%). The Boundary Map for CFD No. 2018-1 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on the benefit received by property, the cost of making facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. For particulars as to the Rate and Method for CFD No. 2018-1, see the attached and incorporated in Appendix A. 24.e Packet Pg. 852 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 6 Certifications Page | 6 City of San Bernardino CFD No. 2018-1 (Safety Services) Public Hearing Report Based on the information provided herein, it is my opinion that the described services herein are those that are necessary to meet increased demands placed upon the City of San Bernardino as a result of development occurring within the CFD No. 2018-1 and benefits the lands within said CFD No. 2018-1. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary. Date: September 19, 2018 SPICER CONSULTING GROUP, LLC __________________________ SHANE SPICER SPECIAL TAX CONSULTANT FOR CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY STATE OF CALIFORNIA 24.e Packet Pg. 853 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety APPENDIX A Rate and Method of Apportionment 24.e Packet Pg. 854 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 1 Community Facilities District No. 2018‐1 (Safety Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2018‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2018‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2018‐1, or any designee thereof associated with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's fees and other costs related to commencing and pursuing to comp letion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the identification number assigned to a parcel by the County Assessor of the County of San Bernardino. “CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐ 1 (Safety Services). “City” means the City of San Bernardino. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. 24.e Packet Pg. 855 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 2 Community Facilities District No. 2018‐1 (Safety Services) “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section D. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year. “Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth in Appendix B. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. "Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds. "Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt Property. “Taxable Unit” means a Residential Unit. 24.e Packet Pg. 856 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 3 Community Facilities District No. 2018‐1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi‐Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a Developed Multi‐Family Property are shown below in Table 1. TABLE 1 MAXIMUM SPECIAL TAX RATES FISCAL YEAR 2019‐2020 Description Taxable Unit Maximum Special Tax Developed Single Family Property RU $385 Developed Multi‐Family Property RU $358 Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%). No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2018‐1 is an Exempt Property. C. TERM OF SPECIAL TAX For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2018‐1. D. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi‐Family Property. 24.e Packet Pg. 857 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 4 Community Facilities District No. 2018‐1 (Safety Services) E. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). F. MANNER OF COLLECTION The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. 24.e Packet Pg. 858 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 5 Community Facilities District No. 2018‐1 (Safety Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES) SUMMARY Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the Fiscal Year 2019‐2020: $385 per residential unit for Developed Single Family Residential Property $358 per residential unit for Developed Multi‐Family Residential Property Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall increase by four percent (4.0%). Fiscal Year Tract/ APN Development Name No. of Taxable Units Land Use Category Maximum Special Tax Subdivider 2019‐20 TR 17329 Verdemont Ranch 74 Developed Single Family Property $385 17329, LLC 24.e Packet Pg. 859 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety City of San Bernardino Page 6 Community Facilities District No. 2018‐1 (Safety Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. These services include police protection services (including but not limited to criminal justice services) and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created. 24.e Packet Pg. 860 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety APPENDIX B Boundary Map 24.e Packet Pg. 861 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 862 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 863 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety APPENDIX C Resolution of Intention 24.e Packet Pg. 864 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 865 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 866 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 867 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 868 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 869 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 870 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 871 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 872 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 873 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 874 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 875 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 876 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 877 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 878 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 879 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 24.e Packet Pg. 880 Attachment: FN.CFD 2018-1-Public Hearing Report - Draft v1 (5751 : Resolution Establishing Community Facilities District (CFD) 2018-1 (Safety 25.a Packet Pg. 881 Attachment: FN.CFD 2018-2- Staff Report (5752 : Resolutions Establishing Community Facilities District 2018-2 (Verdemont Ranch) of the City Background In December of 2017, staff and its financing team professionals made a presentation to the Mayor and City Council regarding financing options available to assist development, specifically focusing on Community Facilities Districts (CFD’s) as a “best practice” mechanism used today by many developers to help fund their development’s public infrastructure and to pay ongoing operating costs associated with that development. In January of 2018, the Mayor and City Council adopted a Goals and Policies statement to guide the development community as it considered forming CFD’s for their respective developments. That approval enabled interested developers to begin submitting proposals to the City requesting the formation of a CFD associated with their development. 17329, LLC, a Delaware limited liability company, an affiliate of GFR Homes (the “Developer”), submitted a request to form a CFD on its project within the City. On August 15, 2018, the City Council adopted resolutions declaring the intention to establish CFD No. 2018-2 of the City of San Bernardino (Verdemont Ranch), to levy a special tax to pay for the acquisition or construction of certain facilities, and to pay debt service on bonded indebtedness; and to incur bonded indebtedness in an amount not to exceed $5,000,000 within the boundaries of CFD 2018 -2. The Developer’s project is planned for 74 single family detached homes within the City (tentative tract 17329). Discussion The resolutions adopted by the Mayor and City Council on August 15, 2018, with respect to the formation of CFD No. 2018-2, called for a public hearing on September 19, 2018 to formally consider the approval of the formation of CFD 2018-2, the approval of the special taxes within CFD 2018-2, and the incurring of bonded indebtedness for CFD 2018-2. Notice of the public hearing was published in The Sun and mailed to the property owner within CFD 2018-2 in accordance with the Mello-Roos Act. In connection with the public hearing, Spicer Consulting Group has prepared a CFD Public Hearing Report which describes and analyzes the facilities to be financed by CFD 2018-2 and the estimated costs of such facilities. Following the close of the public hearing, the City Council will be asked to adopt the Resolution of Formation establishing CFD 2018-2 and the Resolution Determining the Necessity to Incur Debt, which together, approves the formation of CFD 2018-2, and the levy of the special taxes in accordance with the Rate and Method of Apportionment for CFD 2018-2 (the “Rate and Method”) and determines the necessity for CFD 2018-2 to issue bonds in an amount not to exceed $5,000,000. Such resolutions call for an election to submit to the qualified voters in CFD 2018-2 ballot measures on the approval of the special taxes, the issuance of the bonds and an appropriations limit for CFD 2018-2. A Certificate of the Registrar of Voters of San Bernardino County certifying that there 25.a Packet Pg. 882 Attachment: FN.CFD 2018-2- Staff Report (5752 : Resolutions Establishing Community Facilities District 2018-2 (Verdemont Ranch) of the City are no registered voters residing within the boundaries of CFD 2018-2 is on file with the City Clerk’s Office. Accordingly, under the Mello-Roos Act, only property owners owning land in CFD 2018-2 are eligible to vote at the election with each owner having one vote for each acre (or portion thereof) that they own within CFD 2018-2. The Developer is the only property owner within the boundaries of CFD 2018-2. The Developer has executed a consent and waiver of certain election procedures, including certain timing requirements with respect to the election, and the City Clerk has executed a certificate concurring to the holding of the election on this date, all in accordance with the Mello - Roos Act. Accordingly, if the City Council approves the Resolution of Formation and the Resolution to Incur Debt, the City Clerk will conduct the election. The City Clerk will announce the election results and the City Council will be asked to adopt the Resolution Certifying the Election Results. Based on certification that two-thirds of the votes cast are in favor of the propositions voted upon, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within CFD 2018-2. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within CFD 2018-2 in accordance with the Rate and Method. Prior to the time that bonds are issued for CFD 2018 -2, the District and the Developer will enter into a Funding Agreement (the “Funding Agreement”). The Funding Agreement will set forth the terms, among others, pursuant to which improvements to be constructed by the City will be financed from proceeds of bonds to be issued by CFD 2018-2 and the disposition of development impact fees paid or to be paid by t he Developer in connection with its project in CFD 2018-2. 2018-19 Goals and Objectives The formation of a community facilities district as described herein is consistent with Goals No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City and No. 6: Operate in a Fiscally Responsible and Business-Like Manner. Creation of the CFD provides a responsible financing mechanism to fund the infrastructure associated with new development within the community. Fiscal Impact The Developer has made a deposit of $40,000 to fund the costs of the formation proceedings which may be reimbursed to the Developer from future bond proceeds. The City will use these funds to pay the cost of the special tax consultant, bond counsel, and to reimburse the City for staff time spent on the formation of CFD 2018-2. The recommended action of the Mayor and City Council is to pay Spicer Consulting Group $20,000 and to pay Stradling Yocca Carlson Rauth an amount not to exceed $20,000 for their services. Annually, CFD 2018-2 will levy special taxes on all of the taxable property within its boundaries in accordance with the Rate and Method in order to reimburse the Developer for the cost of facilities, debt service on bonds and annual administration of the CFD 2018-2. Bonds issued by CFD 2018-2 will not obligations of the City and will be secured solely by the special taxes levied in CFD 2018-2. 25.a Packet Pg. 883 Attachment: FN.CFD 2018-2- Staff Report (5752 : Resolutions Establishing Community Facilities District 2018-2 (Verdemont Ranch) of the City Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 266 establishing Community Facilities District No. 2018-2 (Verdemont Ranch) (CFD 2018-2) of the City of San Bernardino, authorizing the levy of a special tax to pay the cost of acquiring or constructing certain facilities, and to pay debt service on bonded indebtedness within the proposed CFD No. 2018-2 of the City of San Bernardino; and 2. Adopt Resolution No. 267 determining the necessity to incur bonded indebtedness in an amount not to exceed $5,000,000 within the proposed CFD No. 2018-2 of the City of San Bernardino; and 3. Adopt Resolution No. 268 of the Mayor and City Council of the City of San Bernardino, acting as the legislative body of CFD 2018-2 of the City of San Bernardino certifying election results; and 4. Introduce Ordinance No. MC-1507 of the Mayor and City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD 2018 -2 of the City of San Bernardino authorizing the levy of special taxes; and 5. Approve payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth in an amount not to exceed $20,000 for services related to the formation of CFD 2018-2 of the City of San Bernardino. Attachments Attachment 1 Resolution No. 2018 – 266 Establishing CFD 2018-2 Attachment 2 Resolution No. 2018 – 267 Determining the Necessity to Incur Debt Attachment 3 Resolution No. 2018 – 268 Certifying Election Results Attachment 4 Ordinance No. MC -1507 Attachment 5 Public Hearing Report Ward: All Synopsis of Previous Council Actions: Resolutions of Intention adopted on August 15, 2018 25.a Packet Pg. 884 Attachment: FN.CFD 2018-2- Staff Report (5752 : Resolutions Establishing Community Facilities District 2018-2 (Verdemont Ranch) of the City 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has heretofore adopted Resolution No. 2018-240 stating its intention to form Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (“Community Facilities District No. 2018-2” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of Resolution No. 2018-240 setting forth a description of the proposed boundaries of Community Facilities District No. 2018-2, the facilities and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2018-2 and to levy a special tax (the “Special Tax”) and to incur bonded indebtedness in the amount of up to $5,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 2018-240; and WHEREAS, on September 19, 2018, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2018-2, the levy of the Special Tax therein and the issuance of bonded indebtedness by the District; and; WHEREAS, at the September 19, 2018 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the 1 25.b Packet Pg. 885 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO District and an estimate of the cost of such facilities as required by Section 53321.5 of the Act (the “Engineer’s Report”); and WHEREAS, at the September 19, 2018 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2018-2, the levy of the Special Tax and the issuance of bonded indebtedness were heard and a full and fair hearing was held; and WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of facilities (the “Facilities”) and the incidental expenses (the “Incidental Expenses”) set forth in Attachment A hereto, which are described in more detail in the Engineer’s Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed Special Tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the Special Tax and the issuance of bonded indebtedness therein; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of San Bernardino on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2018- 2 for each of the 90 days prior to September 19, 2018 and that the qualified electors in Community Facilities District No. 2018-2 are the landowners within the District; and 2 25.b Packet Pg. 886 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2018-2 and to call an election therein to authorize (i) the levy of Special Tax pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 2018-240 (the “Rate and Method”), (ii) the issuance of bonds to finance the Facilities and Incidental Expenses, and (iii) the establishment of an appropriations limit for Community Facilities District No. 2018- 2; and WHEREAS, in order to facilitate the funding of the Facilities, the legislative body of the District desires to enter into an Acquisition, Construction and Funding Agreement with 17329, LLC, a Delaware limited liability company, the developer within the District, on or prior to the issuance of the bonds for the District; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. A community facilities district to be designated “Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch)” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. 3 25.b Packet Pg. 887 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO SECTION 3. The boundaries of Community Facilities District No. 2018-2 are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2018-2 (Verdemont Ranch) City of San Bernardino, County of San Bernardino, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Section 3111 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor- Recorder-County Clerk’s office of the County of San Bernardino in Book No. 87, Page No. 98 on August 16, 2018 as Instrument No. 2018-0300881. SECTION 4. The types of Facilities and Incidental Expenses authorized to be provided for Community Facilities District No. 2018-2 are those set forth in Attachment A attached hereto. The estimated cost of the Facilities and Incidental Expenses to be financed is set forth in the Engineer’s Report, which estimates may change as the Facilities are designed and bid for construction and acquisition, as applicable. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds and determines that the proposed Facilities are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities to be financed benefit residents of the City and the future residents of the District. SECTION 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a Special Tax at the rates set forth in the Rate and Method on all non-exempt property within the District 4 25.b Packet Pg. 888 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO sufficient to pay for (i) the Facilities, (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the Special Tax, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The Rate and Method is described in detail in Attachment C to Resolution No. 2018-240 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the Special Tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2018-2 will place on the Facilities and on the benefit that each parcel will derive from the right to access the Facilities and, accordingly, is hereby determined to be reasonable. The Special Tax shall be levied on each assessor’s parcel in accordance with the Rate and Method provided, however, that the Special Tax shall not be levied after Fiscal Year 2059-60. The Special Tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property or the assessed value of real property. 5 25.b Packet Pg. 889 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO If Special Taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time, except that it may be increased by an amount not to exceed one percent (1%) per year to the extent permitted in the Rate and Method, (ii) the Special Tax shall not be levied after Fiscal Year 2059-60, and (iii) under no circumstances will the Special Tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The City Manager of the City of San Bernardino, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. SECTION 6. In the event that a portion of the property within Community Facilities District No. 2018-2 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified in the Rate and Method, or in the event of delinquencies in the payment of Special Taxes levied, the City Council shall, on behalf of Community Facilities District No. 2018-2, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2018-2 which is not 6 25.b Packet Pg. 890 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO exempt or delinquent in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities; provided, however, under no circumstances will the Special Tax levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the Special Tax will be set in accordance with the Rate and Method. The obligation to pay Special Taxes may be prepaid only as set forth in Section G of the Rate and Method. SECTION 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the District ceases. SECTION 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2018-2, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2018-2 and will be benefited by the Facilities proposed to be provided within Community Facilities District No. 2018-2. 7 25.b Packet Pg. 891 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO SECTION 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2018-2 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2018-2 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2018-2. SECTION 10. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 11. An election is hereby called for Community Facilities District No. 2018- 2 on the propositions of levying the Special Tax on the property within Community Facilities District No. 2018-2 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness, pursuant to Sections 53351 and 53353.5 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment B. SECTION 12. The date of the election for Community Facilities District No. 2018-2 on the propositions of incurring the bonded indebtedness, authorizing the levy of the Special Tax and establishing an appropriations limit for the District shall be September 19, 2018, or such later date as is consented to by the City Clerk of the City of San Bernardino; provided that, if the 8 25.b Packet Pg. 892 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO election is to take place sooner than 90 days after September 19, 2018, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the close of the public hearing on September 19, 2018. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of San Bernardino insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2018-2. The City Clerk has secured a certificate from the Registrar of Voters of the County of San Bernardino certifying that there were no registered voters within the District as of August 31, 2018. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding September 19, 2018, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2018-2, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain 9 25.b Packet Pg. 893 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO election law requirements and consenting to the holding of the election on September 19, 2018, which waiver is on file with the City Clerk. SECTION 13. The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2018-2. The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. SECTION 14. This Resolution shall be effective upon its adoption. 10 25.b Packet Pg. 894 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the 19th day of September, 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 19th day of September, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 11 25.b Packet Pg. 895 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO ATTACHMENT A Types of Facilities to Be Financed by Community Facilities District No. 2018-2 of the City of San Bernardino The proposed types of public facilities and expenses to be financed by the District include: The construction, purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello- Roos Community Facilities Act of 1982, as amended (the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. B-1 25.b Packet Pg. 896 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. 2 25.b Packet Pg. 897 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO ATTACHMENT B BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) SPECIAL TAX AND SPECIAL BOND ELECTION September 19, 2018 PROPOSITION A: Shall Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) incur an indebtedness and issue bonds in the maximum principal amount of $5,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2018- 240 of the City Council of the City of San Bernardino? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2018-240 of the City Council of the City of San Bernardino be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 2018-240, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2018-19, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) be an amount equal to $2,000,000? YES______ NO_______ 3 25.b Packet Pg. 898 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-266 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) (CFD 2018-2) OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO . 4 25.b Packet Pg. 899 Attachment: FN.CFD 2018-2- Resolution 2018-266 Approving and Authorizing_ (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO WHEREAS, on August 15, 2018, the City Council of the City of San Bernardino (the “City Council”) adopted Resolution No. 2018-240 stating its intention to form Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (“Community Facilities District No. 2018-2” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, on August 15, 2018, the City Council also adopted Resolution No. 2018- 241 stating its intention to incur bonded indebtedness in the amount of up to $5,000,000 within proposed Community Facilities District No. 2018-2 to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Attachment B to Resolution No. 2018-240, and (2) the incidental expenses to be incurred in financing such public facilities and forming and administering the District, as identified in Attachment B to Resolution No. 2018-240; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2018-2 and to incur bonded indebtedness in the amount of up to $5,000,000 within the boundaries of proposed Community Facilities District No. 2018-2; and WHEREAS, on September 19, 2018, this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2018-2, issue bonds to pay for the facilities and incidental expenses described in Resolution No. 2018-240 and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 2018-2 for the purposes described in Resolution No. 2018-240; and 1 25.c Packet Pg. 900 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2018-2, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 2018- ___ establishing Community Facilities District No. 2018-2 (the “Resolution of Formation”) and authorizing the financing of the public facilities (the “Facilities”) and the incidental expenses (the “Incidental Expenses”) described in Attachment B thereto; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of a proposition to issue bonded indebtedness to the voters of the District, being the landowners within the proposed District, all as authorized and required by law BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $5,000,000 within Community Facilities District No. 2018-2. SECTION 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities and financing the Incidental Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of Community Facilities District No. 2018-2, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and 2 25.c Packet Pg. 901 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO paying remarketing, credit enhancement and liquidity facility fees and other expenses of the type authorized by Section 53345.3 of the Act. SECTION 3. The whole of the property within Community Facilities District No. 2018- 2, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to Resolution No. 2018-240 as Attachment C, shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. SECTION 4. The maximum term of the bonds to be issued shall in no event exceed thirty-five (35) years. SECTION 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. SECTION 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable provision of law limiting the maximum interest rate on the bonds. SECTION 7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities District No. 2018-2 on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $5,000,000 shall be in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the election 3 25.c Packet Pg. 902 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO shall be consolidated with the special election called on the proposition of levying a special tax within the District as described in the Resolution of Formation, which proposition shall be in the form of Proposition B set forth in Attachment A, and on the proposition of establishing an appropriations limit for the District, which proposition shall be in the form of Proposition C set forth in Attachment A. SECTION 8. The date of the special election for Community Facilities District No. 2018-2 on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax and setting an appropriations limit shall be September 19, 2018, or such later date as is consented to by the City Clerk of the City; provided that, if the election is to take place sooner than 90 days after September 19, 2018, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing on September 19, 2018. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of San Bernardino insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation, and this resolution and all ballots shall be received by and the City Clerk shall close the election by 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2018-2. The City Clerk has secured a certificate of the Registrar of Voters 4 25.c Packet Pg. 903 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO of the County of San Bernardino certifying that there were no registered voters within the District as of August 31, 2018. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding September 19, 2018, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2018-2, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on September 19, 2018, which waiver is on file with the City Clerk. SECTION 9. This Resolution shall be effective upon its adoption. /// /// /// /// /// /// /// /// /// /// /// 5 25.c Packet Pg. 904 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-267 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the 19th day of September, 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 19th day of September, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 6 25.c Packet Pg. 905 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) SPECIAL TAX AND SPECIAL BOND ELECTION September 19, 2018 PROPOSITION A: Shall Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) incur an indebtedness and issue bonds in the maximum principal amount of $5,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2018- 240 of the City Council of the City of San Bernardino? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2018-240 of the City Council of the City of San Bernardino be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 2018-240, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2018-19, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) be an amount equal to $2,000,000? YES______ NO_______ 25.c Packet Pg. 906 Attachment: FN.CFD 2018-2- Resolution 2018-267 Necessity to Incur Debt (5752 : Resolutions Establishing Community Facilities District 2018-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-268 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO CERTIFYING ELECTION RESULTS WHEREAS, the City Council of the City of San Bernardino called and duly held an election on September 19, 2018 within the boundaries of Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (“Community Facilities District No. 2018-2” or the “District”) pursuant to Resolution Nos. 2018-__ and 2018-__ for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. Propositions A, B and C presented to the qualified electors of the District on September 19, 2018 were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $5,000,000 specified in Proposition A. SECTION 3. The City Clerk is hereby directed to record in the Assessor-Recorder- County Clerk’s office of the County of San Bernardino within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 1 25.d Packet Pg. 907 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-268 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO CERTIFYING ELECTION RESULTS SECTION 4. This Resolution shall be effective upon its adoption. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 25.d Packet Pg. 908 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-268 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO CERTIFYING ELECTION RESULTS /// /// 3 25.d Packet Pg. 909 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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. 2018-268 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO CERTIFYING ELECTION RESULTS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the 19th day of September, 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 19th day of September, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 4 25.d Packet Pg. 910 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) SPECIAL TAX AND SPECIAL BOND ELECTION September 19, 2018 PROPOSITION A: Shall Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $5,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2018-240 of the City Council of the City of San Bernardino? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2018-240 of the City Council of the City of San Bernardino be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 2018-240, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2017-18, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2018-2 be an amount equal to $2,000,000? YES______ NO_______ A-1 25.d Packet Pg. 911 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that I have examined the returns of the Special Tax and Special Bond Election for Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino. The election was held in the San Bernardino City Council Chambers at 201 North “E” Street, San Bernardino, California, on September 19, 2018. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A PROPOSITION B PROPOSITION C YES: YES: YES: NO: NO: NO: TOTAL: TOTAL: TOTAL: Dated this 19th day of September, 2018. Georgeann Hanna Georgeann Hanna, City Clerk City of San Bernardino B-1 25.d Packet Pg. 912 Attachment: FN.CFD 2018-2- Resolution 2018-268 Certifying Election Results (5752 : Resolutions Establishing Community Facilities District 1 2 3 4 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-1507 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on August 15, 2018, the City Council (the “City Council”) of the City of San Bernardino (the “City”) adopted Resolution No. 2018-240 declaring its intention to form Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 2018-241 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on September 19, 2018, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 2018-266 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $5,000,000 of bonded indebtedness as described in Resolution No. 2018-267; and; WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 2018-266 and to secure the payment of up to $5,000,000 of bonded indebtedness of the District as described in Resolution No. 2018-267 (the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on September 19, 2018, the City Council adopted Resolution Nos. 2018- 266 and 2018-267 which formed the District and called a special election within the District on September 19, 2018 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and 1 25.e Packet Pg. 913 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes (5752 : Resolutions Establishing Community Facilities 1 2 3 4 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-1507 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on September 19, 2018, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2018-266, the issuance of the Bonds as described in Resolution No. 2018-267 and establishing an appropriations limit for the District; and THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ORDAINS AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2018-240, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District. SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and 2 25.e Packet Pg. 914 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes (5752 : Resolutions Establishing Community Facilities 1 2 3 4 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-1507 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES directed to provide all necessary information to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to Special Tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2018- 266 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. SECTION 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2018-266. SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. 3 25.e Packet Pg. 915 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes (5752 : Resolutions Establishing Community Facilities 1 2 3 4 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-1507 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES SECTION 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. SECTION 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Sun, a newspaper of general circulation published and circulated in the City of San Bernardino. SECTION 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. SECTION 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. SECTION 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. SECTION 12. This Ordinance shall take effect thirty days after its final passage. 4 25.e Packet Pg. 916 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes (5752 : Resolutions Establishing Community Facilities 1 2 3 4 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-1507 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD 2018-2 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES 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, City Clerk The foregoing Ordinance is hereby approved this __ day of _________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 5 25.e Packet Pg. 917 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes (5752 : Resolutions Establishing Community Facilities CITY OF SAN BERNARDINO Public Hearing Report CFD 2018-2 (VERDEMONT RANCH) SEPTEMBER 19, 2018 25.f Packet Pg. 918 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 Table of Contents Sections Page _____________________________________________ 1 Introduction ________________________________________________ 1 2 Description of Facilities ______________________________________________ 2 3 Cost Estimate ________________________________________________ 3 4 Proposed Development _____________________________________________ 4 5 Rate and Method of Apportionment ____________________________________ 5 6 Certifications ________________________________________________ 6 Tables Page 3-1 Cost Estimate - Facilities ____________________________________________ 3 Appendices Page _____________________________________________ A Rate and Method of Apportionment _____________________________________ B Boundary Map _________________________________________________ C Resolution of Intention _______________________________________________ 25.f Packet Pg. 919 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 1 Introduction Page | 1 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report Background On August 15, 2018, the City Council of the City of San Bernardino (the “City”), adopted a Resolution of Intention to form Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “CFD No. 2018-2” or “District”), Resolution No. 2018-240, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (the “Act”). The CFD No. 2018-2 is currently comprised of Tract Map No. 17329 that includes seven undeveloped parcels and approximately 31 gross acres. The proposed development includes 74 single family detached homes. The properties are generally located north of the W. Meyers Road and N. Magnolia Avenue Intersection. For a map showing the boundaries of CFD No. 2018-2 please see Appendix B. Purpose of Public Hearing Report WHEREAS, this Community Facilities District Report (“Report”) is being provided to the City Council and generally contains the following: 1. A brief description of CFD No. 2018-2; 2. A brief description of the Facilities and Services required at the time of formation to meet the needs of CFD No. 2018-2. 3. A brief description of the Boundaries of CFD No. 2018-2; and 4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in Appendix C. 25.f Packet Pg. 920 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 2 Description of Facilities Page | 2 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed responsible officer, or person directed to prepare the Public Hearing Report, does hereby submit the following data: Facilities A Community Facilities District may pay for facilities which may include all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied, provide for the purchase, construction, expansion, or rehabilitation for any real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development and/or rehabilitation occurring within the District. The types of facilities that are proposed by CFD No. 2018-2 and financed with the proceeds of special taxes and bonds issued by CFD No. 2018-2 consist of the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a) The cost of engineering, planning and designing the Facilities; and b) All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c) Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. Incidental Expenses The Incidental Expenses to be paid from bond proceeds and/or special taxes include: All costs associated with the creation of CFD No. 2018-2, the issuance of bonds, the determination of the amount of special taxes to be levied, costs incurred in order to carry out the authorized purposes of CFD No. 2018-2, including legal fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2018-2 and any obligations. The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature. The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change or modification in the proceedings relating to CFD No. 2018-2. Bond Authorization Amounts The maximum authorized bonded indebtedness is $5,000,000 for CFD No. 2018-2. 25.f Packet Pg. 921 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 3 Cost Estimate Page | 3 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report Below is the estimated cost of facilities to be provided to the District. a) The cost estimate of facilities, including incidental expenses, to be financed through the issuance of CFD No. 2018- 2 Bonds is estimated to be $2,128,300 based upon current dollars (Fiscal Year 2018-19). b) The total facilities eligible to be funded by bond proceeds is $2,214,235, a summary of the facilities is detailed in the table below. c) Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2018-2 may be used only to pay for the cost of providing public facilities, services, and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. The incidental expenses associated with the annual administration of CFD No. 2018-2 are estimated to be $25,000. However, it is anticipated that the incidental expenses will vary due to inflation and other factors that may not be foreseen today, and the actual incidental expenses may exceed these amounts accordingly. Table 3-1 Cost Estimate - Facilities Facility Cost City Facilities Transportation Facilities $197,428 Storm Facilities $290,517 Verdemont Palm Box Culvert Signal $22,577 Law Enforcement Facilities $47,291 Library Facilities $47,204 Aquatic Facilities $24,132 City Hall $80,626 Parkland and Open Space Facilities $704,322 Sewer Facilities $399,798 Water Facilities $400,340 Grand Total Eligible Facilities $2,214,235 25.f Packet Pg. 922 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 4 Proposed Development Page | 4 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report The CFD No. 2018-2 includes approximately 31 gross acres on seven undeveloped properties within Tract 17329. The District is located north of the W. Meyers Road and N. Magnolia Avenue Intersection. As of Fiscal Year 2018-19 the proposed CFD No. 2018-2 includes the following Assessor's Parcel Numbers: 0261-031-10, 0261-031-11, 0261-062-11, 0261-062-12, 0261-062-13, 0261-062-14, and 0348-111-52. A map showing the boundaries of CFD No. 2018-2 is included in Appendix B. 25.f Packet Pg. 923 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 5 Rate and Method of Apportionment Page | 5 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report The Rate and Method of Apportionment allows each property owner within CFD No. 2018-2 to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method”). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations, and provided further that CFD No. 2018-2 may covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act. All of the property located within CFD No. 2018-2, unless exempted by law or by the Rate and Method proposed for CFD No. 2018-2, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2018-2 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on the benefit received by property, the cost of making facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section G of the Rate and Method (“Prepayment of Special Tax”). For each year that any Bonds are outstanding the Special Tax shall be levied on all parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse CFD No. 2018-2 for uncollected Special Taxes associated with the levy of such Special Taxes, but the Special Tax shall not be levied after 2059-2060 Fiscal Year. For particulars as to the Rate and Method for CFD No. 2018-2, see the attached and incorporated in Appendix A. 25.f Packet Pg. 924 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 6 Certifications Page | 6 City of San Bernardino CFD No. 2018-2 (Verdemont Ranch) Public Hearing Report Based on the information provided herein, it is my opinion that the described facilities and services herein are those that are necessary to meet increased demands placed upon the City of San Bernardino as a result of development occurring within the CFD No. 2018-2 and benefits the lands within said CFD No. 2018-2. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary. Date: September 19, 2018 SPICER CONSULTING GROUP, LLC __________________________ SHANE SPICER SPECIAL TAX CONSULTANT FOR CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY STATE OF CALIFORNIA 25.f Packet Pg. 925 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 APPENDIX A Rate and Method of Apportionment 25.f Packet Pg. 926 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2018‐2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) ("CFD No. 2018‐2"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2018‐2 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello‐Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2018‐2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes A to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2018‐2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2018‐2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2018‐2 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2018‐2 for any other administrative purposes of CFD No. 2018‐2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before June 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. 25.f Packet Pg. 927 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 2 "Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. "Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long‐term leases, loans from gov ernment agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long‐term contracts, or any refunding thereof, to which Special Tax within CFD No. 2018‐2 have been pledged. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel. "Calendar Year" means the period commencing January 1 of any year and ending t he following December 31. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2018‐2" means Community Facilities District No. 2018‐2 (Verdemont Ranch) established by the City under the Act. “City” means the City of San Bernardino. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2018‐2, or its designee. “Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 1352. "County" means the County of San Bernardino. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being 25.f Packet Pg. 928 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 3 levied, and (ii) a Building Permit for new construction was issued on or before June 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 1352 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2018‐2 in any Fiscal Year on any Assessor’s Parcel. “Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non‐Residential Property" or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1. “Proportionately” means for Taxable Property for Special Tax that is (i) Develope d Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. 25.f Packet Pg. 929 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 4 "Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2018‐2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2018‐2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐2, which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. B. SPECIAL TAX Commencing Fiscal Year 2019‐2020 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2019‐2020, each Assessor’s Parcel within CFD No. 2018‐2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non‐ Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property, or Multifamily Property. Each Assessor’s Parcel of Single Family Residential 25.f Packet Pg. 930 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 5 Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate. D. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non‐Residential Property or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property, or Non‐Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2019‐2020 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 2,500 sq. ft $2,567 2. Single Family Residential Property RU 2,500 sq. ft to 2,800 sq. ft $2,708 3. Single Family Residential Property RU 2,801 sq. ft to 3,100 sq. ft $2,779 4. Single Family Residential Property RU Greater than 3,100 sq. ft $2,892 5. Multifamily Property Acre N/A $9,997 6. Non‐Residential Property Acre N/A $9,997 On each July 1, commencing July 1, 2020, the Assigned Special Tax rate for Developed Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall be $2,739 per unit. This Backup Special Tax has been established based on the land use configurations shown on the Final Map. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $9,997 per Acre. 25.f Packet Pg. 931 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 6 In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $9,997 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non‐Residential Property. On each July 1, commencing July 1, 2020, the Backup Special Tax rate shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. 2. Approved Property The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above. The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non‐Residential Property shall be $9,997 per Acre. On each July 1, commencing July 1, 2020, the Maximum Special Tax rate for Approved Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. 3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $9,997 multiplied by the Acreage of such Assessor’s Parcel. On each July 1, commencing July 1, 2020, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2019‐2020 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. 25.f Packet Pg. 932 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 7 Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 1 00% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 22.53 Acres. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 22.53 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 22.53 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: “CFD Public Facilities” means $2,300,000 expressed in 2019 dollars, which shall increase by the Construction Inflation Index on July 1, 2020, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2018‐2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. 25.f Packet Pg. 933 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 8 “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2018‐2. “Construction Inflation Index” means the annual percentage change in the Engineering News‐Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News‐ Record Building Cost Index for the city of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non‐ refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount 25.f Packet Pg. 934 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 9 The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owner’s Association Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel. 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”). 12. Verify the administrative fees and expenses of the CFD, inc luding the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the 25.f Packet Pg. 935 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 10 “Administrative Fees and Expenses”). 13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case‐by‐case basis as specifically approved by the City Council. 2. Prepayment in Part The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((PE –A) x F) +A These terms have the following meaning: 25.f Packet Pg. 936 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 11 PP = Partial Prepayment Amount PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 ‐ F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2059‐2060 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2018‐2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2018‐2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2018‐ 2 have been satisfied. I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2018‐2 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. J. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator 25.f Packet Pg. 937 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 City of San Bernardino Community Facilities District No. 2018‐2 (Verdemont Ranch) Page 12 agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. 25.f Packet Pg. 938 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 APPENDIX B Boundary Map 25.f Packet Pg. 939 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 940 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 APPENDIX C Resolution of Intention 25.f Packet Pg. 941 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 942 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 943 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 944 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 945 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 946 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 947 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 948 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 949 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 950 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 951 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 952 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 953 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 954 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 955 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 956 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 957 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 958 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 959 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 960 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 961 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 962 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 963 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 964 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 965 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2 25.f Packet Pg. 966 Attachment: FN.CFD 2018-2- Public Hearing Report- (Verdemont Ranch) (5752 : Resolutions Establishing Community Facilities District 2018-2