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HomeMy WebLinkAbout10/17/2018 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, OCTOBER 17, 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 -OUNCIL MEMBER,WARL MAYOR COUNCIL MEMBER,WARD 7 Benito Barrios ARDI Andrea M. Miller COUNCIL MEMBER,WARD 2 � 0 CITY MANAGL John Valdivia �4' ' Gary D. Saenz COUNCIL MEMBER,WARD 3 CITY ATTORNEY Fred Shorett - Georgeann "Gi i" Hanna ov COUNCIL MEMBER,WARD 4 CITY CLERK r4 tr Henry Nickel ~� � �~ David Kennedy COUNCIL MEMBER,WARD 5 f r 0 CITY TREASURER Bessine L. Richard D I� 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(o)sbcity.orp 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. Joint Regular Meeting Revised Agenda October 17, 2018 o Please turn off or mute your cell phone while the meeting is in session. Mayor and City Council of the City of San Bernardino Page 2 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 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 Andrew Strebel v. City of San Bernardino, WCAB Claim No. CSBY-8882 Robert Evans v. City of San Bernardino, WCAB Claim No. CSBY-9855 David Pel v. City of San Bernardino, WCAB Claim No. CSBY-1027 William Beaumont v. City of San Bernardino, WCAB Case Nos. ADJ733149-1 ADJ8113482-1 and ADJ10282129 Arnold Mathias v. City of San Bernardino, WCAB Case Nos. ADJ 11173952 and ADJ10646820 Isaac Horn v. City of San Bernardino, WCAB Case No. ADJ 10128925 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): (1) Item INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Personnel Commission Appointment Recommendation: Approve the appointment of Ms. Rosina L. Motta to the Personnel Commission. 2. Library Board Reappointment Recommendation: Approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. 3. Library Board Reappointment Recommendation: Approve the reappointment of Dr. Milton Clark to the Library Board. 4. Library Board Reappointment Recommendation: Approve the reappointment of Mr. Thomas G. Rennard to the Library Board. PRESENTATIONS Issuance of Proclamation(s): Proclamation in Honor of the San Bernardino Symphony's 90th Anniversary 4B. Youth Recognition — Tais Peralta, Middle College High School — Council Member Valdivia 5. Citizen of the Month — Valerie Uribe — 2nd Ward Council Member Benito J. Barrios 6. Chamber of Commerce & Local Elected Officials Announcements Mayor and City Council of the City of San Bernardino Page 4 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 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(a�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. 7. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated October 17, 2018. 8. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for September 2018. 9. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meetings of September 19, 2018 and October 3, 2018. 10. Agreement with Michael Baker International (MBI) for Professional Engineering Services Recommendation: Authorize the award of a Consultant Services Agreement with Michael Baker International (MBI) for Professional Engineering Services for Citywide Street Lighting Master Plan (TC18-002) and authorize the Director of Finance to issue a purchase order in the amount of$250,000. Mayor and City Council of the City of San Bernardino Page 5 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 11. Agreement with KOA Corporation for Engineering Design Services for Traffic Signal Improvements Recommendation: Authorize the award of a Consultant Services Agreement with KOA Corporation for Engineering Design Services for three (3) traffic signals: (TC19- 005), (TC19-006) & (TC19-007), and two (2) traffic signal interconnect/communication systems: (TC19- 012) & (TC19-013), and authorize the Director of Finance to issue a purchase order in the amount of $80,090. 12. Guardrail Maintenance, Repair, and Installation Services Agreement Recommendation: Adopt Resolution No. 2018-282 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual service agreement for guardrail maintenance, repair, and installation with C&W Construction Specialties, Inc. 13. Plan No. 13241 - Proposed Street Vacation of a Portion of Little Mountain Drive, South of Little Mountain Court, West of 27th Street — Authorization to Proceed Recommendation: Authorize staff to proceed with the investigation and analysis for the proposed street vacation for Plan No. 13241 . 14. Issuance of an Annual Purchase Order to Safeway Signs Company Recommendation: Adopt Resolution No. 2018-283 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual purchase order with Safeway Signs Company for the Purchase of traffic signs and materials. 15. Establish Residential Parking Permit Program on Lee Street between Tippecanoe Avenue and Conejo Drive Recommendation: Adopt Resolution No. 2018-284 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, "A Resolution... Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof..." to establish a no parking, except by Permit, at any time zone on Lee Street between Tippecanoe Avenue and Conejo Drive. Mayor and City Council of the City of San Bernardino Page 6 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 16. Award of Construction Contract for Infill Housing Street and Sidewalk Improvements Project to All American Asphalt Recommendation: Authorize an Award of Construction Contract to All American Asphalt, in the amount of $1,423,875 for the Infill Housing Street and Sidewalk Improvement project; authorize the City Manager to execute a construction contingency in the amount of $136,125; authorize the Finance Director to amend the FY 2018/19 Adopted Budget to allocate Measure I Funds to the Infill Housing Street and Sidewalk Improvement project; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 17. Amendment No. 1 to Subgrant Agreement for the Conduct of an Emergency Solutions Grant Project with Step Up on Second Street, Inc. Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Subgrant Agreement for Emergency Solutions Grant with Step Up on Second Street, Inc. and authorize the City Manager or designee to take further actions to execute additional documents as necessary to effectuate the agreement. 18. September 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in September 2018. 19. Amend the FY 2018/19 Adopted Budget to Implement the Approved Elected Official Compensation Recommendation: Adopt Resolution No. 2018-292 of the Mayor and City Council of the City of San Bernardino, California, amending the FY 2018/19 Adopted Budget. 20. First Amendment to Agreements with Keller Williams Realty Redlands for Listing for Sale of Certain Real Property Assets Recommendation: 1 . Adopt Resolution No. 2018-288 of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset, and approving certain related actions, and Mayor and City Council of the City of San Bernardino Page 7 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 2. Adopt Resolution No. 2018-293 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell certain Successor Agency-owned real property assets and approving certain related actions. 21. Agreement with County for Cancellation of Taxes on 108 Parcels of Real Property Recommendation: 1 . Adopt Resolution No. 2018-289 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions, and 2. Adopt Resolution No. 2018-291 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions. 22. Crime Free Rental Housing Property Update Recommendation: Receive and file the Crime Free Rental Housing Property Update. 23. Hometown Heroes Military Banner Agreement to Appropriate Funds for the Purchase of Hometown Heroes Military Banners Recommendation: Approve a budget amendment appropriating donated funds totaling $8,753.40 from the Hometown Heroes Military Banner Trust account for the purpose of purchasing Military Banners and authorize the Director of Finance to issue a purchase order for the purchase of Military Banners. Mayor and City Council of the City of San Bernardino Page 8 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 24. Adoption of Resolution No. 2018-294 Relating to Deferral of Certain Development Impact Fees Recommendation: Adopt Resolution No. 2018-294 of the Mayor and City Council of the City of San Bernardino, California, relating to the deferral of certain development impact fees and repealing Resolution No. 2010-267. STAFF REPORTS 25. Southern California Association of Governments Legislative Update Recommendation: Receive an oral report by Council Member Mulvihill. 26. Establishing San Bernardino Arts Fest 2019 as a City Sponsored Event Recommendation: Adopt Resolution No. 2018-290 of the Mayor and City Council of the City of San Bernardino, California, establishing San Bernardino Arts Fest 2019 as a City sponsored event. 27. Procedures for Filling Mayoral and City Council Vacancies Recommendation: 1 . Adopt Urgency Ordinance No. MC-1508 (URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR FILLING CITY COUNCIL AND MAYOR VACANCIES) Establishing Procedures for Filling City Council and Mayoral Vacancies and Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1509 (ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR FILLING CITY COUNCIL AND MAYOR VACANCIES) Establishing Procedures for Filling City Council and Mayoral Vacancies; or 2. Review, discuss, and provide direction to staff regarding the desired procedures for filling City Council and Mayoral vacancies. Mayor and City Council of the City of San Bernardino Page 9 Printed 10/17/2018 Joint Regular Meeting Revised Agenda October 17, 2018 28. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 7, 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 October 17, 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, October 12, 2018. 1 declare under the penalty of perjury that the foregoing is true and correct. Georgeann "Gigi" Hanna, WC, 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. Mayor and City Council of the City of San Bernardino Page 10 Printed 10/17/2018 D �$�RKARp��o o ' Appointment r � City of San Bernardino a' Request for Council Action Q ED iiy t$� >_ E O Date: October 17, 2018 Q a To: Honorable Mayor and City Council Memberss .y From: R. Carey Davis, Mayor E E By: Renee Brizuela, Administrative Assistant to City Council 0 as Subject: Personnel Commission Appointment c P L Q Recommendation a Approve the appointment of Ms. Rosina L. Motta to the Personnel Commission. ti ti Background The Personnel Commission was established under Charter Section 604 and is o responsible for hearing appeals of disciplinary action filed by classified City employees. .y The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve , without compensation. Q E E Mayor, City Council and City Manager Goals and Objectives Q The proposed commission appointment aligns with Goal Number 5 Improving City a Government Operations by implementing the city charter and appointing commissioners c to the citizen advisory boards with clearly defined roles. U, Mn E Conclusion >_ Approve the appointment of Ms. Rosina L. Motta to the Personnel Commission. as Fiscal Impact o None L as a U Attachments Attachment 1 — Commission application — Ms. Rosina L. Motta ; Q E a Packet Pg. 11 CttY Coo CIL 0FF1 ���rinxro� CITY Or SA 4 BERNARbwo _ San Bernardino C Ts AUG , BOARDS, COMMISSIONS, & CITIZEN ADVISORY Date Received,For • ti Official Use Only +r D ITS COMMITTEES E BOARD(S),COMMISSION(S),AND/OR CITIZEN ADVISORY COMMITTEES)APPLYING FOR: 0 1 Personnel Commission 3, 0 N rn E 2. 4. E U d c LAST NAME FIRST NAME M.I. 0 rn L d Motta Rosina L a. N ti HOME ADDRESS ZIP PHONE (HOME) .... 92411 °r (MOBILE) EMPLOYER JOB TITLE EMAIL ADDRESS LI SB County Workforce Development Staff Analyst BUSINESS ADDRESS ZIP BUSINESS PHONE 0 92415 J U) 0 tY Length of residence in the City of Are you a registered voter of the City Which ward do you reside in? San Bernardino of San Bernardino? 0 � 4 Years ■Yes ■ I ■ 3 ■ 5 . 7 .CL 2 Q. 1 Months ■No ■2 ■ c 4 ■ 6 `° 0 N T) Whv you want to serve on a city board or commission: E E I would like to represent my ward in support of decisions made affecting the entire City. �j U U Q E t v Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 1 of 3 Updated:May 24,2018 Packet Pg. 12 D What do you consider to be three (3)major assets that would qualify you for selection to this board, commission,or citizen advisory committee: 1•Experience in human resources related matters E 0 Q. Q. Q 2.The ability to make fair and unbiased decisions 0 N E E O 3.A clear understanding of the confidential nature the role requires U d c c O L d IL Experience orspecial knowledge pertaining to area(s) of interest: 0; ti Several years of experience in human resources and personnel z3 d cc z3 Q LI O cc Educational background: Masters in Organizational Leadership cc Bachelors in Business Administration O J cc C N O C Occu ational experience: c Over 16 years in the private sector and nearly 3 years in the public sector Q CL c 0 N U) E E O Professional or technical organization memberships: U U U Q E t v Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 2 of 3 Updated:May 24,2018 Packet Pg. 13 D Civic or community experience, memberships, or previous public service a)pointments: Elected Official Compensation Commissioner-Ward 1 d E 0 CL OPTIONAL0- Q How would you classify yourself? (Optional) ° ■American Indian/Alaskan Native■African American/Black ■Asian E 0 U ■Hispanic/Latino ■Native Hawaiian/Pacific Islander .White c 0 ■Two or more of the above categories 0 a What is your gender? (Optional) ti ti ■ Female Lr Other/Prefer to self-describe Q ■ Male cc Q Are you a person with a disability? (Optional) 0 cc ■ Yes No 0 Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process. N The information provided is factual to the best of my knowledge. I understand that I may be �° required to complete a Statement of Economic Interests Form as required by law, and that I will abide by all the codes, ordinances, and regulations of the City of San Bernardino and the State of California. cc .Q 0. Rosina Motta Digitally signed 08/27/2018 0 SIGNATURE DATE vi E Return to: The City of San Bernardino Council Office 0 Electronically: Council(Osbcity.orU By Mail: 290 North D Street, San Bernardino, CA 92401 In Person: 290 North D Street, 1St Floor—City Information Center, San Bernardino, CA 92401 E *Attach a resume and/or additional information which you feel will assist the Mayor and City Council in their selection. a Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 3 of 3 Updated:May 24,2018 Packet Pg. 14 D �$�RKARp��o o ' Appointment r � City of San Bernardino Request for Council Action ED d E Date: October 17, 2018 S 0 CL CL To: Honorable Mayor and City Council Members From: R. Carey Davis, Mayor By: Renee Brizuela, Administrative Assistant to City Council m Subject: Library Board Reappointment J Recommendation M ti ti Approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. Background E The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the J Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance. > The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four year term. 0 'o CL CL Mayor, City Council and City Manager Goals and Objectives a The proposed commission appointment aligns with Goal Number 5 Improving City c Government Operations by implementing the city charter and appointing commissioners m to the citizen advisory boards with clearly defined roles. L Conclusion J U Approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. Fiscal Impact Q None Attachments a Attachment 1 — Commission application — Ms. Valerie A. Lichtman Packet Pg. 15 D San Bernardino L Y , tJP CIw C�i :3C� BOARDS, COMMISSIONS, & CITIZEN ADVISOR-91fy OF AIcial Use 05)YK COMMITTEES 18 SEP 14 PM ` ` 52 E BOARD(S),COMMISSION(S),AND/OR CITIZEN ADVISORY COMMITTEE(S)APPLYING FOR: O I Library Board of Trustees 3 L 2. 4. m° L LAST NAME FIRST NAME M.I. J M ti ti Lichtman Valerie A. d HOME ADDRESS ZIP PHONE (HoME) d 92404 (MOBILE) L I O A EMPLOYER JOB TITLE EMAIL ADDRESS ti Retired ' c E BUSINESS ADDRESS ZIP BUSINESS PHONE J Q N L Length of residence in the City of Are you a registered voter of the City Which ward do you reside in? c San Bernardino of San Bernardino? 34 years Yes 1 0 3 0 5 0 7 a 3 Months No 0 204060 0 E Why you want to serve on a city board or commission: E 0 San Bernardino has so many problems,some caused by its bankruptcy.I want to help renew the city and improve U its image. V d E Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 1 of 3 Ir^ Packet Pg. 16 1 What do you consider to be three (3) major assets that would qualify you for selection to this board, commission, or citizen advisory committee: 1. c I have spent some 40 years working in libraries and have a Library Science degree. E E 0 2. Q' a� Libraries are a gift from the dead. They are the institutions that preserve our history,culture and knowledge. As such,they are in themselves educational institutions.I strongly believe in the mission of libraries and will work to help them accomplish this mission. 0 00 3. �. Libraries serve all of our citizens regardless of economic status,gender,race and education;I am pleased that libraries act as a melting pot and want to help maintain this aspect of library service. J c� ti ti Ex erience orspecial knowledge pertaining to area(s) of interest: My education and experience are documented elsewhere in this application Q LI 0 C� C ti Educational background: E Bachelor of Science Degree,University of Pittsburgh,Pittsburgh,PA. Master's of Library Science,University of Washington,Seattle,WA. J Q d L d Occu ational experience: o District Librarian,Rim of the World Unified School District,CA 2 Teacher,Rim of the World Unified School District,CA School Librarian,Kent School District,Kent,WA 0 N rn E E 0 U Professional or technical organization memberships: ci U American Library Association,California School Library Association,CTA/NEA Retired Teacher's Assoc. Q E Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 2 of 3 Updated:March 28,2018 Packet Pg. 17 i Civic or community experience, membershi s or previous public service appointments: North End Neighborhood Association Board Member,San Bernardino Community College District Bond Oversight Committee Member,San Gorgonio Service Center Retired Teacher's Association Board Member,League of Women Voters Member. d E E OPTIONAL Q. 0. How would you classify yourself? (Optional) L American Indian/Alaskan NativeAfrican American/Black Asian 0 0 m [)Hispanic/LatinoNative Hawaiian/Pacific Islander White J Two or more of the above categories M ti ti What is your gender? (Optional) d Female Other/Prefer to self-describe d Male Li 0 Are you a person with a disability? (Optional) ti ID Yes C!)No E Applications are screened on the basis of information submitted and may be subject to a J Livescan as part of the application process. R �L d The information provided is factual to the best of my knowledge. I understand that I may be > required to complete a Statement of Economic Interests Form as required by law, and that I will r- abide by all the codes, ordinances, and regulations of the City of San Bernardino and the State of 0 California. 2 .Q 0. o C///; lzol o SIGNATURE DATE N E E Return to: The City of San Bernardino Council Office 0 U Electronically: Council(a),sbcity.org v By Mail: 290 North D Street,San Bernardino, CA 92401 In Peison: 290 North D Street, 1St Floor—City Information Center, San Bernardino, CA 92401 *Attach a resume and/or additional information which you feel will assist the Mayor and City .2 Council in their selection. a Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 3 of 3 Updated:August 29,2018 Packet Pg. 18 D NAR�,�o o Appointment r � �= City of San Bernardino Request for Council Action Date- October 17, 2018 Q E E To: Honorable Mayor and City Council Members 0 CL CL From: R. Carey Davis, Mayor By: Renee Brizuela, Administrative Assistant to City Council 0 m Subject: Library Board Reappointment L L Recommendation Approve the reappointment of Dr. Milton Clark to the Library Board. ti Background L The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and ° regulations applicable to library services; and administering such additional matters as may be determined by ordinance. o The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a two year Q term. a L Mayor, City Council and City Manager Goals and Objectives m The proposed commission appointment aligns with Goal Number 5 Improving City Government Operations by implementing the city charter and appointing commissioners 2 to the citizen advisory boards with clearly defined roles. i U U Conclusion Approve the reappointment of Dr. Milton Clark to the Library Board. Q E Fiscal Impact None a Attachments Attachment 1 — Commission application — Dr. Milton Clark Packet Pg. 19 D ASD■�F, CIT Y AUNCIL. OF'Clr: SCity of CITY OF SAN BERW�lh an Bernardino -18 AL G BOARDS, COMMISSIONS, & CITIZEN ADVISORY Date Received,For •� � COMMITTEES Official Use Onh BOARD(S),COMMISSION(S),AND/OR CITIZEN ADVISORY COMMITTEE(S)APPLYING FOR: E .r- Library Library Board 3. Q. 0. d 2. 4. 0 m LAST NAME FIRST NAME M.I. J Clark Milton ti ti HOME ADDRESS ZIP PHONE (HOME) V 92404 (MOBILE) N EMPLOYER JOB TITLE EMAIL ADDRESS LI 0 a Retired BUSINESS ADDRESS ZIP BUSINESS PHONE V c O 0 Length of residence in the City of Are you a registered voter of the City Which ward do you reside in? 0 San Bernardino of San Bernardino? a 63 Years Yes ■ 1 030507 C c Months No ■2 ■ 4 ■ 6 0 N E Whou want to serve on a city board or commission: 0 I have served on the Library Board since 2005. We made it through the bankruptcy,and I want to see what we can V do as the city emerges from bankruptcy. Q E Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page I of 3 Updated:May 24,2018 Packet Pg. 20 D What do you consider to be three(3)major assets that would qualify you for selection to this board, commission, or citizen advisory committee: 1•My 13 years prior service on the Board including 11 years as President of the Library Board of Trustees. Q E 0 2.My nearly lifelong residency in San Bernardino which demonstrates my commitment to the community,and a Q desire to help San Bernardino reach its potential. L 3. 0 m L J Experience orspecial knowledge pertaining to areas of interest: ti I spent 16 years as a senior administrator at California State University,San Bernardino. While serving in that role, I developed significant skills in managing people,and I developed relationships throughout the city that will benefit the library. Q LI 0 C� C Educational background: L Virtually all of my education was gained in this area. I attended Mill Elementary School,Richardson Jr.High,and cc U earned a high school diploma from Pacific High School. I earned a B.A.degree in English from California State c College,San Bernardino and an M.A.and Ph.D.in American Literature from the University of California, -_ Riverside. L ° Occu ational experience: I taught English and American literature at Cal State San Bernardino from 1978 until 1998. From 1998 until I Q cc retired in 2014 I served as Dean of Undergraduate Studies,a position that was reclassified to that of Associate Vice President for Undergraduate Studies in about 2008. From 2014 until 2016,I served in a half-time position asc .y University Ombudsperson. y E E 0 U U Professional or technical organization memberships: Q E �a Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 2 of 3 Updated:May 24,2018 Packet Pg. 21 D Civic or community experience,memberships, or previous public service appointments: _ c at E OPTIONAL E O How would you classify yourself? (Optional) at ■American Indian/Alaskan Native a African American/Black ■Asian O m ■Hispanic/Latino ■Native Hawaiian/Pacific Islander ■White L ■Two or more of the above categories What is your gender? (Optional) ■ Female ■Other/Prefer to self-describe Male at LI Are you a person with a disability? (Optional) Yes No L U c Applications are screened on the basis of information submitted and may be subject to a Livescan as part of the application process. L 0 The information provided is factual to the best of my knowledge. I understand that I may be required to complete a Statement of Economic Interests Form as required by law, and that I will ° 4- abide by all the codes, ordinances, and regulations of the City of San Bernardino and the State of California. Q- a r-- -OxuSipned by: � kff6w OAK .0 08/20/2018 N --R4r. ftAnF16FF1d7A ) SIGNATURE DATE E O Return to: The City of San Bernardino Council Office cUi Electronically: Council(a,sbcity.or� U By Mail: 290 North D Street,San Bernardino, CA 92401 In Person: 290 North D Street, 1st Floor—City Information Center, a San Bernardino, CA 92401 E *Attach a resume and/or additional information which you feel will assist the Mayor and City a Council in their selection. Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 3 of 3 Updated:May 24,2018 Packet Pg. 22 D NAR�,�o o Appointment r � �= City of San Bernardino Request for Council Action m E Date- October 17, 2018 E 0 CL CL To: Honorable Mayor and City Council Members From: R. Carey Davis, Mayor c By: Renee Brizuela, Administrative Assistant to City Council m L Subject: Library Board Reappointment J Recommendation Ln ti ti Approve the reappointment of Mr. Thomas G. Rennard to the Library Board. L Background The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as c may be determined by ordinance. L The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four year term. 0 'o CL CL Mayor, City Council and City Manager Goals and Objectives a The proposed commission appointment aligns with Goal Number 5 Improving City c Government Operations by implementing the city charter and appointing commissioners m to the citizen advisory boards with clearly defined roles. L Conclusion J U Approve the reappointment of Mr. Thomas G. Rennard to the Library Board. Fiscal Impact Q None Attachments a Attachment 1 — Commission application — Mr. Thomas G. Rennard Packet Pg. 23 Cit} San Bernardino BomtDs.COMMISSIONS, & CITIZEN Awismy �' * COMMITTEES Pf, 2 e E BOARD(S),COMMISSION(S),AND/OR CITIZEN ADvisow COMMITTEE(s)APPLYING FOR: CL Library Board of Trustees3CL . M Q W 2. 4. 0 ca LAST NAME FIST NAME M.I. —j U) ti Rennard Thomas G. U) How ADDRESS ZIP PHONE (HOME) tvC 92404 (MOBRE) 0 >1 EMPLOYER JOB TITLE EMAIL ADDRESS First Presbyterian Church of Herne Transitional Pastor Busmss ADDRESS ZIP BuswEss PHONE 924546 rnE 0 F- Length of residence in the City of Are you a registered voter of the City Which ward do you reside in? .0 San Bernardino of San Bernardino? .2 12 Years Yes 1 ® 1 0 1 0 7 CL CL 0 Months No 0 204060 .0 U) U) E by you want to serve on a city board or commission: E 0 To serve the City which I love. Q E Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 1 of 3 Updated:March 28,2018 1 Packet Pg. 24 D What do you consider to be three (3)major assets that would qualify you for selection to this board, commission, or citizen advisory committee: 1. Stay informed E E 0 2. CL Care about libraries M Q L (Q 0 3. Like working with other citizens. L J U) ti Ex erience orspecial knowled e_pertainin,to areas of interest: Have three degrees post high school which has made me a lover of libraries. Q Q LI 0 1 Educational background: B.A.Wheaton College(Social Science Major), Masters of Divinity, Fuller Theological Seminary(Cross Cultural Studeis Emphasis), Doctor of Ministry,San Francisco Theological Seminary(interim Ministry in the International English-Speaking Congregation, Dissertation/Project). d E 0 Occu ationaI experience: United States Army Field Aritilery Officer, 1979-1983, Presbyterian Pastor, 1989-present. Worked as a seminary M administrator, and non-profit executive director as well. Q 0 N U) E E 0 U Professional or technical organization memberships: ci Interim Ministry Network, Presbyterian Church(USA)Presbytery of Riverside. V Q E Q Board(s),Commission(s),&Citizen Advisory Committee(s)App. Page 2 of 3 Updated:March 28,2018 Packet Pg. 25 D Civic or community experience,membershi s, or previous public service appointments: Library Board of Trustees,2007 to present. Q E 0 CL CL M Applications are screened on the basis of information submitted and may be subject to a W Livescan as part of the application process. 0 The information provided is factual to the best of my knowledge. I understand that I may be 00 required to complete a Statement of Economic Interests Form as required by law, and that I will abide by all the codes,ordinances,and regulations of the City of San Bernardino and the State of California. U) ti -2 ti 6. 13. 18 d 0 IGNA 1RE DATE LI 0 C� C Return to: The City of San Bernardino Council Office Electronically: By Mail: 290 North D Street, San Bernardino,CA 92401 In Person: 290 North D Street, lst Floor—City Information Center,San t� Bernardino,CA 92401 0 0 *Attach a resume and/or additional information which you feel will assist the Mayor and City Council in their selection. Q 0 0 .y E E 0 U U U Q E t v Q Board(s�Commission(s),&Citizen Advisory Committee(s)App. Page 3 of 3 Updated:March 28,2018 Packet Pg. 26 7.a �$�gNARO��o c ' Consent Calendar ,. City of San Bernardino Request for Council Action .�OG'VI►�B 1Pti 100 d v Date: October 17, 2018 L To: Honorable Mayor and City Council Members 0 From: Gigi Hanna, City Clerk 0 Subject: Waive Full Reading of Resolutions and Ordinances c as Recommendation: - 0) Waive full reading of Resolutions and Ordinances on the agenda dated October 17, 2018. Q 3 LL d co ti ti ti r L d O V O 0 Q Nd N Nd N d > d V Q Packet Pg. 27 8.a p Consent Calendar City of San Bernardino Request for Council Action 0- a. c Date: October 17, 2018 1° L t M d To: Honorable Mayor and City Counc[�\embers E U From: Andrea M. Miller, City Manag 0 By: Brent A. Mason, Finan Director 0 L Subject: Approval of Commercial and Payroll Checks a Recommendation ; Approve the commercial and payroll checks for September 2018. a Background Completed commercial and payroll check registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed check registers. co r O N The detailed warrant registers are available on the City Website, and are updated weekly ti by the Finance Department. The registers may be accessed by copying the following link W into an internet browser: iirti)://sbcity.org/cityhall/finance/warrant registE �� - r- 0 0. Discussion The following check registers are being presented for approval: 0 L September 20, 2018 2017/18 (Register#15) $1,882,904.18 a. September 27, 2018 2017/18 (Register#16) 854,809.88 Cd Total commercial check demands: $2,737,714.06 Gross Payroll Bi-Weekly for September 20, 2018 $2,301,660.82 Total Payroll Demands: $2,301,660.82 E 0 U Z LL C N E t v 1C Q 10/3/2018 10:37 AM Packet Pg. 28 8.a 2018-2019 Goals and Objectives Approval of the noted check registers for commercial and payroll checks align with Goal Y No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and Q City Council's approval of the City's weekly remittances to third parties promotes U transparency of City business with the public. o Fiscal Impact a 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. Q E E Conclusion O U It is recommended that the attached check registers be approved by the Mayor and City - Council. O L Attachments Q Attachment 1 — Commercial checks for Register#15 a Attachment 2 — Commercial checks for Register#16 Attachment 3 — Payroll checks for September 20, 2018 0 U Ward: ti ti Synopsis of Previous Council Actions: CO 0 N ti r V 0 r- 0 Q Q O L CL V d U is L Q E E O U Z U- Q E t v ca Q Packet Pg. 29 8.b d U 0 L CL L d E E Q l� to oo N C It W) oo U 00 N O d' 00 �O n [� tp vi 00 Mrn rn o0 .11Mi 0 0 00 0CM (= r- o 00 o r-- �o N4 — oo m �, �, o0 C N N cr� W N > �O �O b9 C>3 l� 69 110 .--a Ef3 r- 69 d' N M b9 00 Q M OO L 69 69 L-�3 Os GF} Q b9 Q Q � RC1 ti ti r A.wLO C Q LO Cd � G a V Cl N 00Q V] d .� 1`J C U U A y E.r O A d 06 H c7 0.1 U Q U w C7 d i w s' o" N U O (0 O N N N N �t W) N M � � S 1 0 O 0 0 � 0 0 � S 0 L w w w w w w w w w w w w w w w w Q E Q U Z LL Q E t v cv Q Packet Pg. 30 8.b C o o d v co 0 o o 0 0 o Lo o 7 N = N o 3 o O j C:) M j a7 M j W o j o o O O 7 O m 7 O O 7 E M o o v o o 0 o c6 o o o ci d 0 o o N o 6 or o Q Lo E cT E E N E L E O N E O o O N E 1D E N o E C Q ¢ ¢ a O a c V a Q N a ¢ 00 00 — O N >' N d � L _ Q ` E w E c O w z U z 4— m _j ❑ O 3 Z o tv > L a m ¢ Q a w 06 Q •a+ a m p 3 — V� W w co C Eco ¢ w a ¢ 0L)iL) N N U Eo LU IL w :D w ¢ Q ¢ g O >, L O N U m Z U) of z z z Q Q } Z U O Z ❑ Z Q °� MW— H H U C9 J U L 'N Z o � O }} 7) U z z z w > O w C ' U O1 w Q Z W Z Z Z Z F" w W N ti LO Im � w Z m o p H H Q p_ y CO a N W 'L p a (— Z) a N V F p Z Z Z a Z V cl) W LO z a Z w w - ¢ p > > > w 2 w * F O -W Z w z o U w °° r a 0 0 0 ¢ r E m O O m o o O o m a o U ❑ o LL w w ❑ o � U a w p o O COd U — Z J m W Z W ❑ ~ dd J J J QQ ¢ > W d E W .a a L o. af a n. W li.l n LLI o_ O o_ n U U R z Q '� m _ '� Z ❑ � H W � Y 'L) y y y U g L) O Q Z p cn N u> u m U U w w w m g m O a� O a� } z W m O m a� a� a� m ❑ r > ❑ w z ❑ ❑ <n ¢ ❑ a O ❑ S O ❑ ¢ O ❑ U, O0 ❑ /7 U F- m a Q 0 � � 7 D c a a a ¢ ¢ ¢ Q Q Q ¢ a = o O L V >+ Q a Y C cC � ao ao co ao ao co co m ro ao m d O o o 0 o 0 0 0 0 o N N N N = = N Y a a) N N cp N N UI ap Ul Ul N V R ap co R p� R R ap R R — R R n R zz i0 r r ao R R `O R R p� R Cu m d ❑ o a ❑ o a ❑ o a ❑ o a ❑ o a ❑ o 0 o a 0 a ❑ o a ❑ U N C c c C C C C C C E 8 8 o 8 8 o o 8 8 L y o U U U U U U U U U Q U a a Q Q a a ¢ ¢ Q E y r- co m O N o V N E V ti n m a) a) m o) w O Znaro oro co co co OD aro m W U O Z E m LL E ao eo ao 0o ao co m of 00 �'' a7 ao v� a7 p7 p� co Q7 0 a�77 Q � (J O N U O N U W N O m O m N c" O R N 8 N N W N O U O r O m O O N o r- o N co o O 'IT O V O L w ` m N O = O> N O> N O) m N co � co N j o N j c0 N o c m c m c o m c cq m c rn c m c o c> o m c o m c m c �' V o — o — o o — o — o — O — o — o — N 0 +�'+ u Q Q L Y Y Y Y Y Y Y co Y Y T R L t L t L L L L F m U U U U U U U U U Packet Pg. 31 8.b Q O O •a C O C O C M V N O N rO M .- ON) NM N0 h. WM NT O) C 0W N^ CO O VO > O M WWON h N h >Q Ec6 OO O O N co N co (D o 6 f0 ao O N O o7 O QMO MV Q - a � QW Q E N M O ¢ Oo a0 co M ~ W 00 Y � V O d t r U C _ O OL N cc C) a to ca Q E O U CD o x w 3 Q w > 0 Q i a Q a � a a LLI L C W ` O m m W O co (o co co co N N m m co m N �O♦ _ E CoOD w N N N N N rn m m N N N U 0 U T ❑ Q) Qi W Qi a) N N N 01 m m W 'p E O N N N N N n N N N m g } A U o J c LU N U Lu W W W W W W W W W W W W W W o (n O I♦ '� U -j > > > > > >_ >_ >_ > > > > U p O V V O W U F- 1- F- H H I- f- f- F- F Q ¢ F ~ m W ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ❑ U ¢ ti C > W O F F F F F _ F � F F F w w ¢ F ti N M ss V w U > w } z_ z_ z_ z_ z_ _z z_ z z_ z_ z_ LL 0) U_ 0- Ln Y.1 V � VJ Z 0 J (� J J J J J J J J J J J O F ¢ d L w } O U (n (n (n (n (n (n (n (n Co N (n U U ~ Ln O �+ u w U m " } O U U U U U U U U U U U ❑ m w m cc (n Z 2 O U Q' O F- O CO F- F- F- F- F- F- F- F- F- F- F- Z O U U p U ❑ O O m E ¢ O d a 2 O a 2 U n ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ n z(j ,a K z a d U U m ❑ � a F" F- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ W 4+ Z Z w w O y ti O O O 0 0 0 0 0 0 0 0 P m ¢ �J w � m N �+ d z 2 U N N ¢ N �' w 2 Q' = w fY fY w 2' af LLJ m ❑ O¢ N } 00 N ` a ¢ w (n ❑ c7 ❑ m ❑ m m m m m m m m m m m Q ❑ ¢ Q a ❑ Q O ❑ oa IL Co Co Co U L)U) U¢ c. 0 a M Y d C tp W W m Co W W W W W W W W W W W W W 06 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o to N N N N = N N N N ` N Q = N N N N Y N N (O h h h O O r N N Cl) N V t� N D N - O •a O O O 0 0 0 d r ,� lol�CD r .O-. Co 0) m n 'D Co m w Co m o) o) m m rn rn rn rn rn m C) m m m (o Q, m m 0 0 in o > ❑ 0 m ❑ 0 0 0 0 0 0 0 0 0 0 0 ❑ o ro ❑ cc 0 ❑ V a a m a a a IQ.i C C pC pC pC C O 8 U U U S L Q ¢ ¢ ¢ ¢ ¢ ¢ E Eto U') oNi w (Drn z n 00 00 00 00 � V z W W W W W W O U Z N LL W W Q h N N h W W h M 01 W h Q W W O O O O N O h M N O) O V O O O M V N _� �_ N (D W N M V V N W O M M N (tJ O N O O O O W W h 00 c0 O) O) O) V V V O W O W O L CO W = O W = O h N O ` O N ON O N N O w N N O C d) C W C V V V V V V V V V V V O] C Co W C W O C >1 ❑ O — `- O — O — N N N N N N N N N N N O m O — N Q Y YU Q N U7 N N Q) N to F U U U U U U Packet Pg. 32 8.b g a m M c V r c O o 0 0 0 0 0 0 0 0 0 0 0 0 o Lo 0 0 0 0 0 0 0 0 0 0 O N ] M > u7 u) O O O (t) N (n 0 0 0 0 N O O N N 0 0 (n O N O O N O E M1 Or O MO O w N m V oo c0 c0 6 m In r f- f� N (O r 00 fD O f� M n f� (0 r Q Q M fn E o O E M1 V M m (D M m r N N r 0 (D M1 r m M1 r � r r M1 C Q DI M Q r � r r r r M r r00 R r M ~ 00 Y � v O N r � U o _ O O N d � C N MM E O O o H � � w X W W o x U o U U > 0 ❑ ❑ Q CL a m f m m m O u) M m_ _ M1 _ Q a F m m O Q) O m N N V n O N N m m (D (D LL M1 N N_ m N h O) N N N M 0 M1 lf) m O N_ M_ N �- V M V M2 W Xk �k N N O O N O Cl O N O O N O O N O O .L W W O o O o O O O O O O O O O O oo O O O O O O O O O o o 0 o 0 0 0 0 o o 0 0 0 0 0 0 0 o o 0 0 0 0 0 o CC) O _ /� y ¢ Q M1 m W - N N N N n M m w ; N .r- Q� N N N N M M M V/ C U U M1 O O O r r r r r r r o r o r r r r r .-- r 4-- N U C r N_ N_ N_ N N N N N N N N M M M N m N N N N N N N N N 0 'a ❑ ❑ ao 0 o N m m 0 0 0 0 0 0 0 0 0 V O N LL d m N N N N N N N N N N N 7 V v a a a st U m m r o o 0 0 0 cD 0 0 o a o 0 o o o o 0 0 0 0 0 0 0 o o M o rn W cnatacat x� at �* xxtat acx� x� a* atatat U V N LLI O LLI W W W W W W W W W W W W W W W W W W W W W W W W W W N .. J J J J J J J J J J J J J J J J J J J J J J J J J J m U O Q Q mQ Q Z � iz iz w � � � LL LL LL ti LL L� LL LL LL LL LL LL LL LL LL LL LL LL LL LL N� U W U a 2 n 2 LL 2 2 2 2 a 2 2 M M M 2 � M M M M M M M M 2 M 1. N m Lo z , z 0U u � 0w � 0. 0L) L) C) 0 L) L) L)) C) Uv ()L) C) L) L) U () 0L) a �. w d s O Q 0 od LL LL LL O LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL T- o �r v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �, m „ o w o (D (D (Da (D (D (D (9 (D (D000000000 (D (D (D00000 ++ ww++ o m E m_ Q .a m_ Lf .a z z z Q z z z z z z z z z z z z z z z z z z z z z z z d U W V m d Z K X X X X X X X X X X X X X X X X X X X X X X X X X X ++ Z H X v F Q v W W W U W W W W W W W W W W W W W W W W W W W W W W W (q O w N `� ❑ ❑ ❑ W O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ U ?. p Q C n. U U Q. O O L) A Q M Y a C {d m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 06 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N NN N N N N N N N N N N N N N N N N N N N N N N N N Y O W m m m m m m W m m W m m m m m m W m m m W o m m M m V M N N N N M N N N N N N N N N N N N N N N N N N N N N N N rn T N W N m m m w w w w m m co w w w m w m m m m m m m m w w m w O ❑ O d ❑ 0 0 0 0 0 0 0 0 o 0 0 0 0 o o 0 0 0 0 o o o 0 0 0 0 0 IL ,+ N � V U C C 7 7 � O ¢ Q d E O W W z oo o O U U Z Ca LL m Co_ Q m o m V D) O r N M u'� (D M1 m O O N M V N O N m O O Q M O �7 M O O O O O N N N N N N N N N N M M Cu E N N U N N - v v v m V V V v v V V V V 7 V V V V V V 'Cr v v V V V v L O O o O V V V Lo V V V V V V V V V V V V V V V V V V V V V V V m N O m N O Lo N N N ((1 N N N N N h N h N N r N v) N LO N u N 'n N N N m Cp) C m m m m m m m m m m m m m m m m m m m m m N m m m m m ❑ N o _ N o — r r r r r r r r r r r r r r r r r r r r r r r r r r (a L Q Y Y a) F U U D Packet Pg. 33 18.b p 3 O O O O O O 10C O 04 CO C N V C N O C � C 0 0 0 N C m U- I� 0 Q O O N N In N m 7 m 7 M r 7 OO 7 lO O N r 7 (O N m E r- (O co ((i N O NO O N O V M O r oo N O W O O O m OMi O m O V Q y � N V � N E O N E r O E N O V E N m E m f— W E Cl) O C Q ¢ N ¢ N r ¢ V (O ¢ d' r ¢ M N lO I� ¢ N (u N 00 n m (O M M N 6 Y O N t UT- oo O CV � o a N 0 C N w E LU E LU O z U LU w y O _ � _ W o @ 0 a L) oo WZ i- WU) W Q CC af � c Q a O U — N m Com o o U a U v •�•L W O O C O o m m JrW C UO U 0W N o � O rn rn rn rn Fw-- F 0� y}W w r_+ L i U N W w w w w W ~' � a > a U (D C5J J J J J J z W °T Z ¢ W Q� m Uo (� (L (L (LW w CO U z z p www N � ❑ z ti _- �_ _� 2_ �_ W U W ❑ ❑ ¢ U U U N m ti cAm ma 14 `d gg33gg a >_ w a ww a aaaa � W � a ❑ U U U U U U a U ¢ z C7 (7 z J z z z p ❑ z w a) LLLLLLLLLL LL z x af � � � ¢ www a ¢ } ¢ v 0 0 0 0 0 O p U w ¢ ¢ w } z z z ❑ ¢ O -W E m z Z Z Z Z Z o z J `o_ U z o U U z o w o Q Q Q i j o Qt ^+ O m E Y a O a ¢ .a h of ¢ .a 2 W .a ❑ W a w d X X X X X X ¢ QZ V H W W U) F z U' (7 U' W a. Z 0 0 0 0LU w❑ ❑ w w LL7 (L w W W w Q Q W w p W w z z z 0 = w ❑ (/� W N J O @ J O N O O) w z @ U T z z Z z z z W ❑ U } ❑ W } ❑ } ❑ C7 W ❑ J J J J W O U ¢ U @ x J O C a U U U U U U CL O Q � Y . m W W ao 0 w 00 00 OD 00 CO Co Co W W Co Co 00 w to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N ,C m m W m m m N Co N N 00 N N CO Co (D @ CO O m V N N N N N N 1] O 1] r O r d Cl) O O O ` d @ O O O 00 a0 a0 00 co 00 @ @ m Co @ W @ @ O) Ol @ @ 1� Co @ O) eD @ Co 00 0 0 0 0 0 0 N ❑ O @ ❑ O @ ❑ O O ❑ O ❑ 0 0 0 0 N ❑ O O O U CL a a a a d y y y N N y V C C C C C C $ Q c§ $ 8 Q q o d a m m ((OD m Co m E m m m m m O z w m 00 m m 00 ❑ U U Z f0 LL CO 00 a0 a0 a0 LO V N m N M r N O h LO lO In (O M M M M M PD O 0� m o Q7 0 ��77 O Q7 O N N N V O G> 'i V 4 V 4 V N O (n N O N O N O V N m m O LO N M N_ u) (a V C V V V' V' O lO O w O V m O (O O O m m L „d. Ln Ln Ln N V) V) N O N O m N O m m N O n N O N O N v N T O@ a0 W c0 W W W O C O O O C � O C N O C N N N N mO C N N N (� V _ .- _ _ _ _ r r r — ++ L Q a) d N U) N @ U) @ (n H U U U U U U Packet Pg. 34 8.b �` p p O I- h W O r- N w w O - W p 01 7 m O (n O I- m Lo to r 0 0 r lD M O r 0 Q1 (D N O r w V 1n r 1f1 N M w lf) fl E w M N Il V co N n O fV �_ M m V W r O N N M V m O nm N Q D7 1-4 w m— N r r w Vr m In In O O r CO w O'i V7 O r r w (D Cl) (D O V lD 'Q C r N r I� N n cy N r1n N (D M DI M 1- In tD r M N ID N (D u) O 1� M N 07 V Co Lo N r N N m r M ~ 00 Y r � O OD — C) O N C) a N 0 LU LLJt� ❑ ❑ w L ❑ W K Z N W ❑ ❑ ❑ ❑ W W ❑ E W ❑ W K W Z ❑ � ❑ Z K p ❑ W W ❑ N W w m w O ❑ wwz ❑ z a) ❑ ❑ww � � > ❑ z ❑ w U d w w W w 0' W Q' ❑ Cn U w e w V ❑ O W Z Z ❑ w Z ❑ Q ❑ W W W > ❑ w ❑ W Z fn m W ate+ 7 W ❑ > m U o O Z w U W w z ❑ w w x d' W w c ❑w af m w U W m W a' <C L a a w vWi > w w U w vWi ❑z o w CIf Z � li z E w U U Z U a Ix w x j Z w w Q LU wmcnww 0 Co U, w � Uwwmo � � U � Of 55 5 0Www ❑ m Q w > d li 0 0 > U U a > w U a w z U w Co m w > O O Ui m m w W Q F m O a a w w > a > Um (wig w U of of 5: Ir O um O w U Li O d a of p U W > c� .N ea w iiwcoa mUw vww � � > w x � WiiX X500 CL W � ° 0 . 2 Co w: LL CO m ii ° m p w U U O a a w x m a > w N O IX i O c7 O vi O } O li w U m W W a � _ �g } w m C ao a o � w a d O p m a Z n a LL O w R a v lmi �_ m U ul LL w w0 µ- U -a E c m a w Y M d vi x O m ¢ m a ❑ ❑ � O C7 > It w Q 0 m m L O N Uj V ° U m ¢ om }} �_ W O a vii a w m O U ul D — } j m Li a LO ` .�.Cu U N O y > ~ > w Cn F- U ° U U U U 0 w x Of LLa m z ° w w Z J a of N V d (� 'of w U j U x O v j j > > J a U w U m Y o z ¢ a m N M V � V ° a j w LL Q r j � ° p = = W V J V > � uW � ~ V g < (n w g a W 0 � j co ti _ MM� w Ix w Z 0 U } m > m U U w > N > O w O j W > � w J g > U am CO W c� ❑ N U m g > w > W > g m ¢ ¢ vwi O w O w U w > m ❑ } O Q Z x w > O d L O U ¢ z O ai x z -' m w } } } Q N w J O ❑ W W p=p O _U W Z w °d' Ln O -W E u ¢ z ¢ W Q w O a } m , W w H > F- > w o m z Y w ¢ w z ¢ o m E to m Y < ❑ ¢ w O ¢ ¢ W ¢ ¢ F � F w a W z � QQ ¢ ¢ w L am E } } ¢ ¢ x J ¢ v � W ¢ aw ~ w gv) (n ¢ w jw ¢ mmv +O+ U U z z � x w t¢- z o w z ¢ COwz F m o m w ❑ m a J Cn Q N _ d W O ¢ U ¢ z Q } ¢ J W J O W J J Z O 2 -> > O ¢ m ¢ � m m Y ¢ J a w Y m 0 m ¢ ❑ ¢ C7 _, ; (n ¢ m U 0 U) C7 W U 3+ a c I.V 0 O O L C) L) M Q d Y w w w w m w w m w m w w w m w w w m w m m w w w w w w w co w w m w w w m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y N N N N N N N N N N = N N ` Q Q N N N N Q ; N = = N N ` Q = = ` w w w cD m m m m m m m w w w w w w w w w w m w w w w w w w w m w w w w C.1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d w m w w w w w m w w w �s a0 a0 a0 a0 a0 a0 W �-o W Za W GD GD GD GO co W co W OD OD GD (0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ,+ V V 7 L O Q y E E E O z' O U U Z f� LL a Q m 1.- M O M (D 1- w m _ M �_ lD (D m 0 D) N co V In V 1` O O N O O N M N ((f E N o) W O O O O O O O O r N N N N N N W O 1� w w O r 1� n n r" � L w, N N N co M M M co co M M M co co co M M co co M M M M N M N N N M co N N N N N N N N N N N N N N N N N N N N CO CO N N N N CO N N N to N N N N N N N N N N ca L Q a � Packet Pg. 35 8.b �` p p r (A O O M CP co co (n O C O (0 C O P7 (D O C O O C O O O r C N O p O � O r 117 1(7 u'1 O M O co ] O O M � � O O > N (D O a7 E Dpi (D W M N (D v 0 0 N O NIt O r M M r O O Cp O W W W COO O (OD V C Q N N N 0 M r 1n M Q (A Q M 171 Q N N Q r r ('O Q V NCO M ~ N N QO Y r Q C U 0O — O N N d t4 t4 tt ❑ W L d � u w w E w w V w E UJ ❑ U v > ❑ O W Of z U W w y w W w Of a' w (n a d ❑ ❑ ❑ W W W Of 0 K z z z U (n W u_ 0 _ ❑ W wLLJ W LL LL Z D V 0 W ❑ a ❑ O O w > Ir 0 w w w W w w a a a O IL Q ❑ W U U a (n W W Q W W W M a0 U CO LLLCL Nr w U) LL U w LL li 0 o w •V p •� d w W � aaCr w m ii > > Owa co N O C CO CO w }} O D U a U 0 rn n U `- (i 0 u- - 1- p w w O 7n LL y 0 LL. O U O >+ CD " N a s > > > > > U � o U CO Q d 0 m (D JQ iii U d 'o� o ¢ U > F Q V O W ~ q q U) O m ,v Uo w91 ,, � m a z 0 q 77m oo rn ti c MNm a,3 " � ¢ � z g W W � ❑ > Of uzi za z (0 0 'LLL0 w ca ti > U) J w va < 0 :i ; x FO Q w M Y 0 w CL o o a j a O }� v O U CQ O w v~i J � ¢0¢ a = Z O p Q w T- LU LU r _ E m m W U a 7 >- a m to 0 0 o U z a o 0 0 0 CO � ° = Q E W W z z W cn Of cn m = .a u .� O O O U .a (n Z .2- U U = n U +O+ U U z zzj � F w � � F- (D _ g z zz w v ° � � � c� y 01 a m w a O O Q p w w w a1 u5 a1 O O w w ro w Cn ` V T ❑ v3 > U u u Y ¢ z ❑ a (n ❑ cn Un cn Q ❑ J ❑ z z rt Z ❑ z G� m a v o 0 0 a = O 0 V L Q M Y d C {p ro O O aD aD a0 O aD O O aD O oo oo oo O o0 a0 r oo m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N 04 N D N _ _IN _ _ _ _ NCN v N N Q Q N Y M W CD CD CD (D CD CD CD (D O N M — r r O M O O V O 0 0 0 0 0 0 0 0 0 0 m 5- � O zz r r m r ,�0, r r M M �_ aD a0 a0 oD a0 a0 a0 a0 a0 N W T a7 (A d) W T N h T W a M O j. @ D7 T 0 0 0 0 0 0 0 0 0 0 0 @ ❑ oca ca❑ o 0 0 ❑ o ❑ o o m O o co U a. d a a a a- 4 N N 12 N N N V Cpp C pC C C C p U 3 O 8 8 8 L n a Q a a a a d N o Lo E E E °r1 n n Or O zoro oro oro co aro oro O U U Z co LL a0 a0 V N v1 O O ooO N oo (A M CO -o (D o O r O o M CD h O O a1 CA O O O a7 V O Q O (A N 1n (D r w O r () M o o O U co O V 21 (� (� r r ao 00 o co w a0 (n o o m o 0 o M m o o L- w N N N N N N N N N M N Oj O_ N 0 Oj W O O N N Oy r 0 to N Oj O N fa 0 0 (D CD CD CD CD CD (D CO a C 07 � O Cc, � M � O N N N N N N N N N N O — '- O — V V V O — O — M M M O — N O Cu C L Q d U U U Y U U �i d a1 fA H U U U U U U Packet Pg. 36 8.b o c w 00 0 o Q 0 m v o rn co m o o 0 0 0 0 ;,, G o O Coo o M u7 j O M u) ro r r Uy O W V O r 00 j O N j LO m E E 'r v E `� m m E r-o L6 `o E `o `° OE m Co °° °) N m ao °) E m E 0 r) E Q C¢ ¢ N ¢ M ¢ ( ¢ r ¢ r r r ¢ r Lo ¢ N N Q M r 66 Y � v O a) t U oo O N C) a N 00 C N E O M 0 U 0 c °° > _w z Z Lm O LCC a � ¢ O. ¢ C LU Q }I Q m z Q F - G✓ t� 'N to w ro LLJ O 02 w Co 3 O a> ¢ N a Z N O C W E wO (� W J O U 'C O a v > w ¢ L p N 00 w W > ca 00 y �, Y r a 0 U z cn U) c9 w ¢ a w w N O U o Cl) 0 w z_ U a w a N ti m w a 0 j z of O OLL 0 U z z Coo ti /M�/� a v N W a Q 0 = o vwi ~ Y w w w O w w w W w ¢U L a. Q 0 V U Y Y Y Y Y `1 J W O r O �� E c O 2 C ❑ Y c Z c d OJ c Fw- Iw- F H W Iw- ~ c oWo c ¢ c y ^_+ o m d w w .o a Z Z .4 Q cn �S .4 ¢ 0 0 0 Q ¢ ¢ LLI 0 ° o ff .0 F ° L a ❑ Q .�- Y z W .a ~ 'a w cwi. 'a J J J O J C1 _l Y a N Z W 2 a Z N U U N U Z _ N Z w m Y ¢ N a a a ¢ a a a F- F- w W a N v o > o g a v¢i o °U j o o 0 0 0 0 o a o C) c❑i � z ami w w m 0 0 a LL CL -6 G L V m Q a Y C m ro Co Co ao ao m m m m 0o m eo eo 0o ro m o 0 0 0 0 0 0 0 0 0 0 0 0 0 o N N (O O N N N rn O V O (n (N r 9 r M r r N !02) (` O r r d d = .D CO SD ro rn ro ro ro ro rn ro ro ro ro Q rn 20 rn rn a� rn rn ro ro m Co ti ca Co ❑ o > ❑ o o > ❑ 0 > ❑ 0 ❑ 0 0 0 0 0 0 0 0 ❑ o ❑ o > ❑ V a a a a a a a N N 42 N N W C C C C C C C 7 7 7 7 J O p7 O ¢ ¢ Q ¢ ¢ ¢ d N n r- r- t- W 00 000 E ti N n n r r O Z oo 00 00 00 Co 00 00 O U U Z co LL a 2 a ao Q Q, N n o NN o NN o N c,) C) w w v. o Co o NN 0 N o N y ep N U ao T N U N U w Q U O O O ? N O at N N U c0 N (� N O y O In U) O M O O r O N n o o) W W O N O O O L _R N r r N O = 0 m N r r r N .-- r r N Oj co N Oj N N Oy A ro C C C , O W C O] C T C n �` �` m C M A C O C Q _ O O _ r `- O _ `- O _ °0 O _ `- r O _ Cl) O _ M O oV C 4.1 L Q C U U U U U U U a L L -C L L L L N N U U U U U U U Packet Pg. 37 8.b O O C O M C O C O N C O C n N N V V C V N r-- 2 V O > O ] M O O > O O M 'V' M r� ] O N O N E N 00 O O O L6 c3 O o N O O C6 � O W .- �f7 a0 co O M N O (` OM Q o E o v E '� m E o M E r v M E N r a rn 1 E co 4 E r ao AQ N Q voi o Q o Q m M Q M m N Q v v v Q M T Q 00 N ch N r V C r U o _ O 04 O t4 N d t4 t4 Q z E W O w U J kO U 0 J CL V 0 L Q a b J Q Q m um x v w -j CO 3 O •� d < m z N O E o E 00W LU v p U L U0 CN > z Q A = U O U Q N W W N K W Y U G1 O CM g U U w w w O a U U ti Co �� U O U > U) a W � H O F J Cf) U)N E5 z ti F OK z - Z d' Y N N ti fA W v x x LL °� a z z z -, 9 d O Q o00 ' d L > > z J o 0 o Q Q � Cr � 'L O *-+ E w Z a 3 c w W c co Q c W W Q (n m 0 O O W K _ �+ a E m a Q o o J z o o z o o O o O z � 0 o � O o x W m F of W Q Z . ,a W — Z J a' 2 W W > L O E a .� .� > W .9 U a s a m J a W to a > m d U U W W W ' Z Y 2 Q a Y Z F- m W uvi m Q m v) - of O of cn U O vi Q W o, N U a v �w w Z o IL o v U z o o m LL m o m a o w a coU wk a 0 w w w z w lQi LQi li V 0 a � � a c ea ao ro ao o ao ao m m aD o0 00 0o ro ro otS m O O o O o O O O O O O O O o N N N N N N N N N N N N N N Y N N M O n O N o N W N .� O N � O N O � O N N 01 N m p`) co W p� @ N Op co (0 a0 a co co 00 oD OD oO co O W W N co a s o o > 0 o > D o > D o o > O O o 0 o @ im co 0 0 o o V IL a a a a a a N to N N N N N V C C C C C C C O L U) Q Q Q Q Q ¢ Q d E ro co oo oo -0 oo oo E E n m m mO zoo co oro ono ro 000 oD O U U Z m LL O aD W aD 0o -o OOi W ap Q +j op o °O o 0 0 0 o`Do ro ro o 'I o 0 o Q o _ ro m ro v N O N O 6 O O O co r O CA O N O Ono N O N N y N N O _ N O O N O N O O N O r co I— O N Oj N O N O M M L W O 61 C r (D C C C O O C O O O C N O 6) G M M V O — Q1 O — O a0 O — (O (D (D f0 O — r O N N CE V L Q W w U U U U U U Q. L L L L L t t N F U U U U U U U Packet Pg. 38 C 8.b O N a0 O co M C O W O C O W C V O C O r C M r C O C O CO y O C 7 f� M N O C) S C) N > O w ] O � (� O r > O N aE aoo uMi n(Di r�i v v CO CN Q Cl) M � Q m M Q M v Q v Q `D Q o u' Q `� N 00 M ~ 6 Y r v O N 0 U O O N � C) a. � c d E O U ai o K -S > O L Q aLL m Q O •� d U N O c E CO Y m U 'a E o O p w O N F- F C7 > z w Iz O Z ¢ N U .CD O n O ¢ w M U O U- N a- W J z ~ W ♦+ J N O n N N N J Z F Z Co Z ti N W @ " 4k u r- O O C7 Co a. ¢ m � ❑ ¢ z Z a im w U- x xt * m z z � w �' w w w w O W U_ K �- `m m m W x x Co a a a cn z F- ¢ > � J F F E W w Z ¢ ❑ r O w Q x ❑ > _ > a c a a W O c r c c w m c W Q c w 0 c U W _ m O > J K > K X .4 J .4 o U 4 a .4 W .4 w ° L (n 0 (n O w Z Z 9 a a o O x .a O o O > n a N U U m � F- Cl) 4- U) J v w ❑ .v 7 N .v U .v F- fL v O ❑ v F- i7 2 W y+ z ¢ w Z Z J Z N ❑ z N d O N U X w Z w U ¢ w w N a w ¢ ¢ w O w ❑ ❑ w m W m U ❑ a� ❑ W O W a a ❑ m O U m a cO m v) o ❑ Q Q (L ❑ a ❑ U) w ❑ U z ❑ g ❑ U ❑ U U N a LU LL LL Ow LL � Ca7 Cal (7 a v O Q � Y a. c 08 m sas000 000 0 0 0 0 0 0 U) N N N N N N N N N Y N N aD 1- O r- 83 83 53 55 m 55 W N (O (D 0) N f6 0) (6 f6 Q� Co (6 ti N Co Q� (6 (6aD IO (6 p) @ 0 0 0 0 0 0@ ❑ 0 0 Co > ❑ o > ❑ o ❑ o ❑ o � ❑ o � ❑ o � CL a d a a a a a U U Q Q ¢ Q Q Q Q Q •d d wm ooi ori CDm rn m E O Z 00 Co Co ro 00 00 m Lu 'o OLL U ❑ U Z OD LO M N � � o Co � Q rn rn 0 T o N r- m � o N 0 0 N o o N ID 0 N o N 0 N M I- O M (� Co (D (D N (� N (� (� r N (� n U m N (> E N f� V O O O r- O m O (O O O O f: O O COW O L- w M M M V R 7 N O O O O) N O (D N O N O O N O N O N oy N (6 Co M M M M M N N N M > > (O C O W O ❑ In In N (n N (n O C to CO (p 01 C N C W C O1 C O 01 C 01 C V O — O — O — O — O — O — ^ O — O C L Q W U U U U U U U U C L L L L t D t L N H U U U U U U U U Packet Pg. 39 8.b C c:l M O C O O O O C O O C O C O C O C O W C Lo V C N O C O '6 0 7 Lf) (6 U] 7 O N 7 O r 7 [t 7 O c 7 O W 7 O 7 O 7 O Q O of N N O O N O N V O n N O a n O N V O Oi coco O (O M O O V M V E °' � E M E N E N v E E M E c'' a E u) C Q Q ¢ ¢ ¢ Q N r Q Q Q (4) Q OO th ~ 66 Y r V O d OD O N d m d E O CO U w U) > O c 0U) > 01 U z O CLv L F a a i�d Q `co CQ7 Q m H — v > ui w CO z N O = U' O E Co z z O U r p r U 'o CN w z w 0 r w Z O U L N LL ro U Y z O (q mV � O ¢ p (~n N ti .fd U O z w O w m U w w C ti N W v � v v v z ¢ w w = Q u r m w v a W 41 .0 > > > U lL ❑ Q J O z w w - w p w T_ •� C E m y o Co In N j .O F W .o U. w LU LU _jQ o O � O a } O d N O 0 LU O W 0 E a K af K CL o � F .a w 0 — N = a z a W (4 n w w o. U x a m rQ U Uy� z O v w z¢_ �- z b U v O u U z F- w N i+" d N ¢ Q ¢ Z N D W U N w U N M N J U aa)i x N Q Z d j N U •a1 U T ❑ ❑ Q �� ❑ m � ❑ ¢ � O (n O ❑ a ❑ a O ❑ O d LU C a (D c07 Q C07 (D x x x x 0. 0 O u A Q Cu Y d Cu oo oo co 00 oo oo W co co co c0 m o 0 0 0 0 0 0 0 0 0 0 N N N Y N N N N N N NN N oo Z N O O O S] r 1] w O N a) co co N @ op ca a) p� a5 a1 p� 03 a1 p� N N ap co N m a1 a7 w ❑ O O O ❑ O ❑ O ❑ O @ ❑ O ❑ O ❑ O ❑ O ❑ O V IL a a IL a a a (L N N N N N rN. N N al C C C C C C C C 0 a ¢ a ¢ § a 8 0 °� N E z oo ao co co (9 co 0o co co O U z U Z w LB LL m m co co ma co m co co Q p7 O O co O p7 O a7 (� O O Oo O p7 O O a� N d O N w N ifl N 07 c0 O_ W N �_ N O N O N U O (� N O Lo O N O N O O O O O O O O r L N lfi = O = O O = O O N O N O N O N O N O r 7+ C (07 M M Q7 C N W C N W C � C Q1 C M Q) C N D1 C C) C ❑ — O — O — O — O — O — O — O — O _ (4� L Q N U U U U U U U U CL t a) L L L L L L 1— U U U U U U U U D Packet Pg. 40 8.b O 7 O v C O I� C N In V co In m O r C M m co 0o O C O O C O O C O O > (D M aJ M f� a0 W r N Ol M O O > O y E w E O co E co V n M O M W M N E N N W 00 E O N E O N E O cc Q I Q N r r cl Q V: C M N Q C Q N Q M 00 M ~ 00 Y r � O r V 00 C N N d 0 C N E O H z w IA w w O A w 1C u O L d < N Q a c z m eo Q Q ui04 — R_{ W w O N •� W N o' LU V 0 O N 0 Q U J p r O U p U z O CO rz of CL LU V m U c OJ 2 EL v ? Of w ti () � � mm w o z Q m z a ti MM J N W ` O Q U� U = a d a m g z z O U) L Q � O �^ v p O p U > > > O O Y w W CL CL CL — Q w Q❑ Q a O LU Q p a V 0O y p � I-K p z V fn N U O U) Q a o W W W W D o T CO o -1 ( o W r Om E O a w °� a ❑ F w w w 00a a -j 'a w Um a Q a U d U U @ 2 wz Q w w w Y Y w a a Q Q Om W �w ❑ ❑ }, z a U y Q ❑] w 0 ❑ a a G a m a ❑ ( 0 0 0 0 wZ N Q Q v N m w z a) 2 w d O a I- H H Q a J Z a) 2 2 2 w a) ~ 00 @ ❑ J aD O 01 ` U T a ❑ U O ❑ U a cry v� v� a a m ❑ J J J J - o ? z ❑ c7 Q ❑ C a _ DsM w Q z z ga J 0 � L Q M Y a. C f6 co a0 a0 a0 c0 ao ao 0 ao 00 co N ap oo aD oo O m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y N N N N N N N N N N N N N N N N N In a0 o O o o N o V @ o @ @ V7 N N O 9 „@„ N M r �- r r N .L] @ M M M M n ,�@, O � ,� O .O w o ❑ o O o o a 6 0 o 0 0 O o 0 0 0 ❑ o ❑ o 0 o V CL a a a a a w N N N a/ _ V C C C C C o 8 8 8 8 Q Q a Q Q Q o o o o O .- - E o 0 o o 0 o oo oo oo oo oo co O zcoo oo ooa oo oo oo O V U LLL IC co co ao ao co co co m rn co r, m wao oo M O O r O D7 W W .N- O Q7 o o o O D) N a0 N U M N o o o In M N W M O V N N O N O Cz (O O O NV LO o V W O O o V O N o N L w N 01 N >� V N M M M M O N Uj h (D (D w N O> V N Uj O N Cj I- C, - C o C O O O N 0 0 0 0 D7 C C O 6� C N A ❑ O O — W fD In In In M 1� N O — M M co co O — O O — 0 O — M (CO L Q Y (Y1 Y Y Y CY1 a) NU (� U U I-T U U U U U U Packet Pg. 41 18.b o o 0 o co 0 0 o n o 0 0 0 0 0 0 o n o 0 0 0 0 v W C N C O C O C O C ao C O ] M LT) 3 N _ > O ] 0 0 0 0 M O O N C Lr) O O O Co N E Cr)n (NO m N N O N 6ryi c00 O N O M W (�+) od N N7 y N O O Q y Q v E o M r E � c E o Ln E M r oo N Ln n o m o M n co fO m E r n n Q r m Q Lr; cl) Q M Q cl M r o r M � v vi r Q r Q M M th O U a0 — C) N to N d � tt W L z d Y E U z E Y U `j o z z ui > 0 z w a L ¢ ) a CLQ N m } M u 0 z O z o o m o o rl-o 0 o o_ r z 3 VI F o 0 0 o o o 0 0 0 0 o Q N O ry O O O O O O O O O O O o m C. Q' O O O O O O O O o o o O E OCI O O O O O O O O O 0 0 0 O } 0 U C a - o o o o 0 0 0 0 0 o o o I �JJ M M M M M M M M M M M M Q N O N U N 0 0 0 0 0 0 0 0 0 0 0 0 T- Cu (� N J Q Q Q Q Q Q Q Q Q Q Q Q J U = J � Q' ao W d C) � z p U 0 0 000000000000 U N r. O F- w z z z z z z z z z z z z O ti C I- ❑ O Z _ w Of of af w of w w w w w w U w w Cu ti MM� J = W w W w w w w w w w w w N W z o o w a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ g w z w wLu W 41 = U U Z ❑U M N ❑ af O U a W N VUp U = OYj❑ N CO WO # 4i w CO 0 z z z z z z z z z z z z U O n Oof QO m wwwwwwwwwwww JJXQO U m J Q J J J J J J J J J J J J _ M m j Z N d > jr F U U U U U U U U U U U Uw w O❑F r }dr V1 ar J a� w w N Om W a) w w w w w w w w w w w w z m ❑ a w /1 m W W m w Q Q Q /!! C a J J J J I.i o O a � CL c � oo oc) co o ao w m ao w m co m o0 0o m m oo co m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N N N N N ` = N = N N N N N N = N Y m n n a) a) a0 a) N w m N N V w r r (` d d r d ` M M ` M M M ` c` ` l= C` d a) N d w r >, a7 p- w co N n cu cu v M a) n I� � n n w co co 9 9 S Q j, a1 `m co a) rn j, a D o o n ❑ o a ❑ o a ❑ 0 0 0 0 0 0 0 0 0 0 0 o a ❑ o a ❑ o a U 1!1 y y y 2 y y V C C C C C G G 0 Q $ $ Q Q 8 Q d E a N M C Ln cfl n co Z3- 0 0 0 0 0 0 E E oo ro oo co m m Do O Z oD M o0 oo oo oo o0 0 U n U Z o LL o o) co (0 CD oo r0 oD N O co n oo oo I O O N O O n N Lo 0 N V N W O N < c0 O M M 04 O N O n W W W W Mr- no Lo n n n o O n O O O w O O N oo O O co o V d' V V t Lo U) U) Lo Lo Ln Lo O N O N O .�. N �j a0 Ln N �j O N LO c0 c0 LO O O O O O CO O O N n N N L O o o = o o N o c v v v v v v v v v v v v o - 0) o o V r - - r r r r r r r - - rte+ L Q Y Y Y Y Y Y Y p, a) a) a) a) a) a) a) Cn F U U U U U U U Packet Pg. 42 8.b Ou OO j (fl O O O Or' O N o7 O Oao O O O MO 0 O 0 j O O O j O N mw m m E E E E ENE E E EM of C v ca Oo O � E Q Q Q ui Q Q 0 Q Q Q Q Q 00 N N N N M 6 T O t T U ao — T O O N � O d N � O L z Q W E w E W J O w w U W -j J z O z w c Cil @ 'o � > zz O 6. 0 CL a: D CL +�+ a `° vI LL Q U w v •�v w w U w O 3 1- w v1 0 N O E o U 0 C14 ,� � w M CU Q Z = J �J] o J z T U L ,N of Q m w z w (n .. OW IL W to 0 O LL W `o lW O ti /M� r� m Cz v W > Y ~ } ❑ z w LL W ~ m m LLJ❑ z ¢ a D z 2 W F > z W U ❑ d' = U) w r >+ L■ E d o > = o W O o w Q ,o ❑ o g 0 U o d o > z Z o w i O m E a m Q F p a Q a ¢ a Co a a a L j a N a w w Q Z .Q C7 +O+ U U Z w W K y Y O ren uu�JJ J ai of61 w Y } vi Q ai 7 tL a y LL] t/! V T o u� g o o = o i _j o _j o z o d a o CD 0 � < o 2 � U J J = d ¢ z z z a ' O O L V � V � Q d Y C R Co ao ro m ro ro m m ao eo ao m o 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N �C M N N O O O O N O N N N O O O N V V :a d N Co ❑ O A ❑ O T ❑ O ❑ O T ❑ O ❑ O (o ❑ O ❑ O O O T ❑ O a a a a a a a a U w 49 m ti w iC C C C C C C C Q Q Q Q Q Q Q Q rCdC y m O N M Vr Lo O E S N N N N N N N E a 0 0 O O O O O 0 0 0 0 0 0 0 0 Co U z w O w o U Z ❑ to N LL w Co < ro Co W rn ro o a0 0 o o a0 0 0 o Cl) m rn o Q N N O N m N N N O N eo N r r r d O O O N O 0 � O 'p a O O N O .O O 'p OO O O m O N N M N O N O N N N N N Co C m C 6i C V m C O? m C m C m C m C Ln 00 00 m C V O O — O — O — O — O — O — 1. Q d U U U U U U U U a) TL L L L L L L L Packet Pg. 43 18.b O C Q C ON O C ID vN G M C 0 CO n C CO O N N CO N G " O W Lo O O LO OO > (O C'i Lo N O O f` 3 O M M M M > N.m E EoEo E E E m nNrnNE vv m o m N N N m Q r-- 00 o c Cl) Q Q Q QV CL O Q V N M N Cl) V' r N N Q N OO M ~ 00 X 7 v O N t U 00 O OL N_ d w O O J W L ❑ N z E 00 E U O w U ❑ 0o w yJ O x c O CN o _ � J N M fO w Q � ~ O U, C a a WO 0 O- +�+ a m LL w �, 0 a Q V1 F- o w 0 v O •� d WCD I ¢ Y g a w NO _ E00 U m ¢ w � wW ❑ Lo.. U E -0J Q z U 'o z z c7 O U 0 ui 2 w LL w U w CO Z w U N w 0 z 0 O (, Q w O 0 w cn U a a uj V O) w U w w Z LL o a x a a x s x 0 ti }i U 0 U) ❑ O O O O O W m ❑ Of ¢ O w o w Q a 0 j cn fB ti Cc Im R m 0 < LL 0 w Q 5 0 a a W w >z a w Co Co w a t- a W 'C) 0 '2 a H 0 V a' U f- fn W F J J J J F- Z Co y d L w w z I z W J 0 0 2 0 x O a a a a 0 w 0 U) O +� v D U ❑ U U a a } a U a n. a. a a a 2 Z U r E .+ Q c U 2 c � c o c ❑ c W a Of z W > > > > W W c Z *k �+ E y 0 ti ,o I- Q 2 o g o O o W a ,o ❑ rn D Z) ❑ (n (A (n U) ❑ C7 O J L o Co E z a a T- CC) a a a a C7 w a w r a a w w w w w w Q - x j y Z o U x U } • z _U U U U U U U z U ++ U U Z m y U W w Z N J w Q L N L- } J J LL LL LL ticL N z p N (D 2 w N W - N U N Q N L- O lL lL LL LL LL u. m O U F C7 ❑ a 5 X ❑ U w ❑ O } ❑ ❑ o W x 0 0 0 0 0 o Z ❑ U a LL " z z ao 0 0 0 0 a 0 o a � a 00 0o m 00 00 m w w w 00 00 00 00 m m Co 00 06 m o 00 0 0 o sssssssobb o U) N N N N N N N N N N N N N N N N N Y 0) _NLOO7 N N - 2 N ` N Co') M M M M M w O a W Co. N Q� 6) 7. N h 5. @ N (O w„ N ro o0 W (O W aD 0D j. Q� Co o > D o o m ❑ o ❑ o 'o ❑ o@ ❑ o o o o 0 0 0 0 0 0 w Co ❑ O CL a a a a a a U fA (/1 N Vl N N N V C C C C C C C = L ) Q Q Q Q Q Q $ N E N N N N M M M E E .00 000 Co -0 -0 Co Co O z' o o 0 o o 0 o 0 U o U Z C3 m LL N 00 00 CO CO Co V N V I� M I� 00 Q 4.; M N N O N N N W O (D (O O N O N O O O O (p V M M N N M M M M O O N Co N 00 N L", N 8 , N 8 w N N N N O_ N N N N N N y O O a0 O O N O (O a a a a a � O M O L— N O M M .0 N Co N Co O O O O (D O O O O N V N is N > > > > OD O O O O r.- Co � O O O O d' T ❑ C0 0 c rn Y) o� c r O1 c 'm c ro °1 c r r m c (o °� (0 V o — o — o — o — o — o — o L Q Y Y Y Y Y Y Y O) p, N N 0) N O) N a) (n F U U U U U U U Packet Pg. 44 8.b o _ _ _ _ p C O O O V M M D) to W O N O O N N a0 h O O C O O O] C O M N (o N V N O O O Ul) V h CM UD h N h h Ol v Ufi O O C UO o V h h CO N O O V 7 Q R E O M ti O O O IA (V P7 O h 01 W N w CCl M o N In CO N Ul) 't O V IO h0 O C) y Q E O E V N• O N V UT O Uf) M U(J N O N N (O V M M O C Q C Q _ N h V N Q C' 00 _ M ~ 466Y O d T U o _ O CNO N d 07 � d O U 4- a) O x o a a Q L Q Q R Q m N t4 LLt 1 W CO 3 O m O CE CO O U E o LL _ L O N LL T U rn rn m m h 0 _ � U C h ao N h N m ao h U Lo U ` dO (O O O M O a0 O !n 0 O O V U = N O W V W w m U1 W F N NQ w Co W 'SFr I O N N N N N N N N = F- > Z 1� _ w 0 0 W W 0 0 0 0 0 0 o Y (7 W x (0 x Y Y Y (n U Q' O ti 0 0 ;k �t it �k k �k k �t U � > U N w u� w U U U U. O U W V > > > > > > > > O ❑ w W N (O Ur = w O N O ill O LL LL J Q O E y CCN C11 O c w w w w w w w w U U Q w w w a F O w O w O Q w OU Co = E o x o a � rraaa as = g z d (n !n LL C9 () LL Z LL > LL LL 2 Q Z L D m E n Y Y a F cn ? w w <n m m to cn cn cn m m w O w n G1 U U z oo ¢ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ F a > � F a � 00E- F- F- F- F- wa E F- w m O O rn W W W W W W W W Q a' g O O Q' Q' LL' tY a' ���CC (D Z Y2 F�-1 y o w w o U U U U U C)) U U a m > Q a m OU m Qa Qa a a a a U o > a Z +% a a a c a 0 O Q � a c (o (o (oWmm (ommwMao W W W W W W 00aoWaoCD 00 W 06 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N N N N N N N N N N N N N Q N N N N N N N N N N N N N N N �[ O .- O Un W W Un Un 0 0 Un V W � V V W Un O N O (O 0 0 0 0 0 N M M = � ��„ 0 0 0 0 0 0 0 0 0 0 M O 0 0 0 0 0 O -0 N N m W Co N m m m m m m m m m m w m m m m m mm mm m f0 W CD ❑ 0 0 > ❑ O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � ❑ O m IL a U N N tp7 C C 7 7 � g g i O Q Q E W M M EO O O Co O z o O U 00 Co Cu LL O Co � O m c0 N h O Un m N O Ul) h h m W V V N O Un h V M V yr N Un W W W h h CO h h h O W (O V O V O CA M ll) N O CA CA M �_ N N N N N N N N V h V N (D (O t2 (O V O N M W W M N W W O Ql V V V V V V V V m O T Un N O W W N N V W 0) N O N h p 0 0 0 0 0 0 0 0 Q) h N M N M M V Co M (,l m O W t>7 W W W W U77 W h h h Ih N h h h h h h h M h O O L r O V V N O N N N N N N N N N N CO N N �1) N N N N N N N N O Ub N N O DJ N C CA CA m w (D O O O O O Co O O O (D O (D O O (D CD O w O 0) h O O m C — N N O — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O — CO (C� (•� C yam.) L Q Y Y CL L w F U U Packet Pg. 45 8.b N c v v v o CD I'- (DI- - r M (o 00 w q c o r N c 0 o c 0 C0 c O > n n � 7 M > V V M W Cl)M O 7 O V 7 N 7 O 7 A E O O M M M O O W vi N N O V M O L6 O O M O o Ci 0 O 0 Ln O O � O r E E CO E ao E M E r E M E c Q N ¢ a� o ¢ Q r m Q oo m C'lN ¢ ni ¢ Q CO ~ 66 T V O N t 00 T O O L N C) a rn c d M E O E a O � U CD ❑a* o x w a > U > a L i s C g a +�+ Q m rn Q N I.- cc w O c c °' 4- c co ❑ o U 'O E o m CO L O ,� m T C U O F H H m z U L �+�' z z z o na ° ❑ N m +�+ Uo waf � � � cn w rn ti c www v) m `� ° zzz g z � ' � aaaa ao a a 4- d � ¢ ¢ ¢ zU z � � wwww w � w U � Q w w O 4F+ Y rn O? O_ }� O Of W of a ui Q U CK w r o w w w ZQ O ~ F -1 O 7 2 2 2 2 2 U ¢ O W ❑ N O w K o o O m E O .CL ¢ Q Q o z a w K ¢ .Q a a F w 'a 'g ¢ o ;n N g n y U V Z m ci H F H O F p Z '� Y 0 0 0 0 O Q p ¢ N (j U v M ❑ N m w a) O CO CO w o m Q z z z z z O L :5z m z aNi w Y aNi U Q a�'i Cm U a, z ❑ a a a O z ❑ a (n D ❑ o > > > > ¢ g ❑ U ❑ a z ❑ a M ❑ as 0 F a Q U a. IL a2 d a a aw a0 o Q Y a m o00 00 0000aoo 00 0 0 � N r r O N N N O O O O m c0O N V N V �O„ O M Cl) O O Cl) .0 m 00 m 0) Co m 00 00 Co Curn rn ao 0o rn rn ro Co m ti Co (6 m m Co Co IL 0 0 0 o a D o o a ❑ o 0 0 0 0 0 0Co ❑ o o IL a ❑ o a ❑ o a ❑ V CC C C C C C 7 7 7 a E E o0 o m 000 0D Co 00 O zoo 00 ro Co Co ro w 00 O U o U Z C LL M w m N M a) ++ N W O O] O ? N O V N CO > W 0 In Co m O 00 O O O O O M CN m M M Q7 N N (0 (0 N N O d' d V N M (� V V (7 O O O w O O O N Q O O O O N O V V O 1- � (0 O r t- O O O CO O O O .d+ N Oj 0 0 0 = O> V V = O O w w 0 0 w N N N N O V ` OO ` O (0 O) C 0) C N N O C N N N N N N N M C M CO rn C O C o W O O - Co M M O - r r O - N N N N N N N O - 0 0 O - ❑ OO- c� V r C L +�+ �♦ Q Y W CL r w N F U U U U U U U Z) Packet Pg. 46 18.b O 0 O O C O O C O O C I O O C O O C O O C O O C O O V O IP CO O v ° o N 7 O N 7 O Lo 7 O 7 O O 7 O O 7 O O 7 O 7 Q1 O a) CO O O M O N L O r O O Ln M O V N O O O O O O O O M O n O O M N u) E W Ln E M M E E O E M E N E V7 E O N E M N r M f� Q M ¢ n ¢ M Q ¢ ¢ Q N ¢ v) Q (n m ti V CO M ~ 00 Y r V O t r U oo — r 0 O N N d 0') C CO N E � U � w x d F-- O (� � w tC a' ° a w O V = J V L i s o uj a z v w O ❑ LLLU C O m U CL N O c E CO LL m w p U 'Q LL o O 1 u- U` N f� L O N C7 O T- r o `O ~ z � L�i = O Z r U L W u w u- Z Z Q U ? .. w O Z J U < O RJ Q' x LL v v, o LU o ¢ U ¢ F J w ¢ ¢ •�- `m s ❑ z z z UO �F�+ UU v w ❑ ❑ =¢ O a 0 w m of Lin of m w w w m w U U 0 0 UoO o o X M o o LL_ OO m E w w a w o K a a d . gQ .aoo W . WW w ❑ 'UM ❑ o = Um �Z d mwma) O m a) a) a) 2 g g g 2 a 1 0 ❑ ❑ L ❑ n ❑ l ❑ U ❑ J J J J Jm Z Z 9 7 C a 0 O < < w w CL 0 0 v �+ Q � Y d C 1� ao a] oo m co O co m O ao m m ap m o 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N Y M m m a) @ @ NP, N m ,.@„ y@. O W @ @ W @ @ 01 @ @ 01 @ @ W @ @ c0 @ @ m @ @ � @ @ W _N O ❑ O ❑ O ❑ O ❑ O @ ❑ O ❑ O ❑ O ❑ O O O O O U a a (L a M d d a 2 N N 42 N N N N V C C C C C C C C o L) 8 8 8 ¢$ 8 Q d y a v v v v v Ln E E coo ro m coo m co a0o loo O z' O o o o o o o o o O U w V z o LL Z m m o oo w oo m oo ¢ O N o pN7 °,° o aN� 0 o aD o o °r° o n n r- n g Q a0 N O N N U Ln N U ao N M N O N m N O N c�2V N �Q7 G) o N o o (n o M o N o (� o N o N N N N N L_ ♦d.. N O N O N � N O I" N O N N O N N O N N O N N N aL O O O LO O C O 00 O 00 D1 C M O C O O C m 00 C O m O tO m O Cu V L Q a) U U U V Y UU U a) a) a) a) N F. U U U U U U U U Packet Pg. 47 8.b Q = M M n n O w O ^ C O r• C O O C N w M O O C O C M � C V y M M O (D O O O 0 n 0 Cj 0 O C j a7 N O m co V C CO n R E M M O7 (OD W N T V E N V E N a0 E O N O 0 m V E GOGi O N E O M E M C Q M M N O (C (h Q V Q V C' Q O N M CV Q N Q N Q 00 F (y a1 O r U) OO Y r V N C) U i0 - o N � N d Oma) C 1C N E O U w ayi O x ate+ 3 w > a o i CL a a F M V w o CO GLO 0 04 C E o O U O N Z Z 0 0 C L' U N O �aa U r U d V 01 a0 N ~ N ti m U � O � ti ww www g w (n Q z Cu ti � MM� w (D (D (D (D ( 2 rn (3 rn a_ o r' v v O Q Q Q Q Q O O (q ' W O w Q s 0 0 0 0 2 2 2 2 2 t1 W W Q Q LL o Ln O E .v+ m Y Y C C Q C U U U U U Q C C C Co p m £ ol K Cr w w Z 'a Z .a Z .n U U U IX U U Z .a 2 2 a �' Q a d U U m Q Q Q Q Q Q Q O O � H F I- F W z U U i4 O z 0 0 0 0 0 0 0 F— w F N a: N w w w w w W z w rn cn W w d m N cn N m a) Q (D = m J J J J J =a Q) Q Q z a) U w a> > a1 U T J J J J J J J W O U) W 0 U) 0 W W W W W 2 O ( (� O O W H O Q d � � a (2 U)O 00 U) CO Q. o O v A a aY C 06 N w w w w w m a0 Co Co w Co Co Co m Co Co 00 00 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ` N N N N N y N N Y N N m (D U) V O V O_ U O V O O O O O O O - O O d .n +Q,. 70 2 CO 00 w G0 GD GO N GO Co m 1. @ Q) 1. N � a) Q) O`'5 W M. N - — T N 8 T , GO o o o 0 o 0 0 Cu D o > D o ' 0 0 0 0 0 0 m 0 0 0Cu Co O o 0 o U IL a a a a a yQVN V Ul N N C C C C C C ` 8= 8 8 8 8 8 Q °a a ¢ L E E o 0 0 0 0 0 E GO W m Go W W O ZCo0 0 Coo O U U Z ca LL Co Go ao ao ro ro oo m co co m co M Q g n n r I r• o NN o NN o NN o N 0 N 0 aN7 ((Q� d M N U U N U U N U N U O (� N N M O W (D V O V O (O O W M r` W O N (O O O O L w N O V V CO V) N U O N U N N U GO m m m m N Q (D O N N Q N N O O O O O O O O r r• n N n r I Co 0 r r r r r r O C r 0 C r 0 C V V V V V O C V V C GD 0 C N N V L Q d U U U U U U d a) a) a) a) a1 a) (A H U U U U U U Packet Pg. 48ILI 8.b o vO c c M 0] 1- o O o O o OE0 OM > > O ] O O O O O O I— O N O V 0 �i O O COO 6 0 O O O W O O E Q U) Q E oE E - Q Q Q Q Q Q Q Q Q 00 N O Nr M ~ N N th 66 Y r V 0 U 00 — O N C) d N � M d E z O J U J W k v O w U > 0 0 > p L a a U) o w CL a z rn CL m o z Q Nw z z _ L Z Z 7i W g w p z c E 0 < m Q O U Eo z v o v w OV -j z Of w Of W W }Q " V 47 V V O W a O-j F I(nu W W Z9 Q I- Q 1� U Of Ofw U U w > U U H ~ �_ Q C ti N m a 0 cu W Q z ? aa.. w g "' m °6 W a I.Y L 0 co CO Q Q CO z 0 U � WW N W � � W U= w W 2� U w U W ❑ O f+ « ¢¢ U x Z cn z t w z o w 0 � � r ar w o W } o Q o o } o f o U z o Q g o W Q o m Q a U z a z H n U a U W o_ ❑ O a U ,a ❑ a LL K w a N +p+ z ❑ ,� ❑ y Q CO w N a w �_ N d C_n w >H ori z Cl) ti F- N Cl) N 0, Fu-j 0 ❑ m z CD CD a� a� W a� Q J w m U 01 F� ❑ U ❑ � ❑ m O U' ~ ❑ a' ❑ a. ❑_ ❑ U W ❑ ❑ d Q<0 z Y K W U z a N 000 cn co � FW- fW- f=-Q O 1— O Y a. C m 0o 00 00 00 00 00 00 m 00 06 0 0 0 0 0 0 0 0 0 N N N ` Y 01 co 0I n 0) n 0) M 0) N 0) �p 0) 0 0) D O O N ` .L] O) 1] O N 2] O O S] 0) 0) ` S] 0) 0) co !0 0� N N w N W m 03 a 0`0 N (6 0p N i6 0p N i0 w N !0 0N i0 m @ ❑ O ❑ O ❑ O O @ ❑ O O O ❑ O co co @ ❑ O N ❑ O IL a a a a a a a a 2 .2 m .4 c c c c c c c c c 8 8 8 8 8 8 8 8 v O L (n a ¢ a a a a a a a Q E o 0 0 0 0 0 0 0 0 E co 0o m m ro co co m 00 p z eon nm m con000 m coo conOno w O U ❑ U Z U) (p LL Of a0 c0 0 00 O w co 00 O O Q o N °D o p� 0 0 0 0 0 0 N ,0 o N 00 0 0 � d _O O N O M N d1 N N 8 aD � _U V N 07 N N 07 O N 0I V N O N o O O M O O U) O O O N O V O CD N O O N O LO N O M N O O N O O N O N N O r- > N O N O V V N E O E W > N � O 0 C O a) C coW C V a C O 0 C N 0 C 07 C CO C, C N 1 C O _ O _ O _ O _ O _ O _ O - O - O - V L Q 0! U U U U U U U U U F U U U U U U U UN L) Packet Pg. 49 8.b Ny a CO M O n oOC o o , o o � C o ov Nr NNoC 0M o c o o o c =3 O > O O O V 7 n n E m00 N ] OO ] f, O N O NM M A O O O O O OO N ( E E cl� E E E E E O Q Q Q Q Q QNN M00 InV) Q V Q ~ N N OO Y r V O � r U 00 C) N C) a N O' C N %- 0 O E Cl! V E N O rn w U LU z O X Z W > d U Z O a O Q +� Q m > > Q c� Q F � Z Y _ V •� L w z a N 3 O m w O a U w g N 4- O C Q� co > X r v w O U E o F¢ w � W ? r Q 7 p r+^^. V c z U U ❑ U U U z N V i z,N F F w w W m Z r W Z W 0 U ,V+ F W U O a D U U F � Ow N IM ,*. U O O Q M m } J z J J O O C7 U 0 0 M W v 0 w w Q o Q Ld z w z z Q w O o} U a ~ LU z UJ W Q Z z U O iw E 2 F W a O O 2 0 a = CO Ow m Y z z w �_ r _ E w d O O z O 0 •O W = O Z O N z O ❑ = O Z_ Z_ ~ O x a x V C m E O a U n L7 U N Q w U o_ U fl m J 5- a U o Z ,a U N D O N U U 0s U F Z '� Z 4 Z = F U Q Q W d N = y L.0 V fn fn f/1 F W W tll F y Z ❑ N U m w u a X m O d w Q a> > w rn aR w D w Y ` V 0>1 ❑ < ❑ 1- F ❑ O J ❑ Q ❑ W ❑ a O ❑ Y Y Q ❑ a z a x /7 U CL o O v A a. m00 00 00 00 00 00 00 a0 00 ao ao ao ao o� m 0 0s o 0 0 0 00 0000 U) v - N —C, _C4 _C4OD v Y a) N N a) a) 01 m (D N O N M Cl) (D to V 4 w r O O dZw O 21 r M a M .0. N N N � d N 03 p� f0 N m a0 aJ N 00 a7 N a7 l0 W N (� CO a7 61 OD (z a3 a0 a0 I� r CL o o a D o o a o o a o o a o o a o o a CL D CO o o U o 0 0 o V 0] V) N y g 2 N Y V CC pC O pC pU C pC CC U pU C pC U U U U •L o ¢ ¢ a a a a CD (D CO o iz 0 0 0 0 0 0 0 0 O Z0r0 O 000 00 w 0000 m 0000 0~0 O U w OU ro Z O CO LL ao z au ro ao 00 0 00 00 Q o NN M o N a0 0 0 0 D o o N N N U 0 0 N N U N U o N CO N M m N 8 n n fE y O CO O N N O O M O N O O 'Cr M O O (D M M L N O N O CD N O CO = O N = O 01 N N N N p o o rn o rMi 00 v o rn o on o r � 00 V L Q d U U U O V U U U a ) Cu L L L L t L L U) H U U U U U U U U Packet Pg. 50 8.b O N D1 r r N V Co W O O ti C N C f0 � C 01 O (n O C O O O C 0 N C V 0) N M V V w M V V > I� > r O V (D V O O ] O O V O Co 1- O Co � V Lf) 0) I� M O M O O O �` O 00 M (n O O O O O O O N O Q R E I� V N r- N N r- 00 Obi E m Lo E N V E M 00 Co 00 E O O E N E (n V N r r N ,- M M � Q 01 Q Co Q L � - Q Q .-- Q OO R M M N r V O N r � U 0 — o N o a CN rn c a� E O U W O K 2 c > Ir_ u O L aCL Q: Q m m cn —_ LL Z ZO z J t� f6 w O z0 O CO O W O � w ❑ z z N O C Q� E oD o O o O � V U } O O 4- z U Eo W Z W wcj) _, J O V- 0 O N S W -, W ~ w x U d M U O U O m U a Q N U U U '� �'N d O W W O � m O OJ OJ z 0 UUU m m z N m U o = = F H = 2 } x v } Q a of Co > > > ❑ ❑ p ti }� p U U 2 2 U p m U w ~ w w w w (n (q ti N W es x n LU w 0 0 Cn a °} 0 0 ❑ ❑ ❑ O z � www z Q O 0 0 = U U 2 x > a = 2 N Z d m Of � V Q Lu > O O N of x N Y J } W fn F < w O � v x W_ a a W W _j W _j d F- F a Q H F H Z Q Q H r A E t6 a) Z 2 2 2 ❑ Z S ❑ a 2 F o . m o , o S❑ S❑ S❑ w o ❑ ❑ O w p o *k w+ O m E Q N N Q V Co Q N Z a 2 �Z n Q a S S S .a ❑ a O U a N U W () R �' w w Z d' Z W Q 2 w i-- p Y Y Z z Z g Z Z J Z N (U/) U f0l1 1"- r (n U w O m w w 0 > w w w ❑ w w Q ❑n Q F a� F O U U T ❑ d z z x 2 m x z a ❑ > U)E5 ❑ a ❑ UUU ❑ U U J ❑ 2 ❑ N QUw' a0 o a � Y a C �q ro m ao Co ao ao ao ao ro ro ao ao ro ro ro m oo eo m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N = = = = = = N = = N Co m c0 O (0 (0 h I: r N N N - N Lf) N N N (> N N = 04 0 0 0 -0 N O -0 N O .L] ` M -0 N O O N .0 r � r n I- ti h n n 07 m 07 N R p) CO w m R R ppap ap R f0 0p 0) Co R (p R R 0 0 0 0 0 0 0 0 0 0 > ❑ 0@ ❑ o ❑ O O o > ❑ 0 0 @ ❑ oCo ❑ V 0- a a a a a 2 W V A U1 N 75- V pC pC pC pC pC C 3 U U U U O 8 L OQ Q Q Q Q Q N E m � � n r- r- n E 00 000 cco Co Wrl- M O Z OD 000 ro W m 0 U U Z m LL 00 m ao a0 m_ ro Q +. o rn v r rn m (n (n v O O O N V V O r 0 O 47 V N O Cl)(n M M O 0) 07 /J _ m M M M M Co w 00 00 O O O M O (n 0) 0) O (0 00 O In O L y N N N N N N N N N N N Or N0) N O 0) 0) 0) N O o0 Co N O N N O R V V V V V V V V V V G W C M C M M M C M CO W C m C p (n (n (n (n (n (n u) Lf) (n (n o — n o — `n o — r r o — a0 Co o — o — CN C1 C M rte+ L Q p, N N N N N N W Packet Pg. 51 8.b Co C OO O O O O O r n O O G 7 Nto L, O C O O C O N C N n G ^ (O C O O C m G O N m E N O ui O ai � O V M O O M O c6 O cq O N N O c Q `") Q `h Q Q n `r 2 v �° < O v Q vcO Q v a ¢ v `r 00 ra M ~ 00 Y r � O � U 00 — O 0 N � o a m c N (� O L N E N cl) # E N uwj O CL) w o C k m Q v 0 OL L) Q v LMO L a a ❑ M (D O. G1 a L6 Ti o a w ccl m v a 0 NU U V W oD w a N 3 c d oo O v O m W O U E o o U n❑ U cii N o N L m LL U U N L U N w 0 m 0 a 0❑ U U } LUa } Of 1_ m V p cl: Z Q Z LLI Z O ao co ao co co 1_ W U M) w � N V; V; f5 N ^^c 0 LL LL N W R (C Z } } m O Z D7 D) Ol Q i OZ Z OZ Y W > > > U 2 a Oa w Q Q oa Q z ZOf O z LU Zw Y ❑ y ¢ y Z y y g y r OT �F+ w a 0 F O- c p 0 O c ❑ c c c z c c Q c c & c c i j c c *k T o m U Q~ m Q� Qw g rn o a X g a o a j g a U o a z L V U m � z¢ •a Z Q .cc m Z w .c w .� in in F .o- to in O +O+ Z �~ of �_ Of❑ v cr ❑ U ri) v u u Q v w N Z W U y W U y W y Z N a O y a w y a w y a y a a) w m a) } QQ 0 U 8 U w a) U a01i F ❑ ❑ O ❑ LL X ❑ N ❑ N m ❑ m -� ❑ U ❑ U N U T Z� Z U) Z U w a' J J X ❑ d a Q. Q. Qw J W O O O o •H m❑ m❑ mw Q m U U U U a 0 O Q � Y a 06 (� co W oo W co co oo oo co m o O O o o O O O o y N = N N N N N N N Y V a) W O m N 'V a) o O O a) o_ O O O O a) V O 1] N N O 21 a) m a7 l0 Q� a1 (6 a3 (6 m 'o a5 Sr, a5 f6 W a3 f6 o of N c) co (6 Q� a5 o (a ❑ o ca ❑ o co ❑ o m ❑ o ❑ o co ❑ o to ❑ o @ ❑ o co U a a a a a a a a a y y a) y a) U) y y y C C C C c c C c C V Q Q Q Q Q Q Q Q $ d E mcoo coo coo coco coo coo coo coo O z o o o o 0 o o o 0 0 U U Z o LL 0 m •• eo o ❑ co °p ao ao ao m ao ao Q C) N coo NN M o N o N 0 N o O O o 0 N 0 y 0 N o d N U N W U o U U U U O o O o o a o o L d r N O O N O coN O O N O O N .O O N .O N N N Q mC N C N 07 C 07 C 07 C 01 c W C W C 01 V O — O O O — O — O — O — O — o c L Q Y Y Y Y �c cu Q aa) aa)i aa) a0i ami ami a 0 mi `di N H U U U U U U U U U D Packet Pg. 52 8.b o C C rn n V c0 M N O (O C C c u7 C N C N N G N p C C N C N N c N W c C V O O W O O O O c` O') O o N O 6 O 6 (`M') O M 'O OLo L6O d' N D Q @ E E °' m E m E N E �� M E v E O v E M c E p rn E m E C Q Q a M Q Q N a m a Q Q Q a M o U 00 — T- O O N � N d 0') C N E O U N O x _ � c 1C > > °u O a a Q L . Q� 0' CL Q C N � F •V W CO O O O •�.O 4- O C E oo O U O N M U o N U mV G oo oo F co m w co 0o m m V; J V; W y N in in 3 W 33 3 3 3 > > > v cma cm Z cm cm om W o) w o) 0)3 a ■.. (� x 3 Z 3 O 7 3 U 3 W 3 3 3 a V a s a ❑ a a Z a y Q O a a U) O SFr E V a a 0 a K -o QW a K a Z a Z a r �' c c c c 0 c c Q c c c c 0 c c 0 c c Q c c 2 c c Q c *k Ep m y o o. W o n J o o. pZ o Q O o o. o o. J o n a o n 0 o Q O o U W o E fn (n d' O_ — J fn W In fn Z �' fn Z �" Z U U W U U U !n U U U U U ur d C) w 4. Z y d - ur a N w a W yr tl O @ d 0 w p Z w d ( w �' a Q U Z 4 U ❑ � U O ( U W 2 U x a� U o U a� U Q @ U - m of V ❑ �n O ❑ rn ❑ cn O ❑ cn O ❑ v� ? ❑ �n = ❑ cn = ❑ cn of ❑ cn O ❑ /7 n� N IL -6 O L v � Q � a. Co co GD m W oo oo W Do 4o m o o a o a o 0 0 o ) N N N N N = N N @ O @ @ O @ @ O @ @ O N @ O @ @ O @ @ O @ O O @ @ O @ @ V w r : r : r 1 r r} r r d r r .O Q� m p� @ (0 61 @ N O) @ N p� @ f6 p� @ f6 @ fo @ (6 Q� @ c6 Q� @ w ❑ O N ❑ O to ❑ O co ❑ O N ❑ O co ❑ O co ❑ O co ❑ O co ❑ O N ❑ d a a a a d a a a ` 3 3 7 3 O O 3 •L 7 Q Q Q ¢ ¢ a¢ Q ¢ ¢ E E E � co co � co co ro m co O 3 r n r- n r� r- � ti n U Z co co ao m oo ao o oo oo O U LLL f6 m ao gN g N N g N g N8 -(Ng Q g -N g N g m M O O N O o0 = O wN O w 1 O w N O aD ` O co ` O ao 11O aD N O O C p C p p C O p C O p C oo p C aJ O O C O O C W O CCaV rte+ L Q C UO7 N N N N N U) Packet Pg. 53 8.b p C (D MM M '7 fD 1! N 01 C 3 O M C M R C � N C N M C � X17 w a ¢ E �E 04 E NE EcE E E Ci 04 v E M c, E 04 vN N a a a 00 M aV aLOa4) V a Q M ~ 00 Y r V O d t U 00 _ r O 0 N � o a rn ca ca Q E O U U) O x �a °u O L 'a a Q a CLC it Q op Q ,w F WC4 r_ O e NO c E Co O U 'C E o A ` O N N U o U m y C" Co Go Co Co 00 W Co Co Co O � W Nw N UI !q Ul V1 fA z 41 Cu UCc ) M (6 01 O1 Z pl pI m 07 07 m m Cm W ¢ a7 = a' a_ a7 a' a7 a a7 w a a7 a7 ,n O E v 'a ¢ wp W � ❑ v wp w wo z a m z wo wo r w C C C F C C C C } C C C C C C C C Z C C C C r = E T o o 0 o o rn 0 0 m a o m q _ Ln m ° Si n to a a ❑ p w a a g a s n } Q L U U m fA r Cn } a N J V1 CO fn -' g fA Q g Co g' y CO ❑ (n +�+ z a U U � U U U z U U = U w a w a W w a w a N w a g w a z w a w a -� w a U A U L) a U x a U a ) U � U � U � U } N U 0l U V T fn Z ❑ cn U ❑ U) U ❑ fn ❑ (n Z ❑ cn ❑ fn ❑ f7 ❑ fn �[ ❑ V) @ W U F � ❑ a W W U a a a a a CL u O Q M Y d Co 00 ao M Co 00 ao 00 m 00 06 m o 0 0 0 0 0 0 0 0 o N N N N N N N N N N N Y O @ O @ O_ @ O_ @ O @ O N r @ @ a @ @ @ @ @ @ d p) @ @ W @ @ O] Co @ 01 @ (E 01 @ @ 01 @ N 01 @ Cu 01 @ N m @ (6 01 o @ ❑ o O o > ❑ o @ ❑ O ❑ o ❑ o ❑ o @ ❑ o ❑ o w m w w w w w w w fp1 C C C C C C C C C L O 8 8 8 8 8 48 8 8 a a a a a a a 00 O O N Co V LO O a o 0 0 0 0 0 0 0 0 rr-o r- � Co r- n I- n I V Z o ro Co 00 00 00 00 00 00 0 U Z f0 LL 2 2 0o ao 0o m m ao Q N 8 N 8 ; 8 ; 8 , 8 , 8 8 8 , 8 w °' Co NO CD NO W NO 00 NO a0 NO 00 NO Co NO a0 N O a0 N O W Q d: G ` C C C c- C r C C W C C O — O — O — O O — O — O O — O O — O O — .O O — O LCC V C � L Q d U UU U U U U U U S]. L L L L L L L L L N F U U U U U U U U U Packet Pg. 54 8.b o C rn rn v n N w o N C 7 0 C V' C V W G w O C 0 V C V V C O C 0 C N C G a E v 00 1 E u� E 'ClE N u"', E '� E m 6 19 E a E 10 1) (D E '�' Co E °�° � Q c a ¢ v Q Q N Q `n Q 0 Q m Q `n Q m E v 00 M ~ 00 Y O d t U o _ C) Od L N C cC Q E O U ayi 0 x L) 0 L o`. a a +�+ Q m Q U. w CO C 0 E oo O U EN LO =' 0 o Nja U m V CCo Co W Co CoOO O Co m 0 CoM� Q) iA N UJ N N Vl W N in N J /o v/ W �.1 Z 71 Z 07 w 01 m j7 ❑ =1 Co 0I Z I..L Z Q O Q Q Q ¢ ¢ g Q Q < w W d L N N N Z N r Y a NQO *A E W v v w -° ❑ v C COC CCwCC ❑ CC C CC ZO m 2Q' V O O O w J dz O O O CL O Co o ) i0 az Qoa a y aa w a Na 0 a w� U O z U w U U LLl UN CnZ f -j ) a U) U w U W ❑ !7 ❑ ❑ Cl)U7 ❑ U ❑ J ❑ / ❑ N O O 7 d r*NLNF. ¢ Q CL a ci� V) U) a o O C.) A Y a. m 0 0 0 0 0 0 0 0 0 rn N N N N @ O @ O @ O @ o @ o @ O @ O @ O @ o @ V S] d d r .- 4 N ZZ @ @ @ @ W @ @ 01 @ @ 01 @ (6 01 @ @ 01 @ @ W @ @ 0� @ @ 01 @ ❑ O @ ❑ O ❑ O ❑ O ❑ O @ ❑ O @ ❑ O @ ❑ O @ ❑ O @ CL a a a a a a a a a Cm U V C r- 0 C C C 8 8 8 8 8 8 8 8 (`° Q Q Q Q Q Q Q Q Q Q N r ao rn o r� co @p o 0 0 E � Co V r- r- r- r- r- Co r- r- r Z ao 00 ao Co co ro ro ro ro ao O U Z fC LL 0 N 0 N 0 0 0 0 0 p7 O NN 0 pN7 0 �, U ` U U U C) N Cu w N > ro N O ro N O a0 N O a0 N O ro N O eo N O N O N > O N Co 0 C r 0 C � 0 C Co W C Co W C Co W C 00 0 C 00 W C r 0 C 'o W V ❑ o — a0 0 — °0 0 — Co o Co 0 — Co o — °° o — `O o — cO o — 00 0 Cu L Q YY Y Y Y Y Y Y Y Y a) Q 0 V V V V V V U U U U U7 N N N N N N N N N (n Packet Pg. 55 K8. CN O O O O O O O O p C 7 ? V S 4 O 3 p N j O j O V C O 0 V O N �; O Oh O O m O o O Q N a Q th Q Q N N Q N N < N m OD M oc ~ ug, Q� Y r V U oo o O N d mCo c z L ❑ E ofE w0 U z w dO_ O x C ~ 7 {w O a L d ` w Q ++ Q m m N ' � �— w c� m p w of z N O c E co w o U E o O o (D >. L O N w = U a `1 a N U L � .. M o rn r- r > > w t5 ¢ z ¢ a co r� M m cc m n. m z z w a O v a Q of 0 N v LL � r E ❑ : E a ° _a o _n < .o a Q o F Q o Q U U m ° t7 a m i z � 2 U) o ar z O O U) Va o cOn g o vvi > Um) Q o w 0 Q o c N a n� U) U) a1 o 17 o � o Y oo a mco co m (n m 06 m o 0 0 0 0 U) N N N 1 N Y o 76 f5 p (0 6 zz W f0 p� l0 l0 o' (6 (6 as ❑ O ❑ O cc ❑ O N ❑ O co ❑ O Fes- d a a w m n N X V C C C C (p 'g 'g g L m Q Q Q Q a N r co m pI- a v E N a E coE oo z m co co oo 0 U E LL U Z E m ao m co o c2 U Q NN N p (= "' Y m Y O o0 c3 o N O o0 N O o0 N O w N O' M U N L 10 01 C z 01 C Qui C Of C N _ C ❑ — a0 O — c+0 p _ aD p — O O) p — C7 N U C E G rte+ EEL Q d U U U U U N M r L L L F U U U U U Packet Pg. 56 8.c d U 0 L CL L d E E 0 00 00 l- O d' 00 o0 O a0 V� vl O t- (Z r- 00 (� n [- IID IID rn r-� M O o0 O N O O� O, O I 00 00 110 00 M V) "�r110O r- M in O •--� r- O 00 O1 O1 0 .-� O •--� N � 00 T � r-- r- O O '--� O •--� �t \O [� \O Vl N ON T v'� lD M W) f!3 [-- O — - 00 4 O; V M 6R 00 O1 69 C, r- E 9 N C Izim W) 69 .--� � 69 69 69 69 69 69 69 00 0 69 69 b9 9 6 69 Q Q Q 00 tw .........................._._........ ... . N t� fs+ .Q U �135 eC aj Q LO 0 0 Cz L e� (J) ;. tby 0 p bA •• -d ° � °J �' `a o o as o a ` Cd ° � o 5' U Q 8� 3 ° n > ¢ �3 U `r' oCIS r. U U o Q a N P7 a� F U �i v �C ° !�. d A13 OA N O N N m Q cC N N w N c7 U ¢ U w ¢� �7 > ¢ l- �_ T M C 1 00 00 (- 0\ �!1 00 01 N (� O O N N N N O �T Ln \D N N M 'G b b 'C 'G 'G b b b b 'C b "G b b b V 0 U Z LL Q E t v cv Q Packet Pg. 57 8.c o o w 00 0 0 'D o a `0 o u- o 0 o o co co O co' O C O C O C u) C m 0 O C (D G n C VoD M E O a00 O cO O O O O O O (00 V LO O v (O O N c) O Qn O M N O N u) Q wa E v E �ti E D rn E n r N E N M E I v v rn N n - E w � Q N Q N r Q N ¢ N Q Q N L ¢ ui LO H U) T Y LO V 00 U O N N L IL rn � c a� E o ° w X U O ;o a CL > _ u ¢ O L n Q n J Q ♦+ a m Z m Q m w C7 F- x ■y R LL w w C C Y a 3 oo 0 la) w o O E _ ¢ a ❑ U = z N Z) a T (D = U ti z Cl) � K K r a Q w U LL U U af Z cL a m F oo = m O U) ti M U d z 0 o Q p O p a ¢ a O w d ti id Z O a � z zm � Q p N m ❑ ¢ a w w U O ¢ U 0 J ¢ fi r J N z W o z ms > r- U a U w F— � N 2m .3 L wzi ❑ � O 4^a CEC .j, Y U J �2 � L9 ¢ Rf m O C W S F m LL U) > C U *F. Y C lC d > O (D d .O Co J O U) 2 O W F- a Zp .O W W O Q h U) g fn Q O O n x L O m E r n z Z a O J a z W o- U ZF a M ~ o W w 0 0 a a N U U Er Z 2 N x 0 N ~ N O m N IL U¢ w a N r rn ao 0) (D d W N a U d Q a� x Q ¢ ❑ m w Q U 0) W ❑ m > ` U a) x ❑ a a o a o ❑ o J ❑ a U w o ❑ U ❑ (O N v x ❑ ¢ cn /1 a Z ❑ J J <V a' m m •/�!V ¢ Q ¢ Q Q ¢ m m a 0 O u A a N Y X a m d o o 0 0 0 a 0 0 0 0 0 0 o N N N N N N N N N N N N N N �C a N n N � N r O n M O O O O O O O O O M O V m w r m ..M. N w M n w r r � N r r r N .� O d M m pp m M m m pp M m CD 0) m @ N (6 W m m 0 m m M MD� m ❑ o@ O o@ ❑ o ❑ o o m ❑ o ❑ o o o a a s ❑ o > V N C Ca C C C C C E 7 7 7 3 77O 7 :3 T U ¢ Q Q Q Q Q Q Q `w wE N co � u) co n eo E U N E oo oo oo oo oo w oo co O Z _m oo ono mn 000 W co oo co (� U i Z E t4 LL CL U ODeo co eo 0 0o m w CD oD O N T p� O N p7 n U o u) n n N o n N N O N M v n N O'i N am+ N O O N O N O M N O N O co N O n n n n n n N O w N M 0 C O C Q1 C Q) C M M Qi C (Ti C V m 't V � V W C W U ❑ O O — o — N O — O O — u) N O — O O — M M M M M M O u v Q a L Y �t,,G� tY,,� �C �LC� �C Y Y u Q C N O N U N Ol W N CO H m U U U U U U U U Z) Packet Pg. 58 8.c C 3 C O O C M O C C Go O C O (NO C N O C O N C O Co O h •m O ] 07 M 3 O 3 a0 > V ] O ] N ] O M h (0 E o V O M O L 0 tai o 6 W O CI Co o C7 OOi 0 0 O Il v m Q E w N om E M E 'a N E '� o E 0' Co E O E °' co E N N `n M N a ¢ Q O Q Q N N Q N to Q Co ¢ ¢ h LO r Y L V 0 U 0 N 0 Na rn '0 c a� E N N U N O O 0 K O O W �m+ w0 > O w w O V U U L L d 0 U U Q +�+ Q m 0 0 o Q NLL. LO m m v v W z CO M V w "? OD O 7 C W E pp N ¢ U N OZ N O N O w Co Z m J N G V N w z CO w w � U U L U 2 U- O W U w � w Iwi H H FU- FU- .. of W U ¢ L� ¢ w z Q ¢ p of O ¢ U d p w U Co 2 2 2 2 a ti W t6 U Ow CO U w � U LL � °`� U U U U v v 0 z � O z O a w a w0 z > w p U F- z wU < F z F-LLO w w w w co 0 U U w CO O U)O Q O Q� U- U- LL U r .v+ C z CO c K w C U ❑ C F ZU C z w c w C w C7 ¢ ¢ ¢ ¢ E m y o D o = Z o ¢ o m ¢Q o ¢ ¢ o m ¢z o U o F H H H L U a U z a m Z fl- ZU a Q Z a Zw n a n. w w w w d U U m w 00 z 'ci O b U v O v o U u w '� w w w w th 0 ❑ J aU'i ❑ ❑ a� w O U U O w m 0 m U 0 2H m F- F- F- � a1 d o a z p ❑ w QzQ ❑ ir O ❑ ❑ ❑ U ❑ o U Co F- O ❑ (n () fn fn �V A K QU) QLL Q Qw Q n. m m U¢ UO U Um U a0 o a M Y d C Ip a0 ao ao ao w ro o m ao ao ao ao m o 0 0 0 0 0 0 0 0 0 0 0 N N N C14 C14 N ` Q2! _ _ Y N Ul N O N h O N f0 M f0 O 01 V ., 1] +�., O w 1] .�. N .� « N N S] N N O N 1 O m m rn m m m m m m m m m Co m ao m m rn m m m m m ao h h n ❑ o o ❑ O ❑ o ❑ o ❑ o ❑ o ❑ O@ ❑ 0 0 0 o V CL a a a a a a N Vl N 422 N 2 U CC ppC pC pC pC pC U U U U U U U •L O Q ¢ Q ¢ Q ¢ Q O O N CO V Ln E d �2 M M M v M E Co 00 00 00 Co 00 00 �0 z W 000 000 00 hW W Co (E V L Z ^� LL a0 GO OD a0 CO OD 00 n ++ N N O N v N W a1 m O D1 M r h N_ h O h O h O h h u7 07 iCi 41 O h h N O W N N W N N ao N V N m C C C m C N m C m C N C m C Ch7 M M M V O — O — O — O — O O — O LA, Q Y Y Y Y Y Y Y W CL Ul N N N N U7 N (n H U U U U U U U Packet Pg. 59 8.c r N O m O OO O O O O O O O N Co NQ w n O a0 N O N p O a0 O O 6 O M O O M O N O) I� O N Co O .0 C6 q' Q E ro E N cD E O u� E E m E Cl) � Cl) a o v v n E M V Q r ¢ ¢ Co ^ ¢ m ¢ `n ¢ �i ¢ M m m v v M M ¢ 19 LT ~ e- Y Ln 00 00 U T- N N d O) z M p y N z Q Co `" O o o g U Z Z U w w w H Z o U O k c w wCn zz p W p 0 M o K W O p > Z Z > N Y a cn x F- U O ❑ U U U ¢ J U L L d a U) w ¢ u' wm CoCL a c LU g Co 2 CL +IwJ Q o Fza¢ a m I Z O ❑ ¢ z U (0w �F Q— LU Co =+ w C7 w Q w z ° Z) Q ¢ 2 z Of z w x U z m M H Ix0� "- O _ d 00 w Ow w O U w g U w F U E - w (n w z0 m ❑ a 2 Q ¢ z z M 0 N U O H d C7 CD CD a U U tq cV N U Z > O of M 0 u. z z z J o w w ( U w o w a W � � � C ¢ wI � ti ug u� ug o o w w m .}r Cl 0 O p IU- Q F U U x 2 x a. F- > ti MM w U cZ a O zz E F- U U U p F- ti Co W w w v w 0 ? M Co M CL H O O P Y Y Y U Z Z U tD Q r (9 flj p w } °° z¢ w = x Q z LL LL LL CL CL CL O LL F F -j -j CL E 0) K O p O O J U) O U F- O w Z p U O O O F- O o C7 O F-- F- 0 L 0 m .Q ❑ 2 'a w 'a g U (D 'Q (� � .a w w w w w z Z W 'Q w w d CO w z O ¢ _ Q w U U U 7 U 2 2 z z w ++ U �' m O m w a a Z a) z Z th a) Q �u a J O m O O O O ww O ¢ ¢ u¢i a ¢ ¢ a1 �V ' w ❑ w ❑ ? 4 ❑ J ❑ O ❑ J ❑ ¢ z z z z ❑ U U may/ ca ¢ x J O Q� R! a U U U U U ❑ ❑ - •Va. 0 O 0 L V M a Y d Co 06 00 00 00 00 a0 w 0 0 M m m ao ao o m ao m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N = N ` N ` N N N Q = ` ` Y N p a) a) M a) m O _N M O a7 t 00 00 O Il- N N V a) a O M M 0 O � v a7N O) Co (a O) a) N O) Cu @ N N p) a) Co e0 aO oO Q) m @ N W IL 0 o a ❑ o a ❑ o ❑ o a ❑ O a ❑ 0 0 0 0 0 0 0 o a ❑ o 0 o U N N N ri73 N W N a) C 3 ¢O CppC pC pC Cp Q ¢ ¢ ¢ Q QpCU •L Eto M m �2 E E w 00 ao Co w 00 00 O Z ano 000 00 Co m 00r- Co (6 U L ^M LL LL 00 a0 W V � O M Co_ f+ a0 'V c0 1n O I— N O_ m O O O N O N Cl) O NN O O p� M n O Q) O N O O d 8 O N U 01 N a) 00 N U M N 8 O N U � O O O O (O M m N U ti O w N r- r- O r N r a1 rn 01 W M V 't i� ao M w N O N O N Qj N Oj V N Oj O N Oj Ln O N r (0 N I� r N Q> .� 00 C M O r 00 C O C N CZOD O) 00 C M M M M Co Co Co M C V +�+ L Q d U UY U U U U 8 a) a) a) w Co Packet Pg. 60 8.c OVm T O O C O C CO C oo N cD Lr)N O `2* Ch O C 00 00 O 0OO > M N :3 M O N ] > M U1 O 6 6 m h O O O M O M M O M O M 00 N N LI) O h N O N Mm LN6E -O rO N rNM E N N E m O E 00 E O h N h 'o E to O N E )fO Oo V? h M ¢ N NC ¢ M ¢ Q Q O O N h C ` r h .- V O) N N LO ~ L,T^ Y 07 00 U N O N d 0) Q E rn E N rn O � U N O d N Or 0 C7 O L) Y y d Q U Q a CL ♦+ ¢ a U Q R LL Z LL W of }m T O O = O O J Q = E Corz < o U LU >, O N Z OU 0O Z Q N i U N 0 ¢ ¢ H Cn W U W W W O 2 N N U � J Z w N ❑ J J J U U 00 N h � U O Q ZLIJ W �_ ❑ d U) LL LL Q Z ii LL Co 1� z J U = a U) a cn Co Q vmy W x x x x v M N it Q LL O U w a z LL z z ¢ Z w w w w o LO ■. v ❑ w w ❑ ¢ Of Z 0 7 0 O_ a o z Q > > > > N w wM > > w w LL w O U) o a co W w J J = a O w z F a z a a O Co ❑ ¢ Q Q Q r O }+ "+ w w z z -Q' c C J U c x Q c C7 O_ (D _U ~ c 0 = � r_ CL (L a m ❑ �k r = l6 m 0 0 0 Q LLI '� W N Q w o U C7 4 F 4' R 2 .o LL O OLL .o d' 2' 4' O L O m E d ❑ ❑ p_ > LL O. Q R' Q a` ¢ 2' O' a O F a LL d �♦ ¢ ¢ x x x V U l7 U N U U Z } } } } ++ Z (n fn m m w g F- N U W y x N ❑ ❑ ❑ LL' N d' O w N O ❑ ❑ ❑ ' m Q Q m m d of d ¢ O m m 2 O m Q a) O O O O 111 U T d LL co co Z ❑ Z V ❑ Q d O LL Z ❑ J J J V ❑ d LL ❑ Co m m m Z o o w a w O y v V M Q d eo ro co w .0 ro 00 w w w a0 00 ro ro ro ro ro m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N = CN 1 N = N ` ` N N ` N = Y M O O � w (` � = 2] .-- O O N N N � ..�. N M O W 01 01 7. W W T (d Q a) a T a7 a0 a0 Co 00 7. Q) T N oo n n h o) O O O O Cu ❑ O N ❑ O a) ❑ O ❑ 0 0 0 0 ❑ O Otu ❑ 0 0 0 0 0 ,+ LL (L d (L a a V 2 47 .N. N N N C C C C C C O Q Q Q ¢ Q Q d d I Ln O h a0 E v v co ao ao ao 0 Co O Zh( o CohMaha M Co I6 U ` Z m 0o aoho 00 ao ro No CCo °D M O M v O O m O sr O m O O O a7 m O NN O 00 00 W O N O) m O m d M O O m N Z V —N O V N U to a0 m N U O h Q 8 M Co w v (D h O )� O h 00 O O (O h N 00 h V m )- O y N N N N O N O O N O 00 N O LD M M N N O w N N O �- 0 0 0 0 a7 h h M M > O > V > O m O O O O N O 0 0 0 O2 ❑ N N m0 C Co Om C M Cm, C r C l0 (O O O m0 C r m0 C a0 (0 (O CO V +�+ L Q Y Y Y Y Y Y c a) a) a) a) w a) Ln H U U U U U U Packet Pg. 61 8.c C 0 3 n N 00 O N Wn C (D (O O C O W C V N C O O IP C N n W C ;w N O n N N V M N O (D O > O O N co O h •- O O h R E N V' N N N N N V 'D O h N O N V O 0) o O O 00 O 00 (0 � O O n n Cl) v n w a0 E N M M E N h E (0 ao E V N r E N 00 M OE C Q o V N N a Q N Q N N Q N Q Q Q LR a0 N ~ T^ Y LO U W 00 U T — O N N d O Q E O U N C N X 0: > O 0 V L m � — •y LLz ~ L LU z z T LU w C v~ i F p O a a () E Z j U Z) Z) LO 'a oN Y O U) Q v z pw N *>'' E v N UNi ga z w Q z z w V G1 V 'o`� cn N V O Q LL O a O2 M: O CO t6 ti m MM� U 0 N N O > (" CL IL Cn � N o 0 w a x LL ZD L) N U � � O w � ot1 ors fn {.V ` 0 Cl) w (imm m0- CO = Of w �- LL CLz OO Z LL Ft OfOf o W g x xt w U X O Z p p ❑ Q ❑ co O +4 E v x x w w > w w x a a W ' U O >+ _ tao W W 0 w N U > w a o a J o U o w w z o a w o W W o �* E d > > (n (n a' fn > X N O W H F — W W L O m E U U Q Q O Q O cn w o X w a L) Z .a > > w Q F Z g z z x a d U U m t- r W a (n W us w W ❑ z a s a U +� Z > a' a' m Z m Z a' w O ❑ Z w p m (D w O W m w w N m w Q Q ❑ W 7 W Q m W W Q U (D 0 0 Z_ N } N m ` m Z a a F- Cn F wo a W ❑ (i (L Z ❑ A- > ❑ U U ❑ a ❑ 2 ❑ W w O C7 IL LL LL a ' o O L L) m Y d C (b a0 co N W co a0 a0 a0 00 Co 00 N W ao ao aD W 00 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o h N N N = N V M M (+1 a a0 N V V V O OD r- 2 n a rn m rn ` ia Cl) r m o 01)am (D w D) m a) m ❑ 00N o o0 0 0 0 0 0 0 0 0 o o o aCmo ❑is d VCL a a a a a n N N N V C C U pU U O C pC pC pC U U •C' O L U) Q Q Q Q Q Q d v L2 E E Co oD CD ro o0 00 O ZCo Co 000 Co Cho Co (� U LL oh o v d a0 Nro o0 Co M V O �_ O (0 W f+ N Co O ON (D 07 M oD h co N h 0) M O (D W O O O V V O N O O N W O Q (D N h O (0 a0 O V �_ o) Co (M p_ M N N J V V U O w (D � M w a0 m V h n n h W h V CO n M N n N N n r O V 'Cr V' V V '7 V N N O O O N O N N O O O N 0) O N O O O N O R W M Cl) Cl) M M Cl) M M '('D' � M 10 (0 00 W M M V m 0 N N N N N N N N OO C N (coo 00 C N C) �' N N 00 C O 0) C, C 0) 0) 00 C _ rte+ L Q G L L _ t L F U U U U U U Packet Pg. 62 8.c p C O O O M M O O O O O O O O O O O O 0 ON M V N O O h O O O j O O O j O o O W j 00 U j j M U O OD O O O 1— O) N O O W O O Na O O O 6 ' O h O O O N O N N E r ao o E ao o n rn E r 0 E °D N Loi E O E r N E N `o E `O m E N Q `a N N < T N Q N Cl) Q N Q n Q Q Q Q m F LOh L 00 00 U O p N L A C%4 d M Q E E C, O o w U z m w O w O rte+ 3 w W w > LL u w U U, OZ L a Z d Q U Q Q `6 C) p w Q N m z z z w w z U LO C1 m LL w w w F C7 Q v w 2 2 U Q U 3 O a a IL 4- 'C E o O CO w w w p w z0 u~i w CO L O N z Z w w w °D m F 0 Ur Z Z Z QQ Q Q1 c V N z 0 0 0 0 w Coo U- ul Co ❑ ul U m U 0 _j 2 O ❑ ❑ ❑ z O z z ¢�¢ O O O 1� �0 0 Q Q Q Q z Q CO 2 2 W LL p LL LL Ln ti Cc inz Q C7 Y Y Y w z w w 2 = z m z z 0 d .0 Q Q O w CL CL Y ¢ W w �j w w w _ w �+ E a v = o w w w U o = 5 C w w o O w C U) 00 C w ❑ C � o E d w _ CL ._ of � ._ _ Q _ >- ._ w ._ L w, p m £ Y U U :c z z z Q LL g a U U Q Q m nl a c� a m �- m +± U U F U U U U F U �- w U U K U w U Z C J aZi U W aNi cn CO 0) F O Cn O v z w w m x N g g Cn m w w z a) w = a� w w! U N Z ❑ ❑ ULL LL ) Z ❑ U U Y ❑ Cn Q ❑ ❑ O ❑ O 2 ^� of a Z Z Q Y Q J li p 0 c V M Q Yd N 06 O aD r 00 M 00 O ro w ro 00 00 m m o 0 0 0 0 0 0 0 0 0 0 0 0 N In N O N ti N N 04 O 0 (O O V O M O O O M N M V O O 1] w N O r d N Sl O r O ,O„ r Y r O O M d r rn N @ O W rn QI ([1 @ a0 m N Q1 eo m N OI N N 07 l0 N m W f0 O7 N (p W 0 0 @ ❑ 0 0 0Co EZ M Cu ❑ o ❑ 0 O ❑ 0 ❑ O O O ro 0 0 Cu ❑ o V IL a CL a CL a CL CL N N V) N N N N N d C pC pC pC ppC L C pC 8 O U U U U O U •L O Q Q Q Q Q Q Q Q N l2 t 7 N 2 E UfOO CO (NO E E m cD Co W o0 -0 m m �0 Z Co 00 Co a0 Co ro 00 ro m U L nn� U- c0 c0 a0 w Co m 00 Co EL ++ a� a7 a� a0 a0 W O '; aD V O N r 07 M N U O) N U M I- N U O Q O Q O Q N O 0 CO O I- V 0) i� O 1- N O r— N 1` N (` N 1— V 1� N yd.. N O N Oy O W w N Oj a N O O N V N M N O N N ry oy M ey N N W C M N W C M W C W C CO), W C N C C r W C U V O o - o - N O - o - 0 - O7 0 - 0' o - 0 - Q L Q Y Y Y Y Y Y Y Y CL L L L L L L L L F U U U U U U U U Z) I Packet Pg. 63 8.c p 3 00 O O O Q01 C O O O O Ci C M C m co N V C O O O C O O CI O N ] N N O O N O W f0 Ci O r M N N N ] �f1 Co �: ] O b E O N O r O V m V V O^i O O O O O c0 M M O r- N N O N N E n E m E n E m E E N E N Q Q N r Q °° °° O Q M N r (D W Q n `"' ¢ Cl) N N Q N V Q N F r cD N LON r Y L 6 ao U O N NIL rn � c a� E O U y O X i > O O V L 'a L ao a CL� � Q m N O O Lo U w z a s °0 C/) r 7 •� .- O Ca Ca N ro O `F-0 0 O E O Z W W hW- N o N U U L O N m U U Q m N = OJ f/1 U n ¢ ¢ U a v Q UJ m z N U m 4.0 U O 2 a 0 0 Q ch ro _z d ti m d ~ a W W U T N Q Q W � W a ~ M r+ �y a U W fn =LIJ N (� W L p 7 � v x x w O O O � O w w a > Q M O v ❑ H H W a s oa.. Q a w = x J w z r E �. U) c Q c U U C �_ w C P C W a W C ❑ 2 c k ,4 E d J J O F- F- Q r .0 Z .r W O .0 W Q .0 L O m E U .d a. Q Q W a In fn (n p W r t' W r J .�- LU qW d d V U Z N O W N Z Z O N F_ O 00 L)) W Q N a J a O N W J J b J O O O W F N ¢ N W O W O Z W d m m o m o ¢ ¢ o v v v U) a ❑ u� U ❑ a m a a ❑ o m x ❑ vi U m W O ❑U Q U W U a z C. 3 O v to Q Y d C � ao 00 ro Co co co co ao m m m Co Co Co � m o 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y N N N N N N N N N N N N N N N U7 U1 N N 0 r LO N N V 0 0) N N r er O V V y r d O O N N O O 1] N r 0 0 m w N W (0 01 C7 01 0 CC*, m a ❑ o a ❑ o o a ❑ o 0 0 0 o a ❑ o a ❑ o 0 o a ❑ o o a ❑ o V tl1 Cpl C L C C C C C o 8 8 g 8 Q Q Q Q Q Q Q E `y Cl) v in cD ao m o �2 o m cD cD cD z 00 �o Co 00 00 00 Co Co U L Wm LL Cl) Co Z a0 aD (0 Om1 m m m W c0 O m N W raD m M o0 N N Cl) N m O m M m N N Co O V' N m m N m m Co Co CO h In rO m 1� Co r y N O) In N j O O N > m m O Co m N > O N j m m CO N ! N N Co m m C n m C N N C w m n r m m C r Cr) C N Uj U ❑ O _ N O _ r r O _ N N N N N O -IC L Q le 0 0 u 0 O. t t L L L L L Cn Packet Pg. 64 8.c O C (D . O o 0 o m N (D O O O n O N m r O V 0] 0) r-- n n i+ N � N L V) O O 'Q j (0 r r 0 V 0) V O M 0) a0 0) 00 M V 0) O I, N E (OD E L'o E M E (O(1 ti 04 E M N r- N E N to v N O c00 V O (00 (ND C Q ¢ (O ¢ LO r ¢ r N ¢ (D (D V N ¢ N r r r r r r r It P r LO F- r Y LO U 6 00 U N A C14 d W Q E O M U 0 0 x o > Q Z z o LLJ LQ a Q w d w a Q c ++ a m .0 a N !a LL m N LLI v w �_ ❑ U V 3 ` w M 0 O c d 01 of 'a 00 E o > ¢ w = J � J � � � � � 0 2 w e`cz w � WZ � � � z � ggui ¢ O (n vwi w z w z z z Q�Q q�¢ Qwww D N U G1 U m Z w W m O ❑ U C7 C9 c7 N N N Co (o U (n ti m dam+ U o z_ v=i Z:) x O a U ❑ o d d C2 ui w w w I- F- ¢ U a ti C MM� � �; ¢ o (nMU) � � � 6v� v> (h (h (h (h (n6 (h (h (h N W O Z w (n w d V ❑ F- w w m J F J F- LU 4' m � m D_' � � � w w LL' K d' ` U w a 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co d t IL (L a o- (n LL w w LL LL LL LL LL LL w LL LL LL LL r o }' E g c ¢ ui c x c c ❑ w w c z z z z z z z z z z z z z z �# E Co ❑ o J 0 (n w o z d o V) ❑ (n ❑ 0 p ❑ ❑ ❑ ❑ ❑ ❑ 7 ❑ ❑ 7 ❑ ❑ ❑ ❑ O m E a a x a ¢ Q . w a w w w w LL 'g w w w w w w w w w w w w w w Q U U w w . m 2 U U U U Z N Y J N w N cG w N LL (L LL LL N J J J J J J J J J J J J J J d w N ¢ U N ¢ rj)w U7 O U N LL LL LL LL N 0 0 0 0 0 0 0 0 0 0 0 0 0 O a1 V J ❑ ❑ U O ❑ U ❑ O O O O a ❑ a a a a a a a a a d d a a s /7LL J 06 C a z O a CL ' O L V M Q d Y C l600 00 00 a0 OD 00 OD GO 00 00 a0 a0 a0 a0 00 00 00 00 W a0 a0 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N v Q N Q Q � Q Q N Q Q Q N d N rn N N N N N O I- O r V V w w w w w 0 w I- V .L] r O ` .O Cl) Cl) = 1 r O O r r r O " 0 0 ` O O N (p CO Co N 0) Co N (D Co N r 00 a0 ro W a0 r r n r r ro t` a0 a0 t` 0) 61 m ❑ o a ❑ o d ❑ o m ❑ 0 0 0 0 d ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 o U tll N N 1!1 N Q1 G C C L C i 7 Q7 7 7 7 (� c Q Q Q Q ¢ Q m y O N (0 V E E n E oo m m co ro O Z0000 00 Co oou 00 (� U L Z Co LL 00 0o Co ro m M a0 0- 00 % v u� (� Co v v v v v v v v v v v v v v N O p� O Q�77 M O Q7 O h N V N o ti N N N r N V V N CO M CO o0 d Q U Co N U V N U_ O a0 N N N U O 0) 0I Iz r- (D V V (D (D I- V O y d) r N r D V V V W N N V M M r� D 0 ti ti N N ., N O) N V N O N N O 00 0 0 0 N ((7 N v7 u7 u7 N N ((7 (A (n N_ O O > > > > > O 0 C 01 C C C ' O O O 0, C V V V V V V V V V V V V V V V O O O O O c Ln� Q Y Y Y Y Y W C. N N NN N (n F U U U U U Packet Pg. 65 8.c C _ CD cc O O M V (0 O V V CO V LO C3 c (D O Nr N O Cp f0 n W O C O M C O O C O l0 N V) r n r M N N N M N > V r O M N O) r W U) V O O O M O I- N 00 M N N I- O h M O V V r O M 0) V : (O (D O O O �T O V O Q 0 E Co N (o Co M N LO Cn CO r O W O (O CO (0 v M M LO E E O N C Q r N r r Q Cl) V r r Q (n 6 Q c C' lid �2 �2 ~ T,^ LO Y 6 Co U r O Q p- M N d M Q E O U H O x > > Q 0 O u L L a Q Q CL a C Q — N F- LO w T C o � � o ° E co } Ow W Z Z Y Y N o E O U Co U U (n U) Q L) Un EE F- F- Q2 -1 �j � -j Cl) `�n° 0 z Z w N V G1 °n (q O p U U w N O 1O x W > L=LI = Q U g W ti m U o F vi ❑ z ui F LJ Q d x x > > Y > n �' z a a ti C a cq (h cn d� ch (h th (h (n v� w > w of O O o w nI w OLO 2 CO > W F F F ❑ n 0_ W U) O W LL CO) V d' K on of F Y a a (n U O > w Q z O O O O LL LL LL LL LL LL LL 0 LU F Y Q p Y J W w w O F Z af O '� E w z z z z z z z z z z z z 0 W W a Q Q U v > m w J ❑ k E (a w > > > > > > > > > > > > x 0 > a) c7 m ¢ C) Z z 0 O a o O g L w, O m E w w w w w w w w w w w w ? ;a m X w z W U w w w O m .a a �Wj U V b U U U U U U U U U U U U Z J J J J J J J J J J J J Q N d' F J Q a w O F } N O N } a O O O O O 0 0 0 0 0 0 O m Q w Q w Q ❑ O Q X w w m O a g W a1 V T a a a a a a a a a a a a ❑ a li > m U w ❑ O �- ❑ F- 0 ❑ a 0 m CL a aU) a a O y V � V � a a Y C OZS (p m ao ao m m w w oo m co co m ao ao 0o ao ao ao ro ao 00 ap eo ao m 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y M M O r r r r r r N N N N N N r r r r r r r r r r O d d N d 6) W O) O) CO CO CD aD Cn m ?. 47 QI QI QI OI O) m CO l0 r a l0 aD 5. O O O O O 0 0 0 0 0 0 O N ❑ O O O O O O O O O O > ❑ O N ❑ O (0 C) a a a a N N W N V C C C C N Q Q Q Q E y LO m r ao n n n n E 00 Co 00 Co O Z oro Ono Oro aroW LL U � Z 00 LO V V V V V V V V V V V V V 00 Co V V N V Cl) V NNNr N Co M 00 a U O Co Cl) W o0 07 C0 I-- N Co 1� O N V N (0 CO W N 0) N O O O C7 N O _ In C0 V l0 C7) 0f 07 O O M �M V V CO V V V V M V M O O N Q N N N M CO CO O O O V V f� n n n r r r r r r r n N n +d.. O O [0 (O O f� (O CO In CO O O O (0 N O> N N N N N N N N N N N O N O> O N L Cp O O Co O O (0 (0 Co Co CO V ❑ V V V V V V V V V V V V 00 C 0 0 0 0 0 0 0 0 0 O m0 r 00 C C, .2 V r � ++ V Q (B U U U U U) Q L t L L ~ U U U U Packet Pg. 66 8.c oCt O (O N (D n O O o M O fD N h O t O O t O M 1 CO O j C Q N -- -- O :, O Lo , (O � N 00 00 NE N O O O M (D N N .D (n D1 O D (6 QO Q DM QN .- Q N LO ~ ^,TY L/ U 6 0o U T N N d C N E O U N O X 2c > 3 > °u O L a u d oQ D m ofLO =/ W fn m T •� L O W O O 2} C WE ODF Cn J Co J CL W O E _A O as Q a V _ Un ❑ z Z zcn � ~ v U N Z IL w W J Ow W Z .. G1 07 Q W (A (jf ti m IL LLI SFJ U Co } U Cf K J d' 2' W 2Q2 O F a ~ U) W t6 W J Q Q Q Q O O Q O Q O of Q F w U aQ F- f- F- � Z Z z z 2 N F H � w ❑ > U W z z z z > w Z W Z w J Z Z_ Z_ Z QQ w O Co > W w W w J J J 0 H w 0 0 0 W ❑ Z Z U t O SFr v Cf of d a a a w A E d o w OJ o 2 0 0 0 Q Q Q Z w F F F- o Z o g ,`o_ W } o V L) m A a Of W H 0 0 0 0 0 0 0 0 W W p LL z 'a ❑ '� U Q .o ❑ Df LL LL Z N W w LL LL W w ❑ ❑ (n (n V) !n w W w w 0' N W 2 atf h N Ox N Z Z Z Z J J ❑ ❑ ❑ ❑ J J Z (n N ❑ < N U N Z N W ❑ ❑ > > > > Co m U U U U u. LL S C7 U' C7 Cn ❑ C7 2 ❑ ❑ U ❑ �V m w � O O a IL O of a o O Q � ..he a m o 0000000000000000 o s o U) N �V N N N N N N N N (O O C\l O O = aNN N 0 O O O — — — — ❑ O ❑ O 0 0 0 0 O O O O O O O O O O O N ❑ O ❑ O ❑ O ❑ a 0- a n a U! N Vl aN. yN+ U C C C C C 7 7 'O 0 Q Q Q Q Q N y O O N M m ` W c0 O aD E oo oo oo co oo O 0 � -0Z oo oD W O (a U O � Z w LL � a W o0 r O N M V I� M V N O M N W oD Z co N ao y"( O N N N V N M M N N N (n (n M Q N LO O D) W D) M N D) N N m m M D) (D (D w to O O (n O N O M C M M M M O M O O M M M M r r ti ti N N 8 W N N N W r- r r r r r r r r r r r r- r r r- n ti co h n O n w N O) O O (O (O O (D CO CO O O O O O (D (O (D N l0 N �_ N O N 10 O (O Oi O N N N N N N N N N N N N N N N N T C N C C M rn C U N N N N N N N N Cl N N N N N N N O — O O — O — O G rte+ L Q Y Y Y Y Y CL L D L L L N H U U U U U Packet Pg. 67 8.c _ _ _ p 3 O O O O O M Ln M I, O O N O O O M 0 co O 0 O O M � N j M W a0 M O c0 LD In r V O ? OCi . W 10 E Co O E O N E V M E O N O E N N (D CO 001 CO N N M CN N E O mQ o Q o c Q aN roi Q � m ri Q Q LO m � F N th r Y L 6 00 U C o N M N d w E0 o E m O F- U) U x o O z m N o ro m z d o o O O L o C Q Q CL 4 LOU O p W 7 m w O O U 3 O d F = = Q c O E co a a w } U O N U O w Cn U O fn C U N 5 v < � ¢ ¢ w w N U MM .� z p p❑ z z Q ti U1 �.y 0 O p z O U Z a F F F F z W a z m o �. a F F v O z� z0 z a zp t Y z ¢ ¢ ¢ 2 a a a U) F ¢ ¢ C9 Ca O w r CEC +� J ❑ c F= ❑ c o F c a a ❑ c a a a a_ ❑ a a ❑ z a a w yT G m d W Q p ❑ ¢ d ¢F .4 > > Q .0 F F F F Q U) O Q d F F Q p .o W U L O E F z a Q z .a z a z z z .� ai ai ai lai F F F F tai tai Z U .a ul U Q U U m mQ m LL'm a1 j ma w v1 v1 W 0)) g999000QU9 9 Q~ - O U w d d � ❑ w ❑ U z ❑ N N ❑ a a a a (n FJ ❑ U � •� ` U a ZF z Z z ZQ r U)w U) uQi� v¢i U)i 0 U) M c a0 o a M Y d 00 a0 00 a0 Co 00 oO o0 (o Co N 00 m 00 00 0 a0 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o th N N N N N N N N N N N N N N N N N N 7 Co N (h Cl) N N N N O M O t0 r- O -0 d N 0 0 N N 9 O M N N N .0., .0 m Co m m m m p1 m m � m Co m m m m m m m m m m m m m m m Co o@ ❑ o@ ❑ o@ ❑ o o ❑ o o o o 0 o 0 o O O o @ ❑ o V Co CL a a a a a N f� N W N Vl L01 C C C C C C 7 > > 7 00 7 3 0 Q 8 0 Q Q QCo L a00 W � 1r-2 E 3 n n n r`°° m Co 0 � U z oo a0 a0 00 00 00 Co L L LO Co LL M CO 00 e0 00 M M W c0 Co O N O NN O N 0 0 O UU77 O p1 W O Q O N U O N U O N U N U V 7 i() O O U) v 0) V V N O O N N (D I,- N n O O, N n M M M O N M N (O R M (D I— N r y 00 N O> V N Oj M N Oj N O) O] M M O W 0) W (+D O O O _N Om N m c m °) c M m c o rn = w (o (o (ND w w (o (o m (ND (ND O7 = Q1 0) U V o - o - o - o - 0 0 L Q Y Y -lG -�L Y Y OL N N N N N N (n F U U U U U U Packet Pg. 68 8.c O C M 0 0 0 f� M O co M N f� O C O O C ~ O C O N -qr06 11� C L V C W G ] M O N O r M O M M (O CO > r(� ] O S N . a0 ] 6 ] V @ E Co In V' W N Co Cl) r Co M M to w ON) E N E V N E v 't O N E u) N E O r Q Q C O r N r 'r M M a0 t[] Cl) Q Q r Q r M fD n Q N o Q N It N co N N LO ~ T— Y L 6 00 U O N N d 0 O <C ❑ V z L W 2 E O m O ❑ o U W rn w y 4 O CL c > _ � ❑ O L a °� o Q G1 ° _ z LLO Q V1 LL O «s � v i° w p Y z 4-- r_ Q O 3 cG) °' z J Ix N v -a LU E o z >+ L O N z U z Q U r� O o oCn lo U L d cn o ❑af LU LU x ui C oN v z co z > Ln m n M N MM� W W � M � Y 2 U W z at * LL w 1 z > co U_ U_ U_ U_ U_ _U _U _U _U _U _U _U w W of _ = 2 J 2 J J Q � a.+ C > > > > > > > > > > C C Q' W C W �J..I W Q C U Q C W E m g 2' 2' 2' 2' d' R' R' 2' x of 2' Q' O w O W � O % U p W U p � fq L O m E — w w w w w w w w w w w w z a z g C7 a K z a ❑ z a Q U U @ cn cn Cn cn 0 cn cn � u> U) U) O w Q Q Q cn ❑ ++ m m g g g g g g g g g g g g ¢ d —' J = m w w w = ai w = ani O Y v! U S+ ❑ J J J J J J J J J J J J W ❑ (n ❑ � ❑ Q-' of � ❑ � ❑ U V 0) O d a@ � O O O � Q. 00i O � A Q M Yd C 06 w m co oo co ro oo oo oo co oo oo co co 0o o0 oo o) m co m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o Y N N N N N N N N N N N N N N N N N N N In l() Ln In Lo Lo In a) w) Lo N Lo 47 Q1 m N N 6) oo r - r O r Y @ m m m m m m m m m m m m @ @ m @ @ I� @ @ r- r @ @ m @ @ @ ❑ O O O O O o o o o o o o N ❑ O @ ❑ O @ ❑ O O O > ❑ O N ❑ O N CL a a. a a a U V A w N N N N C C C C C G 7 3 7 7 c 8 8 8 8 8 8 L y O N co V u) E O D2 T O) E r- ro h r- r- 'ra0- U z oo oo o co co oo (� L �L O ^V LL W W GO OD 00 co 00 I..L co co e0 co W a0 W co - O co co g g g g Q� g co co co co o 0 `r° 0 0 0 M o Q Q3 2 22 N N Q M n 5 N 8 _ N O N 8 u) V O N 8 Q N V' N N co v N N N N N N N o) o w r N o m N � v � � co Lo N N N N O V V N O M N p W N O W I- co N p r- N p V' N @ o o v) u) . 'm N ' 0 0 0 o m c o m c m c u) n u) m c n m c O o) p — r r 01 d) d) W 01 O r r r r O — r O _ I� O — N N N O — 'C o — co O c V L Q C ) L L t L L N H U U U U U U Packet Pg. 69 8.c C _ ¢ E O . j O O :3 O O D Oj o No 0 Vo N $ 0 0 o o ChO ChO Qo ( 0 E E mm E 0o E N E o E cn E ¢ h ¢ (D ¢ ¢A ¢ ¢ N CD ¢ ¢ ¢ ~ � Y � V 6 d t 00 U O 0 N L N � d 0) Q E O U d w O x O c o > > Q' u ^�{ O d oo Q W Q m Q +� a m m w Q L _ W Z C) U ao z ¢ v '�•-�, > —i OD w y=, U :�NC ¢ N❑m Z Z' mw w m O m r(� UUO °° Zo Cl) OJCoOrO W U) � N W w < z z O O (1)0 w Ow wO CY)m ++ U 0 U w O -i F- z z w w ti w 2 w w w z z d N mCO R d, m z g z a w W w w � O O v- Co m e w F ¢ ¢ z a U g Z J U) w a cn a w 0 0 0 ♦W w Z U U ❑ w Z z ¢ w a' 2 0, S Z Co m r A C R o LL' o vi ani o IX a o w o ¢ w z o w w o w ) � o g g �..� C C m W O d . W W ¢ X Z 2 (n Q > !- d' F L O E n 2 .r- z z .r U W .a 2 w o. W Z F C O Q a m UQ a m m a Vj Vi � U U Z Y m v 0 H U u > - u F S¢ ci tL C ¢ F_ F_ N w 43) Q w m > > a Q) w 2 Q) H Q 0) ¢ O z aN) �- m W I- ani w °° m Q Q d ❑ Co ❑ Co Co ❑ C7 x ❑ O 2 ❑ Uw ❑ w m ❑ U ❑ 2 _ ❑ a s C mm > > ¢ w =~ O O O v A a a m 0 0 0 0 0 0 0 0 0 0 0 th N = = = N �[ h 41 W W 0) O) 00 N O 00 N O O CD N QN d mo N O O D O 1] 1] /U N O 1] m O Co p) m m 47 W CO m m N h m c0 01 m m rn m m o) CO i0 01 m m Op I� ❑ o @ ❑ o o ❑ o ❑m Coo ❑ o m ❑ o ❑ o N ❑ Co o ❑ o o a d C. d a a a a U N N N N N N N V CC p�C CCp Cp: pC Cp pC pC 8 8 U U U U U U •L O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ d W rn m W O O O Co _ _ _ _ E W 00 O O a0 0000 OND ONO O 3 h h h h h h h h Z O 00 Co 00 00 OD W W M U LL m_ ao ao 0 0 ao ao % ro 00 rn N O O O N O r O O O O O IT -0 d 0� OU N O h 07 W W Q _ N w N _ Q _ O N C) h U Cn O h U h O h h h In h W N O h N dr yd+ Cn N O Lo O N O (P N O N N O Co N O V N O N O N N > O h w m C M C 07 C W C N C c C C U .-- O - O - O - O - O - O - O - O - C V L Q Cl N N N N N N U 0) (q Packet Pg. 70 8.c 11 0 C 00 C3 7 CO � C C O 00 O M O r O C C N C @ E 0 0 I'll O O n O O p 10 N O N M O N O M O O O p Co O co O o E v_ E o o E E E Ln E c) E E t E �¢ N ¢ N LO ¢ v o ¢ oo ¢ ¢ ¢ ¢ m ¢ co ¢ _ F N r r Y LLQ m 0o U O p N L ti A N to � d O7 co ¢ L 0 U- d H E J W O c z 0 m U N O Q of d' u CO z w O v oo w O U oo L L a oo Z ly 0 o Q C O (n N •}�/�� Q m N O m O ¢ co M Q Q' O LC) V WW rn O U ❑ W O 4 O •� U o U J ❑ O O 5 E °r° � c7 a N oo a s _ T U 'C E o w O Z w xs w w >+ L O N Co Z =+ U Of 0/� N a Z ca w ~ m V U C Z O .6 wJ O W W d lyU) LU 0 M w Z (7 ❑ F � Y Y O Z ur a Z N W v O Co O Of O U ❑ m 0 W Of of rn en ' �+ w fn 0_'V CO `-"Z (nZ W N Z r E cc Z C Q OUZ o F 0 FW o w p o w o p p o Z a o c F 0 U C7 0 E cc m � . J¢ - U H ¢ - (D p w w ¢¢ ._ o w Z V U E a F W Z a Z F n ¢ o m ¢ 2- Com g ON .0 Q J w +O+ Z N F ❑ C1 F p y j ai d p m ❑ N O v��i d Q U th �' d U m ¢ W� m w w W d O a w N a) w w N a) w Z ° w m p @ \ U >. X ❑ ❑ :3m p � � t ❑ a -j o -j � � � ❑ meg ❑ c� J ❑ �, /1 @ J wk a F- FU > > > > > CL o u A a � Y d C 06 cp co oo oo oo oo oo oo o 00 oo m o 0 0 0 0 0 0 0 0 0 N ` N N N = O CO @ V V @ O @ O a) m Ln @ o @ V) N r- @ (.� N .� N 9 N d .O- O d d @ @ a0 @ @ m m @ @ O) @ (6 W Co @ W W @ @ p) @ @ m @ @ 0 @ @ a ❑ o ❑ o o Co IL ❑ o a ❑ o ❑ o o a ❑ o ❑ o IL a ❑ o a ❑ V V C C C C C C C C C 7 7 7 7 7 O7 n Q Q Q Q Q Q Q ¢ $ d W E y C) a O r o0 0 O N 04 E E aNO oo0000 DNO -D04 0000 DNo 00 0000 O Zoo oo oo aro co Co ara oro oro N U L Z LL co N ap a0 a0 co 1 0 O oD a0 CO W 10 a0 oo a00 d O a0 O O f� _ F n0.. r O 0) r O W r .O N n p N •o N N I` .O N r � N 'O r 'O N CO = > = ) O ' > O N ] O) Lal N ] M N > w N > r N @ T C O 0 C W C CN1 MC m C W W C 0 W C m C N M C Q ❑ O - o - o - o o - O - o - o - o - L Q al U U U U U U U U U F U U U U U U U U U Packet Pg. 71 I8.c 0 = M Lo �. O CO C p 00 O C 00 cq C O C n C F- cq ro E ci 000 ca o v E n c2 L2 E `n M E '� `o E n �Gi Ln E a Q N a O N N Q N Q N Q N Q L Q u7 _ F- LD LO v m coN r Y L V Q 6 op U O O L N � N d d7 � O Q } NE O J 2 O N weq U w o ❑ O U 2 � � � U CO � Q v) e m Lo ❑ p OL L d a a m N Q v Q WO co z a d m K Q Q m Z +N+ m Z (n ao W LO — '— U.W OU U W ❑ W •� V W 4 3 O `y U 0' w F LL oo LL m O W W o U O O CO U O N z ¢ C7 m a m LL U OF U N g K2F 2 z O (j }}� z O} U }O> LL M U 0w Cu OU 0 z IXW 0 Z� w Z U Z W ~ C ti MMM Q w x a O (n O W O (� p (i Q o in W o z w U� vi Uw 3 Uw CO of co G1 .c z Q Z a a Zit (of A ZZof z O Z a O to V) Z U _ _ _O Z_K W LL Q r ia m (a7 ❑ p C O v) p Z C Q p F OF F O O c v) J c W m y Z W 0 F V) O O J a'F O d'r O a' a O I L ^+ O m E z a > ❑ .9 W Z zU .9 ¢ aza a Za a CO LL +O+ U U z O CL Z v a w0 v U xS .0 F wF ci O u ° N p Q N v) v) W U N W W U w v) W V w w ❑ U U i. m m U) N 0 z m z� 0 (a z� 0 0 z� O W F 0 OU � .y A U) (n Q m m a (an¢ (an o vas o U)i F- oo m Q. 0 � O CO.1 Qj L Q ooV Y L a c ce otS m o 0 0 0 0 0 0 0 o Y N N N N N N 1 v O co - P7 O O N W O O N 11 N N ..�_, 1] .�. N d +�„ N d d 00 a0 � @ f0 ap m l0 Q3 ca f0 p� N (0 p') N (a p) o o o D o o ❑ o ❑ o ro ❑ o 0 0 U a a n. a a u _ X (C d7 CC C C C @ 2 7 7 7 7 7 L in 8 8 8 8 8 Q a a a a a a E `y m v vn (o n a n E E N NN N N E ao w o0 0o m @ U z nn n n n z m co ao ao ao (a Z E m LL m ao n m W ao U rn co co c� `O co Q c°3 0 8 v _ 8 v N t°3 0 �_ ) E y r n v Ln n ao n o n o n N U rn m m (� 0 a o N > > m o 0 N N N O C O O C N O C N O C N O d) V U V E L: Q Y Y Y Y Y U U U N N N T Cl) Packet Pg. 72 8.d CITY OF SAN BERNARDINO PAYROLL SUMMARY REPORT U 0 PERIOD ENDING DATE DATE PAID �q PP No. M CHECK NUMBERS USED: — ,Z]IQ a�� CHECK NUMBERS VOIDED: �7�q2 2, S5•ay CHECK NUMBERS CANCELLED: E 0 U w O is EARNINGS: CL CL 9 1, ,1 Z Regular Gross: , a Adjustments: c Total Adjusted Gross Payroll . U DEDUCTIONS: r� Total (Without Adjustments) �3 1 1 p a ✓'; co Adjustments: - Total Adjusted Deductions f I , I, r 0 i :z Q Net Payroll Ii L E APPROVALS FOR PAYMENT c? 6 L a DIRECTOR OF FINANCE SECRETARY OF CIVIL SERVICE BOARD d t Mayor and Common Council on the Day of ,20 v The Following Vote To-Wit: Absent Ayes v Noes ui as E City Clerk a CITY OF SAN BERNARDINO—Finance Department Packet Pg. 73 DISTRIBUTION:WHITE—City Clerk CANARY—Payroll 9.a �$�gNARO��o cP �' Consent Calendar City of San Bernardino Request for Council Action .�OG'VI►�B 1Pti 100 Date: October 17, 2018 To: Honorable Mayor and City Council Members Q From: Gigi Hanna, City Clerk Subject: Draft Minutes L 0 4- Recommendation Recommendation O Approve the minutes of the Mayor and City Council Regular Meetings of September 19, Q 2018 and October 3, 2018. a 3 O U U co ti th ti ti L d O V 0 d Com_ C Q E V Q Packet Pg. 74 9.b NAR��ko� City of San Bernardino 4 Mayor R. Carey Davis 290 North D Street Council Members San Bernardino, CA 92401 Virginia Marquez Benito J. Barrios v in t$�o' http,//www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill c w DRAFT MINUTES o w 0 FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL 0 OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN C 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 V 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 V AUTHORITY ti ti LO WEDNESDAY, SEPTEMBER 19, 2018 2 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:04 PM, Wednesday, September 19, -W� 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. )I T-- Call Call to Order r 0 Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:05 PM E Benito J. Barrios Council Member, Ward 2 Late 4:26 PM John Valdivia Council Member, Ward 3 Present 4:05 PM a Fred Shorett Council Member, Ward 4 Present 4:05 PM Henry Nickel Council Member, Ward 5 Present 4:05 PM Bessine L. Richard Council Member, Ward 6 Late 4:07 PM James Mulvihill Council Member, Ward 7 Present 4:05 PM R. Carey Davis Mayor Present 4:05 PM Georgeann "Gigi" Hanna City Clerk Present 4:05 PM Gary Saenz City Attorney Present 5:00 PM Thomas Rice Assistant City Attorney Present 4:05 PM Teri Ledoux Assistant City Manager Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Packet Pg. 75 9.b Joint Regular Meeting DRAFT Minutes September 19, 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 Center for Biological Diversity, et al. v. City of San Bernardino, Case No. CIVDS 1706284 Q B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): w L 0 Three cases - INVOCATION AND PLEDGE OF ALLEGIANCE 0 The invocation was given by Reverend Reginal D. Young of Treasures of the Heart a Ministries. The Pledge of Allegiance was given by Camela Perez, a 4th grade student at Riley Elementary School. 0 U CLOSED SESSION REPORT Assistant City Attorney Thomas Rice said there were no reportable action from Closed co Session, but that staff had received direction from Council. Presentations L 1. Citizen of the Month — Luis Ojeda — Council Member Virginia Marquez Council Member Marquez honored Luis Ojeda for his work cleaning up the city, She also gave him her City Seal pin. She also presented him with a certificate from Senator Mike Morrell. co 2. Youth Recognition — Jhunelyn Parafina, San Bernardino High School — Council Member Benito Barrios 0 Council Member Barrios honored Jhunelyn Parafina, Mayor of Cardinal City and ; recently named Miss Cardinal, as student of the month for her academic Q accomplishments and community activities. He also presented her with a with a certificate of recognition from Senator Mike Morrell. 3. Chamber of Commerce & Local Elected Officials Announcements Jim Wheeler, chamber chair of the board announced the ucoming events for the Chamber of Commerce. Public Comments for Items Listed and Not Listed on the Agenda Teresa Sandoval spoke about the effect of homeless on her hairstyling business. Her salon burned on July 27 and said she blames the homeless, the loitering and littering. She thanked the Police Department and Quality of Life program for doing the best they Mayor and City Council of the City of San Bernardino Page 2 Packet Pg. 76 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 kind and said the leadership needs to step up and make a change or face a town with no businesses. Paul Sanborn, San Bernardino, said the City needs more police and more code enforcement officers, especially on the weekends. He said potholes are being filled but are not even. The ones recently filled at Highland and Mt. View are so high they double as speed bumps. Luis Ojeda, San Bernardino, said the places he and his groups have cleaned are continually targeted. He suggested videotaping of problem areas and said he would be willing to monitor the videos and suggested that videos of people dumping trash should be posted on social media as a deterrent. Q Gina Mirelez, San Bernardino, spoke about her friend who she said had an infant die E as result of an assault on Memorial Day. She lives at Mt View complex and said that the city needs to hold investors accountable for the people they have managing their 2 apartment complexes. She also spoke about other mistreatment she has encountered, 4- which she credited to the San Bernardino Police Department. 0 Janine Nielson, of Daisy's Hope Foundation, gave an update on the volunteer program Q at the City Animal Shelter. She thanked staff for allowing the volunteer program and C said they have made progress but need litter, paper towels and better food for the — nursing cats and their kittens. She said Daisy's Hope Foundation will be having a grand opening soon. 0 Alice Chow, San Bernardino Animal Care Foundation, said several rescue organization have been recruiting business leaders to create a non-profit organization to support her co group's work. She gave a list of activities that support what they do, including reviewing business models of other organizations, speaking with elected officials and reviewing documents about the City's Animal Shelter. She said they would return to speak about their progress. Gloria Amaya and Owen Duckworth, of Inland Empire REBOUND Reentry Services, � spoke about the re-entry services they provide, including anger management and life skills. Amaya said they would be hosting a 52-week batterer program and said they would also be having an expungement fair soon. co� Bertie Vanettes, San Bernardino, a regular shelter volunteer asked why the officials in charge of the shelter wouldn't be interested in applying for grants, and asked when the city would release funds for shelter repair. Rikke Van Johnson, San Bernardino, spoke about the mayoral forum at Ecclesia E Christian Fellowship on Thursday, October 4th. Scott Stevenson, of Teamsters Local 1932, congratulated the employee spot light in a the city newsletter, and announced the Teamsters Local 1932 Job Fair, called "A Day without a Temp," on October 5 at the National Orange Show Events Center. Consent Calendar Council member Shorett pulled items 8 and Council Member Nickel pulled item 13 from the agenda for further discussion. The rest of the items were voted on with a single motion: Mayor and City Council of the City of San Bernardino Page 3 Packet Pg. 77 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated September 19, 2018. RESULT: ADOPTED [7-0] E MOVER: John Valdivia, Council Member, Ward 3 w SECONDER: Fred Shorett, Council Member, Ward 4 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill o 5. City Council Approval of Commercial and Payroll Checks Q Approved a Motion: Approve the commercial and payroll checks for August 2018. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 co AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of September 5, 2018 and Special Meeting of September 10, 2018. C01 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Q 7. Award of Construction Contract for Police Headquarters Roof Replacement to San Marino Roof Co. Inc. a Approved Motion: Adopt the resolution. Reso 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 Mayor and City Council of the City of San Bernardino Page 4 Packet Pg. 78 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 Replacement and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Award of Construction Contract for Demolition of Fire Station 223 and Verdemont Community Center Project to Precision Contracting, Inc. E Approved Motion: Adopt the resolution. L 0 Reso 2018-269 Resolution of the Mayor and City Council of the City c of San Bernardino, California, approving a construction contract with Precision Contracting, Inc., Q and authorizing the City Manager to execute a C 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 U execute the contract and expend the contingency fund, if necessary, to complete the project. co ti RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 $ SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill � ABSENT: Valdivia i 9. Issuance of an Annual Purchase Order to Vulcan Materials Company co Approved Motion: Adopt the resolution. 0 Reso 2018-255 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the E execution of an annual purchase order with Vulcan Materials Company for the Purchase of Asphalt a Concrete Materials. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 5 Packet Pg. 79 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 10. Five-Year Capital Project Needs Analysis (FY 2019/20 through FY 2023/24) for Measure "1" 2010-2040 Expenditures and Amending the Five-Year Capital Improvement Program Approved Motion: Adopt the resolution. Reso 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 "1" 2010-2040 expenditures and amending the Five-Year Capital Improvement Program for FY 2018/19 through FY 2022/23. RESULT: ADOPTED [7-0] 2 MOVER: John Valdivia, Council Member, Ward 3 4- 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ° CL CL 11. Amended and Restated Cooperative Agreement with the San Bernardino a County Transportation Authority (SBCTA) for the Mt. Vernon Bridge Replacement Project C U Approved Motion: Adopt the resolution. co ti Reso 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 Im I Development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12). C01 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 Q AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Establish 1-Way and 2-Way Stop Signs at Several Intersections Throughout the City Approved Motion: Adopt the resolution. Reso 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 Mayor and City Council of the City of San Bernardino Page 6 Packet Pg. 80 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 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. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for the 5Th Street Gateway Property E Approved Motion: Adopt the resolution. o 4- 0 Reso 2018-251 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Exclusive 0 CL Right to Negotiate Agreement between the City of C San Bernardino and ICO Real Estate Group, Inc. for the 5th Street Gateway Property, and authorizing certain related actions. 0 U RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 ti SECONDER: Bessine Richard, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill L 14. Fiscal Year 2017/18 Encumbrance Carryovers and Continuing Appropriations Q Approved Motion: Adopt the resolution. co Reso 2018-259 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the FY o 2017/18 Continuing Appropriations and Encumbrance Carryovers and amending the FY 2018/19 Budget to Q include the approved FY 2017/18 Continuing Appropriations and Encumbrance Carryovers. .2 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Authorize the Issuance of a Purchase Order to Fairview Ford Sales for Police Vehicles Approved Mayor and City Council of the City of San Bernardino Page 7 Packet Pg. 81 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 Motion: Adopt the resolution. Reso 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. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ° 16. Agendas and Minutes/Draft Minutes of City Boards, Commissions, and Citizen Advisory Committees Recommendation L 0 Approved c Motion: Receive and file the agendas and minutes/draft minutes from the City Boards, Commissions, and ° Citizen Advisory Committees for the month of August. a RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 ° U SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill co ti ti 17. Event Fee Waiver for Akoma Unity Center Jazz Concert at Anne Sherrill's Park L Approved Motion: Approve the issuance of an Event Fee Waiver for the Akoma Im Unity Center Jazz Concert at Anne Sherrill's Park on September 30, 2018. co i RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Q Staff Reports a 18. Agreement with San Bernardino International for Support Services at SBD Fest 2018 Approved Motion: Approve 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 Mayor and City Council of the City of San Bernardino Page 8 Packet Pg. 82 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 International Airport, to provide support services for the 2018 SBD Fest as directed by City Council. RESULT: ADOPTED [6-1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard NOES: Mulvihill 19. 12Th Annual San Bernardino County Water Conference Update — August 10, 2018 ' The Mayor and City Council heard an oral report by Council Member Barrios. w No vote was taken on this item. L 0 Public Hearings o 20. Establish Compensation and Benefits for City-Elected Officials c L Speakers C Paul Sanborn — Rikke Van Johnson 3 O U Approved Motion: Introduce the ordinance (First reading). co 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. L RESULT: ADOPTED [6-1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 i AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill co NOES: Shorett 21. Authorize the Submittal of the FY 2017/18 Consolidated Annual o Performance and Evaluation Report to the United States Department of Housing and Urban Development E Approved Motion: Authorize the submission of the FY 2017/18 Consolidated a Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development. RESULT: ADOPTED [7-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 9 Packet Pg. 83 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 22. Development Permit Type-P 18-01 Speaker Ben Eilenberg, opposed Approved Motion: Continue hearing to October 3, 2018. Reso 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 E into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing 2 approximately 0.52 acres located at 1600 N. 4- Arrowhead Avenue (APN: 0145-132-27) within the ° Commercial Office (CO) Zone and Adaptive Reuse o' (AR) Overlay; and finding the project subject to a Q Categorical Exempt under the California a Environmental Quality Act. 0 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 co ti AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 23. General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06, and Variance 18-01 Approved Motion: Adopt the resolutions, introduce the ordinance (First co� reading), schedule the second reading of the ordinance for October 3, 2018 and authorize staff to work with Omnitrans on a design that limits bus o interference with traffic. Q E Reso 2018-262 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated .2 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; Reso 2018-263 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration, and approving Development Mayor and City Council of the City of San Bernardino Page 10 Packet Pg. 84 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 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 Q E MC-1505 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Development o Code Amendment (Zoning Map Amendment) 16-07 to 0 change the Zoning District Classification from Commercial General (CG-1) to Residential Medium 0 CL High (RMH) on four (4) parcels (APN: 0141-352-10, C 11 , 12 and 13) containing a total of approximately 2.25 acres. ; 0 U RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 co SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill L 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 Approved Motion: Adopt the resolutions, introduce the ordinance (First c� reading), approve payment to Spicer Consulting Group in the amount of $20,000 and to Stradling o 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. Reso. 2018-264 Resolution of the Mayor and City Council of the City a 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; and Reso. 2018-265 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative Mayor and City Council of the City of San Bernardino Page 11 Packet Pg. 85 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 body of CFD 2018-1 of the City of San Bernardino (Safety Services) certifying election results; MC-1502 Ordinance of the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the legislative body of CFD 2018-1 of the City of San Bernardino (Safety Services) authorizing the levy of special taxes. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill w L 0 25. Resolutions Establishing Community Facilities District 2018-2 (Verdemont c Ranch) of the City of San Bernardino and Determining Necessity to Incur Bonded Indebtedness in an Amount Not to Exceed $5,000,000 CL CL Approved Motion: Adopt the resolutions, introduce the ordinance (First reading), approve payment to Spicer Consulting c 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 co 2018-2 of the City of San Bernardino. Reso. 2018-266 Resolution of the Mayor and City Council of the City $ of San Bernardino, California, establishing L Community Facilities District No. 2018-2 (Verdemont 'aI 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 theco proposed CFD No. 2018-2 of the City of San Bernardino; 0 Reso. 2018-267 Resolution of the Mayor and City Council of the City of San Bernardino, California, determining the E necessity to incur bonded indebtedness in an amount not to exceed $5,000,000 within the proposed CFD .2 No. 2018-2 of the City of San Bernardino; Reso. 2018-268 Resolution 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; and MC-1507 Ordinance of the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as Mayor and City Council of the City of San Bernardino Page 12 Packet Pg. 86 9.b Joint Regular Meeting DRAFT Minutes September 19, 2018 the legislative body of CFD 2018-2 of the City of San Bernardino authorizing the levy of special taxes. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 26. Adjournment The meeting adjourned at 8:01 p.m. Q NOTE: The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 4:00 p.m., Wednesday, October 3, 2018, in the Council Chamber, 201 0 North "E" Street, San Bernardino, CA. 0 0 L Q Q �v Q By: Georgeann "Gigi" Hanna, CMC c City Clerk U co ti ti ca L IM IM Q cor r 0 Q E V Q Mayor and City Council of the City of San Bernardino Page 13 Packet Pg. 87 9.c City of San Bernardino 4 Mayor R. Carey Davis d 290 North D Street Council Members a~ San Bernardino, CA 92401 Virginia Marquez Benito Barrios http,//www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Ci James Mulvihill S L DRAFT MINUTES 0 FOR THE 0 L JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL a OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN Q 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 c AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN V a BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF V THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING co AUTHORITY ti w WEDNESDAY, OCTOBER 3, 2018 E The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino 7 was called to order by Mayor R. Carey Davis at 4:01 PM, Wednesday, October 3, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. coi Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM q Benito J. Barrios Council Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Present 4:00 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM E Henry Nickel Council Member, Ward 5 Present 4:00 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM John Paul Maier Chief Deputy City Clerk Present 4:00 PM Sonia Carvalho Senior Assistant City Attorney Present 4:00 PM Andrea Miller City Manager Present 400 PM Mayor and City Council of the City of San Bernardino Page 1 Packet Pg. 88 9.c Joint Regular Meeting DRAFT Minutes October 3, 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 People v. Kush Concepts Collective, et al., San Bernardino Superior Court Case No. Case No. CIVDS 1516185 Q S Jonita Moore, v. Mitch Assumma, et al. San Bernardino Superior Court Case No. CIVSD 1810378 0 4- 0 INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Tracy Johnson of Immanuel Baptist Church. The 0 Pledge of Allegiance was led by Sofia Barajas, a 6t" grade student at Rio Vista a Elementary School. — 0 CLOSED SESSION REPORT v City Attorney Gary Saenz had nothing to report. U APPOINTMENTS ti 1. Planning Commission Approved L Motion: Appoint Anthony Ruiz, Jr. to the Planning Commission. E a 7 RESULT: ADOPTED [7-0] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 ,� AYES: Marquez, Barrios, Valdivia, Nickel, and Richard M T ABSENT: None o PRESENTATIONS E 2. Youth Recognition — 2018-2019 Miss Cardinal Court — Mayor R. Carey Davis a and Council Members Virginia Marquez and Benito Barrios • Jhunelyn Parafina, Miss Cardinal • Sarah Garcia, 1st Runner Up • Miranda Maestas, 2nd Runner Up • Rosa Santana, Ambassador Mayor and City Council of the City of San Bernardino Page 2 Packet Pg. 89 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 3. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens, board member for the Chamber of Commerce, announced the Chamber's activities for the next two weeks. Wendy Williams, Omni Trans, announced the Chalk Art-Walk event on Saturday, October 20, 2018 located at San Bernardino Avenue and "E" Street from 9:00 a.m.-12:00 p.m. Public Comments for Items Listed and Not Listed on the Agenda Karmel Roe, San Bernardino, expressed concerns about the quality of life in the City, spoke about Item 16 and shared her concerns regarding the outcome for the current director of the Housing Department, and urged the Council to rethink their decision for S the Director position. Robert Porter, San Bernardino, spoke about his actions that lead to a positive 2 direction, mentioned changing the name of Columbus Day to Indigenous People Day, - urged the Council to use Native American names for city streets, spoke about the historical areas in the City, and displayed a coloring book that San Manuel provides to 0 children as an example of Native American History. Q Claudia Wiggins, spoke about her concerns regarding City enforcement at 1329 H a Street, complained about the transients and homeless people that destroy the clinic's property, including a break-in of an employee's car. Ms. Wiggins asked for help for U enforcement and also said that graffiti has been an issue at the building. Luis Ojeda, We are The Change, expressed gratitude to Council Members Marquez, Valdivia, Gil Botello, and community member Ted Sanchez for their assistance in ti cleaning up the City, shared that the group of volunteers cleans up trash and paints over graffiti, and asked the City Manager and elected officials when can they help with w accountability, citizen patrol, and do clean-up in the City. He urged the City consider his pilot program for assisting in the issues with the City. Spencer Johnson, San Bernardino, expressed concerns with the traffic at the CL C intersection of Date Street and Sterling Avenue and requested a four-way left and right signal turn for vehicles for a safer crossing. Lisa Hayes, Rolling Start, spoke about the organization and how it is an independent living assistance center whose mission is to assist people with disabilities, serve C01 veterans, people with disabilities and the elderly, asked for people who are interested in M helping the organization, including in the fields of fund raising, legal, and human T resources. Ms. Hayes announced that the Board meets every 4t" Wednesday of the month. Q Jim Smith, San Bernardino, spoke about the leadership of the City that has taken the E City out of bankruptcy, mentioned that there are struggles in the City, however the City is headed in a good direction, and complimented the professionalism of Best Best & Krieger Attorneys at Law. Barbara Babcock, expressed excitement about making differences in the City and reiterated announcements previously mentioned by Ms. Williams, praised the City and Public Works Director Trish Rhay, for the improvement on her street at Golden and 26tH and announced that there is a Mayoral debate between Valdivia and Davis at Ecclesia Church on October 4, 2018 at 6 p.m. Mayor and City Council of the City of San Bernardino Page 3 Packet Pg. 90 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 Consent Calendar Council Member Valdivia pulled Item 7 and Council Member Barrios pulled Item 16 for further consideration. The rest of the items were voted on with a single motion. Council Member Shorett later noted to amend his motion to pass the Consent Calendar items with the exception of a no vote for Item 12. Council Member Shorett clarified that his no vote remains consistent with his previous vote at the first reading at the last City Council meeting. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 S AYES: Marquez, Barrios, Valdivia, Nickel, and Richard $ ABSENT: None o 4- 0 ca 4. Waive Full Reading of Resolutions and Ordinances 0 L Q Q Approved a Motion: Waive full reading of Resolutions and Ordinances on the agenda dated October 3, 2018. 0 U U RESULT: ADOPTED [7-0] ti MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 w AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None E 5. City Council Approval of Commercial and Payroll Checks QI Approved C01 Motion: Approve the commercial and payroll checks for A September 2018. o RESULT: ADOPTED [7-0] E MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 a AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 6. Authorize a Contract Amendment and Issue of a Purchase Order to Tyler Technologies, Inc., for an Enterprise CAD Software Upgrade in an Amount Not to Exceed $268,132 Approved Mayor and City Council of the City of San Bernardino Page 4 Packet Pg. 91 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 Motion: Authorize the City Manager or her designee to execute a contract amendment and issue a Purchase Order for an Enterprise CAD Software upgrade with Tyler Technologies in an amount not to exceed $268,132. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 a AYES: Marquez, Barrios, Valdivia, Nickel, and Richard S ABSENT: None L 0 7. Authorize Acceptance of Office of Traffic Safety Grant c Approved Q Motion: Adopt the resolution. a Reso. 2018-272 Resolution of the Mayor and City Council of the City ; of San Bernardino, California, authorizing the City Manager to execute, accept, and administer the FY 2018/19 State of California Office of Traffic Safety Grant Number PT19106 in the amount of$458,000. ti ti RESULT: ADOPTED [7-0] L MOVER: Fred Shorett, Council Member, Ward 4 � SECONDER: James Mulvihill, Council Member, Ward 7 1 AYES: Marquez, Barrios, Valdivia, Nickel, and RichardIM ABSENT: Noneco i 8. Authorization to Purchase 85 Lenovo Workstations in an Amount Not to A Exceed $77,473 T Approved Motion: Authorize the City Manager or her designee to execute documents for the purchase of 85 Lenovo workstations from Connection in an amount not to a exceed $77,473. Mayor and City Council of the City of San Bernardino Page 5 Packet Pg. 92 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 9. City of San Bernardino Boards, Commissions, and Citizen Advisory Committees — Establishing Universal Bylaws and Regular Meeting Dates, Times, and Locations Approved Motion: Adopt the resolutions. L 0 4- 0 O Reso. 2018-275 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting Q bylaws for the City's Boards, Commissions, and C Citizen Advisory Committees and repealing Resolution No. 2018-195 establishing separate ; bylaws for the Animal Control Commission, Library Board, Planning Commission, and Public Safety and Human Relations Commission; and co ti Reso. 2018-276 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting w regular meeting dates, times, and locations for City Boards, Commissions, and Citizen Advisory M Committees. IM RESULT: ADOPTED [7-0] co MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 T 0 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None Q E 10. Final Reading - Ordinance MC-1506 Authorizing the Levy of Special Taxes a on Property within Community Facilities District 2018-1 (Safety Services) of the City of San Bernardino Approved Motion: Adopt the ordinance. 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. Mayor and City Council of the City of San Bernardino Page 6 Packet Pg. 93 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 2018-1 of the City of San Bernardino (Safety Services) authorizing the levy of special taxes. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 11. Final Reading - Ordinance MC-1507 Authorizing the Levy of Special Taxes on Property within Community Facilities District 2018-2 (Verdemont Ranch) of the City of San Bernardino $ L Approved - w Motion: Adopt the ordinance. 0 L MC-1507 Ordinance of the Mayor and City Council of the City of Q San Bernardino, California, acting in its capacity as a the legislative body of Community Facilities District No. 2018-2 of the City of San Bernardino authorizing c the levy of special taxes. U co ti RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 w SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard Q ABSENT: None IMQ 12. Final Reading - Ordinance No. MC-1504 Establishing Compensation and 'I Benefits for City-Elected Officials c� M Approved o Motion: Adopt the ordinance. ; MC-1504 Ordinance of the Mayor and City Council of the City of E San Bernardino, California, establishing compensation and benefits for the City-elected a officials. Mayor and City Council of the City of San Bernardino Page 7 Packet Pg. 94 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 RESULT: ADOPTED [6-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard NOES: Shorett ABSENT: None 13. Final Reading — Ordinance MC-1505 — Development Code Amendment/Zoning Map Amendment 16-07 - Waterman & Weir a S Approved Motion: Adopt the ordinance. 2 0 MC-1505 Ordinance of the Mayor and City Council of the City of - San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 16-07 to 0 change the Zoning District Classification from C 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, pursuant to a Mitigated Negative Declaration. co ti ti RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 L SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard 1 ABSENT: None I 14. Authorizing CMFA Joint Powers Authority as a City of San Bernardinoco Provider under the Property Assessed Clean Energy (PACE) Program M T Approved Motion: Adopt the resolution. Q Reso. 2018-277 Resolution of the Mayor and City Council of the City E of San Bernardino, California, consenting to the inclusion of properties within the territory of the City in the California Municipal Finance Authority (CMFA) Open PACE Programs; authorizing CMFA to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City; and authorizing related actions. Mayor and City Council of the City of San Bernardino Page 8 Packet Pg. 95 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 15. Records Retention, Destruction, and Storage Approved Motion: Adopt the resolution; and S Authorize the City Manager to execute a Professional Services Agreement with Laguna Vault, LLC doing business as Docu-TRUST for document storage, 4- records records management, and digitization services. 0 0 Reso. 2018-278 Resolution of the Mayor and City Council of the City Q CL of San Bernardino, California, adopting a Records Retention and Destruction Policy and repealing Resolution No. 2014-246. 0 U RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 ti SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None E CL 16. Director of Community and Economic Development (U) Classification and Job Description �I Approved ;� Motion: Adopt the resolution. M T Reso. 2018-280 Resolution of the Mayor and City Council of the City of San Bernardino, California, deleting existing classifications of Director of Community Development E (U) and Director of Economic and Housing Development (U) and approving the classification and a job description for the Director of Community and Economic Development (U). Mayor and City Council of the City of San Bernardino Page 9 Packet Pg. 96 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 RESULT: ADOPTED [6-1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Shorett, Nickel, Richard, and Mulvihill NOES: Barrios ABSENT: None STAFF REPORT Q 17. League of California Cities Annual Conference and Expo 2018 — September 12-14, 2018 The Council received reports on the Conference from Mayor Davis and Council o Members Barrios, Valdivia, Shorett, and Richard. No vote was taken on this item. o PUBLIC HEARING ° CL CL 18. Development Permit Type-P 18-01 a Approved 0 Motion: Continue to October 17, 2018 the consideration of the adoption of Resolution No. 2018-261 of the Mayor and City Council of the City of San Bernardino, co California, approving Development Permit Type-P 18- 01 to allow the conversion of an existing two-story commercial office building containing approximately L 11 ,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a Q parcel containing approximately 0.52 acres located at Im 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive �I Reuse (AR) Overlay; and, finding the project subject co� to a Categorical Exemption under the California Environmental Quality Act to a date to be determined. T 0 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 a AYES: Marquez, Barrios, Richard, and Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 10 Packet Pg. 97 9.c Joint Regular Meeting DRAFT Minutes October 3, 2018 23. ADJOURNMENT The meeting adjourned in memory of Jade Maldonado and Robert Langston at 7:38 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 is scheduled for 4:00 p.m., Wednesday, October 17, 2018, in the Council Chamber at 201 N. "E" Street, San Bernardino, California. Q S 0 w 0 By: John Paul Maier, CMC ° CL Chief Deputy City Clerk a 3 O U U co ti ti w L E Q 7 IM Q 00r M T O r Q E t V Q Mayor and City Council of the City of San Bernardino Page 11 Packet Pg. 98 10.a Q w _ Consent Calendar r- o •� City of San Bernardino w Request for Council Action c d w O L a Date: October 17, 2018 w To: Honorable Mayor and City Council Members 00 From: Andrea M. Miller, City Manager o By: Trish Rhay, Director of Public Works Alex Qishta, Deputy Director of Public Works/City Engineer Subject: Agreement with Michael Baker International (MBI) for Y Professional Engineering Services m Recommendation 2 Authorize the award of a Consultant Services Agreement with Michael Baker International (MBI) for Professional Engineering Services for Citywide Street Lighting Master Plan (TC18-002) and authorize the Director of Finance to issue a purchase order in the amount of$250,000. Q Q Background a The Public Works Department, Operation & Maintenance Division is responsible for maintenance and repair of streetlights owned by the City of San Bernardino. The City's street light inventory is approximately 14,200, in which, 7,000 lights are owned by the City and the remaining 7,200 lights are owned and maintained by Southern California Edison (SCE). These lights are High Pressure Sodium (HPS) and LED. The a City has already begun implementation of LED installation of its new street lights. LU Ultimately, the City's intent is to replace the entire existing roadway HPS owned lighting to LED. This project will prepare the citywide street light master plan assessment to replace existing HPS with LED luminaires and include the replacement of all of the y existing high voltage lighting systems with 120/240V LED systems. y Discussion On August 6, 2018, a Request for Proposal (RFP) was sent to fifteen consultants that 2 previously indicated an interest in receiving solicitations for this type of work. The RFP was made public and available on the City's website under "Request for Bids". On n September 6, 2018, a total of two proposals were received by a panel of staff members m using the City's standard rating system. Proposals were submitted by the following firms: a Q E 1019/2018 5:36 PM Q Packet Pg. 99 10.a a) E L Q Q Firm Location Fee w Michael Baker International Ontario $250,000 0 TankoLighting San Francisco $332,236 0 L a. L Staff made a determination based on the proposal content and the level of work needed for these projects. The highest rated firm, MBI, received superior ratings in the areas of m related experience; adequacy of staff, completion schedule, depth of understanding of the project, best assessment approach and options for scope efficiency. MBI has c extensive experience, has successfully completed projects in the Inland Empire area, such as design street lighting systems, traffic signals, communication and engineering plans. L Q The Master Plan assessment is expected to be completed in June 2019. Phased m system replacement and construction is expected to begin in late 2019. The project is aligned with the work plan that the Council approved. V a 2018-2019 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned 3 Balanced and Sustainable City, as it will contribute to well-maintained streets for sustained economic growth. E L Fiscal Impact a A Total of$262,000 has been allocated in the FY 2018/19 Budget for this project. ti Amount Account No. Project $250,000 126-160-8613-5504 City Wide Street Light Conversion to LED o Luminaires Assessment a w Conclusion Q It is recommended that the Mayor and City Council of the City of San Bernardino, E California, authorize the award of a Consultant Services Agreement with Michael Baker Q International (MBI) for Professional Engineering Services for Citywide Street Lighting a Master Plan (TC18-002) and authorize the Director of Finance to issue a purchase order in the amount of$250,000. 2 Q Attachments Attachment 1 Agreement Attachment 2 MBI Proposal Ward: ALL a Synopsis of Previous Council Actions: m E 06-20-2018 Resolution No. 2018-189 approving Capital Improvement Program FY 2018/19 a Q Packet Pg. 100 10.b ATTACHMENT 1 AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR L CITYWIDE STREET LIGHTING MASTER PLAN (TC18-002) THIS AGREEMENT is made and entered into this day of ° 2018 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Michael Baker International ("Consultant"). L N WITNESSETH : c m a� A. WHEREAS, City proposes to have Consultant Provide Professional Engineering Services for Citywide Street Lighting Master Plan (TC 18-002) as 2 described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary E licenses to practice and perform the services herein contemplated; and 2 as C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and _ D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this I° Agreement. a NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: E as L Q 1.0. SERVICES PROVIDED BY CONSULTANT d E 1.1. Scope of Services. Consultant shall provide Professional Engineering 0 Services for the Citywide Street Lighting Master Plan as described above in accordance with y Consultant's proposal dated September 6, 2018, attached and incorporated herein as a Attachment"1". a� J A., 1.2. Professional Practices. All professional and contracting services to be 2 provided by Consultant pursuant to this Agreement shall be provided by personnel N_ experienced in their respective fields and in a manner consistent with the standards of care, 00 diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants a that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this E Agreement. � 1 Packet Pg. 101 10.b ATTACHMENT 1 1.3. Warranty. Consultant warrants that it shall perform the services required by L this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational CO health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and c ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of c Consultant's performance under this Agreement. 0° a� 1.4. Non-discrimination. In performing this Agreement, Consultant shall not 2 engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. d Violation of this provision may result in the imposition of penalties referred to in Labor 2 Code, Section 1735. a 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other Consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior a written consent of City. d E d 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Du . of Loamy/Conflict of Interest: The Consultant understands and agrees that as the City's representative the Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, y in performing its obligations under this Agreement, is governed by California's conflict of a interest laws, Government Code Section 87100 et seq., and Title 2, California Code of a� Regulations Section 18700 et seq. d d L 1.8.1 Prior to performing any services to City under this Agreement, Consultant CO shall provide the City Engineer a written list of the Assessor Parcel Numbers and general m location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project a that is a source of income for Consultant. Consultant shall keep this list current on a monthly basis during the entire term of this Agreement. 1.8.2 Consultant shall not work on any task that is related to any real property that a 2 Packet Pg. 102 10.b ATTACHMENT I is located within 500 feet of any parcel in which Consultant has any ownership interest or L which is the location of any pending project that is a source of income for Consultant. m 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services the fixed amount of $250,000 in accordance with the Bid Proposal from L Consultant contained in said Attachment"2". L d 2.2. Additional Services. Consultant shall not receive compensation for any m services provided outside the scope of services specified in this Agreement unless the City or its Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests 2 and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. _ as 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager d for approval on a progress basis, but no more often than monthly. Said invoice shall be 2 based on the total of all Consultant's services which have been completed to City's sole a satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order,where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this a Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. as L Q 3.0. TIME OF PERFORMANCE d 3.1. Commencement and Completion of Work. The obligation to perform the professional and contracting services to be performed pursuant to this Agreement shall y commence within five (5) days from the Effective Date of this Agreement. Said services a shall be performed in strict compliance with the Project Schedule approved by the City's as Project Manager. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 2 co 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of m performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, a compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. E 3 Packet Pg. 103 10.b ATTACHMENT 1 4.0. TERM AND TERMINATION L 0 w 4.1. Term. This Agreement shall commence on the date approved by the City Manager and continue until the Civil and Traffic Engineering Design Services for the Design of Traffic Signals and Traffic Signal Interconnect Systems, listed above, are completed, c unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. a� c 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work m contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall 2 immediately stop rendering services under this Agreement unless directed otherwise by the City. d 4.3. Compensation. In the event of termination, City shall pay Consultant for E reasonable costs incurred and professional and contracting services satisfactorily performed 2 up to and including the date of City's written notice of termination. Compensation for work a in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional and contracting services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, d finished or unfinished design, development and construction documents, data studies, as drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE a aM 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and J maintain during the life of this Agreement all of the following insurance coverages: 2 co (a) Comprehensive general liability, including premises-operations, 00 products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,per occurrence and aggregate. E (b) Automobile liability for owned vehicles, hired, and non-owned a 4 Packet Pg. 104 10.b ATTACHMENT 1 vehicles, with a policy limit of not less than One Million Dollars L ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of c California. c L (d) Professional errors and omissions ("E&O") liability insurance with c policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant m shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 2 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: E (a) Additional insureds: "The City of San Bernardino and its elected and L appointed boards, officers, agents, and employees are additional a insureds with respect to this subject project and contract with City." ti ti (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San a Bernardino shall be excess and not contributing with the insurance provided by this policy." E as 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. d E 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which y Consultant may be held responsible for payments of damages to persons or property. a 2 6.0. GENERAL PROVISIONS d d L 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between N_ the parties with respect to any matter referenced herein and supersedes any and all other prior m writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall a prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. E 6.2. Representatives. The Public Works Director or designee shall be the a 5 Packet Pg. 105 10.b ATTACHMENT 1 representative of City for purposes of this Agreement and may issue all consents, approvals, L directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement c who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this a� Agreement. L N 6.3. Project Managers. City shall designate a Project Manager to work directly m with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its 2 agent in all consultations with City during the term of this Agreement. Consultant's Project Manager shall attend and assist in all coordination meetings called by City. Q 6.4. Notices. Any notices, documents, correspondence or other communications E concerning this Agreement or the work hereunder may be provided by personal delivery, L facsimile or mail and shall be addressed as set forth below. Such communication shall be a deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. d E IF TO CONSULTANT: IF TO CITY: Principal Director of Public Works a 201 North"E" Street San Bernardino, Ca 92418 Q Q , CA E Tel: Tel: 909-384-5140 Fax: ( ) - Fax: 909-384-5190 6.5. Attorneys' Fees. In the event that litigation is brought by any party in E 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 y prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement a of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the as City Attorney and members of his office in enforcing this contract on behalf of the City shall J be considered as "attorneys' fees" for the purposes of this paragraph. 2 co 6.6. Governing Law. This Agreement shall be governed by and construed under m the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the a parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. E 6.7. Assi ng ment. Consultant shall not voluntarily or by operation of law assign, Q 6 Packet Pg. 106 10.b ATTACHMENT 1 transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without L City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by c Consultant hereunder for the term of this Agreement. c L 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to m property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of 2 Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent Contractor and not as an employee of City. Consultant shall secure, at its E expense, and be responsible for any and all payment of Income Tax, Social Security, State L Disability Insurance Compensation, Unemployment Compensation, and other payroll a deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization a without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole E risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any y other Project related items as requested by City or its authorized representative, at no a additional cost to the City. as J 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that L all reports, documents, information and data including, but not limited to, computer tapes, N_ discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided 00 to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be a those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way,be liable or responsible for a 7 Packet Pg. 107 10.b ATTACHMENT 1 the disclosure of any trade secret including, without limitation, those records so marked if L disclosure is deemed to be required by law or by order of the Court. m 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or c explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission L attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other professional of contracting services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any c meeting required with regard to the correction. 0° a� 6.13. Prohibited Employ. Consultant will not employ any regular employee of 2 City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this E Agreement shall prevail. 2 as 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this a Agreement. d 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to as be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. Q E 6.18. Construction. The parties have participated jointly in the negotiation and U) drafting of this Agreement. In the event an ambiguity or question of intent or interpretation y arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly a by the parties and in accordance with its fair meaning. There shall be no presumption or 2M burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 2 co 6.19 Amendments. Only a writing executed by the parties hereto or their respective 00 successors and assigns may amend this Agreement. a 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no E way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a a 8 Packet Pg. 108 10.b ATTACHMENT 1 duly authorized representative of the party against whom enforcement of a waiver is sought. L The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of ° competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, CO 0 each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 2 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of E this Agreement. L 6.24 Damages. The Parties agree to waive any rights to incidental or consequential and punitive damages arising out of performance under this Agreement whether in torts or in contracts or in law or in equity. _ d d d d L Q _ d d Q 2M J d d L CO Cm C a _ d a 9 Packet Pg. 109 10.b ATTACHMENT 1 AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR L CITYWIDE STREET LIGHTING MASTER PLAN (TC18-002) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed ° by and through their respective authorized officers, as of the date first above written. L a� _ CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation m a� 2 By Andrea M. Miller, City Manager Signature _ d E d d L Name and Title a ti ti Approved as to form: _ Gary D Saenz, a City Attorney _ d E d By _ d d 2 J d d L co Cm C a _ d E a 10 Packet Pg. 110 10.c sNAkp►'1b O w C 0 0 C CD c L- CD d M FD w .2 C C CD 0 T CM Q ti N ++ C • N E t V y+ y+ Q N Provide Professional Engineering Services for titywideStreet Lighting Master Plan E TC18-02 Q J N N L CO Cm C a. Q E September 6,2018 a Baker .Michael INTERNATIONAL Packet Pg. 111 10.c Michael Baker We Make a Difference INTERNATIONAL c w m September 6,2018 City of San Bernardino 0 Department of Public Works Attn: Mahmoud Khodr, P.E., PTOE 300 North"D"Street,3rd floor San Bernardino,CA 92418 Subject: Proposal—Professional Engineering Services for Citywide Street Light Master Plan (TC18-002) 00 d nY Dear Mr.Khodr: The City of San Bernardino (City) can depend on the Michael Baker International (Michael Baker) team's commitment to the successful and efficient completion of the Citywide Street Light Master Plan Project.We are excited to submit our qualifications and approach to this project, as it allows us the opportunity to demonstrate the talent and experience found with our project manager and technical team. Our deep understanding of the work to be done will result in solutions that will be easily Q implemented.We will apply"lessons learned"from our past projects and will work proactively to avoid complications with the a community, stakeholders or permitting agencies. Once implemented, the Master Plan will be part of the City's capital a improvement program.To that end,time is of the essence and we are fully able and prepared to meet your schedule. We offer the City the following benefits: We have Done our Homework-Our proposed team has reviewed site conditions and background information,evaluated the scope of work,and developed well thought out progression through the evaluation and implementation process.Our project c approach applies insight from recent similar projects, our knowledge of the City operations and conditions, and thorough E collaboration with our project team to develop innovative approaches to achieve value-added outcomes for your project. Cohesive In-House Team Allows for On-Time Oelivery.• Our services include: Civil Engineering, Traffic Engineering, GIS, Surveying,Electrical, Environmental,Value Engineering/Constructability and CADD.Having this availability under one roof has led to successful on-time creative and innovative projects. ■ We want to impress you. Being local to the region,we rely on our reputation that we will do what it takes to create successful Q. projects that the City and the project team are proud of.We hope that you believe that we are highly competent,accessible,and fully-committed to the project,so that we continue to work on projects like this in the City. a W c a� We have written this scope and fee within this proposal to best align with the RFP i E documents received. We have considered other cost-saving methodologies that TABLE OF CONTENTS a reduce the consultant scope and fees,but still meet primaryproject objectives a We welcome a discussion about scope modifications needed to do so. Please Scope of Services 1 contact us with any questions you may have! Project Team 9 a, Timeline 11 Respectfully submitted, Similar Experience 12 Michael Baker International, Inc. Availability of Staff 15 co Subconsultants 15 m Local Preference 15 � l/I Items Expected from the City 15 a Ryan Zellers, PE,TE Project Manager Q nY a MBAKERINTL.COM 3536 Concours,Suite 100 1 Ontario,CA 91764 Office:909.974.49001 Fax:909.974.4004 Packet Pg. 112 10.c ATTACHMENT2 L PROPOSER'S CERTIFICATION AND ACKNOWLEDGMENT OF ADDENDA FOR w CITYWIDE STREET LIGHTING MASTER PLAN ASSESSMENT m The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby ° bind my firm to this proposal and state the following (if submitting a proposal): as This offer shall remain valid for 90 days from the RFQ/RFP close date; and L Q All terms and conditions as set forth in this RFQ/RFP shall apply to this offer; and m as In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received all addenda as indicated below and have incorporated the addenda in the attached proposal. Q >_ Verification of Addenda Received a L Q Addendum No: 1 Received on: 8/13/18 Addendum No: Received on: Addendum No: Received ars: N AUTHORIZED SIGNATURE: >_ PRINT SIGNER'S NAME AND TITLE: Ryan Zellers,PE,TE,Project Manager 0 DATE SIGNED: 9/4/18 0 - - a COMPANY NAME &ADDRESS: Michael Baker International Q >_ 3536 Concours, Suite 100 d Ontario,CA 91764 a 2M PHONE: (909) 974-4900 FAX: (909)074-4004 Q P co IF NOT SUBMITTING A PROPOSAL, PLEASE STATE REASON (S) BELOW: a Q >_ a Packet Pg. 113 10.c PROPOSAL Provide Protessional Engineering Services for Citywide Street Lighting MasterPlan WIM L d W The City of San Bernardino(City)owns and maintains approximately 7,000 street lights citywide,with another 7,200 lights 0o owned by Southern California Edison (SCE). The City has information on many of these lights, but the database has become outdated and incomplete. To plan for future designs and program a more efficient lighting network, the City c needs to see the whole picture and be able to make decisions on future improvements.The objective of this plan is to ;� collect the necessary data on the City's existing lighting network, create GIS maps to document the information, assess the data to find deficiencies in the system,and provide recommendations for short-term and long-term timelines. c _ L PROJECT APPROACH The creation of this master plan will require teams with different skillsets m working together to comprehensively meet the as goals set forth by the City.The data collection and map production efforts will be led and organized by our GIS staff.The street lighting design group will help train the data collection teams so that the appropriate information is brought back 2 for analysis.The GIS mapping efforts will in turn inform the assessments developed by our street lighting experts.The coordinated effort will result in a product that maximizes Michael Baker's expertise. The scope of services was written to follow the RFP as closely as possible. We have considered a more constrainedset Q of tasks that would ultimate,y reduce the level of effort needed, schedule, and fee, described in the `Options for Q Scope Effi ciency'section at the end ofthissection.We have reduced the scope and fee as part of the"Scope Efficiency" suggestions that were made.The following sections describes our scope and deliverables in more detail. a Task 1.0 Project Management U) 1.1 Monthly Meetings cm c The consultant shall coordinate the meeting times, provide a meeting agenda if appropriate, prepare exhibits, E and distribute meeting minutes. Meeting minutes shall be provided to the City for review within five business days.Also included are typical project correspondence and communications for the duration of the project.This 2 includes time for a kick-off meeting with the consultant team and City and a project design team meeting a monthly to discuss status progress and project details.To save on time and associated costs,two meetings will be in person with all primary staff and progress meetings will have one local staff representative with other staff Q. meeting via phone conference. 0- a a 1.2 Field inventory Procedures c a� The project team will describe the details of the data collection effort process and work plan for completion.The N work plan will identify the times planned to survey the seven city wards and areas of the city based on the N approximate number of circuits present in each. The data collection will be done with multiple groups of a engineering interns or students who will be trained by GIS and street lighting design staff.Training will include type of information to collect,proper techniques to collect the data,and general safety procedures(i.e.orange 2 vests,gloves and other safety gear). d L 1.3 Survey Template and Database co Michael Baker will work with the City staff to complete a data survey template that will be used in the field.The data collected will be input into a Microsoft Excel database.The survey _ a template and database will list items such as: * -. .. • City of San Bernardino Ward E • City of San Bernardino Street Name I Michael a Baker1 INTERNATIONAL Packet Pg. 114 10.c PROPOSAL Provide Professional Engineering Services for Citywide Street lgbting Master Plan TC1841 L • City of San Bernardino Street Classification w • Street light element type(Pole,service cabinet,etc.) m • Pole or service cabinet ID • Wattage and voltage r o • Luminaire type , • Height and mast arm length • Equipment material and condition • ADA walkway clearance • Photo of street light element m We will not locate or provide data on any pull boxes or underground elements.Instead,diagrammatic linework will be drawn using basic assumptions of connection points with pull boxes.With city staff support, Michael Baker can create more accurate underground connection information. Task 2.0 Existing Infrastructure/Lighting Inventory Q Task 2 is a large data collection and mapping effort that will require a highly organized set of procedures to Q capture and provide a complete and accurate existing infrastructure and lighting inventory.The following sub- a, tasks outline those procedures and demonstrate how Michael Baker will successfully accomplish this task. a The City's street light inventory total is approximately 14,200 street lights in which 7000 lights are owned and ti maintained by the City and the remaining 7,200 lights are owned and maintained by Southern California Edison (SCE).Most of the existing circuits contain High Pressure Sodium (HPS) lights,others have been replaced with Light-emitting diode(LED). E 2.1 Records Review The records review will consist of a thorough review of the City's existing streetlight record maps and GIS data, a which will include a meeting with operations and maintenance staff to gain an understanding of which areas of the City may still have useful data and those areas that are outdated and incorrect.This task may also include $ an initial meeting with Southern California Edison (SCE)to collect their record data.Meeting minutes,findings, o and recommendations will be delivered to the City and the results will help guide the field work portion of this a task. a E 2.2 Data Schema Development Michael Baker will determine which data layers and fields, known as the schema, will be required to best a represent the street light and circuit GIS layers.At the very least,the schema will account for existing lighting capacity and lighting levels, wattage, height, type, and material of the various system elements. In addition, 2 location of power feed points,service cabinet,and pull boxes will be collected.A discussion will be held with the Q City GIS staff,public works and 0&M to determine if the current schema is adequate or if it should be modified 2 to better meet the needs of City users.As an option Esri's Local Government Information Model(LGIM)schema co can be leveraged and customized to meet the needs of the City. The schema will also define the file format and coordinate system of the data. This will be set as an Esri file a geodatabase with the coordinate system as follows: Q • Geographic Coordinate System:GCS North America 1983 E • Datum:D North American 1983 Michael Baker 2 I N T E R N A T I O N A L Packet Pg. 115 10.c PROPOSAL Provide Pra(mianaI Engineering Services for Citywide Street lighting MasterPlan KIM • Prime Meridian:Greenwich ,0 • Angular Unit:Degree m • Projected Coordinate System:NAD-1983—StatePlane—California—V—FIPS-0405—Feet Projected in Lambert Conformal Conic • Linear Unit of:Foot US Michael Baker will submit the schema to the City for approval and from that will create the datasets which will be used in data collection and mapping efforts. L 2.3 System Setup and Data Collection m This sub task involves setting up the data collection architecture which will define how the field collection units will be connected to the GIS server and how the GIS server will display the data for QC and review.Michael Baker will utilize Esri's collector application installed on hand held iPads for ease of data entry, which will have a Bluetooth connection to a high precision sub-foot GPS unit,the Arrow 100.The mobile devices will be populated with a custom data collection interface linked live to Michael Baker's ArcGIS web server.The custom form will allow field crews to quickly enter the expected data with minimal errors. Photos will also be collected and automatically attached to each point for easy access and reporting.With live access,each individual update in E the field will be immediately available for viewing on a web application that will be setup to monitor the collection L progress. If there are areas within the project boundaries where no internet connection is available,the device a will store the collected data and sync back with the master database whenever a data connection is restored. This approach has proven to be very effective on large data collection projects and because the data is entered into the GIS in real time there is no need to download or post process the GIS data. Additionally,the data can be quality checked and reviewed on the same day in the office while crews are still in the collection area,reducing the time and unnecessary expense of redeployment in the event of erroneous or missing information. Further, E this approach provides the City with the ability to follow the daily and weekly progress with"over-the-shoulder" project tracking throughout the contract. Once the collection system is in place data collection will begin with a multi-day training for field crews. Crew safety will be a top priority throughout the project and will be emphasized at each step during the task.Michael c Baker crews will be equipped with proper safety gear, including yellow vest and helmets. In addition, traffic c control measure will be taken as needed. a During the data collection phase each morning will begin with a 10-15-minute project meeting.These project a meetings will focus on safety,work areas for the day,and questions or observations about the collection efforts y from the previous day.Crews will be assigned an area of work each day and as mentioned above,their progress y will be monitored actively since the data collection device will send live data back to the Michael Baker servers. a The data collection effort will include all City owned lights in public streets and alleys.For the purposes of this a, proposal Michael Baker assumes that Southern California Edison lights are in an existing digital layer that can be used for this project. If this turns out not to be the case an optional task can be provided to collect data for L the SCE lights through a scope amendment. co 2.4 System Maps and Database Develop Citywide atlas maps, which clearly show the streetlights with their pertinent attributes which include: a pole type, height of pole, mast arm and type of bulb, location of connection to SCE power grid, LED, HPS,or other type.The circuits will be color coded to clearly depict which lights are on which circuit.The maps will also E show parcels and road names to give the reader context as to where items are located. These maps will be created on a grid system and if existing,Michael Baker will utilize the City's grid,otherwise a grid will be created Michael Baker 3 INTERNATIONAL Packet Pg. 116 10.c 2?.ofesslonal Engineering Services for Citywide Street lighting Master Plan at an effective scale. Full map books will be generated that including and index map,which will read similar to w Thomas Bros.road map books. m The point data depicted in the atlas maps will also be delivered as a database in spreadsheet format that will be readable in Microsoft Excel. 0 2.5 Condition Report L A matrix will be generated for each of the City streetlights and will include information to assist the City in the upgrade plan.Each streetlight will be given a condition rating to help prioritize importance of the upgrade.The Q pictures that were taken during the data collection phase will be automatically added to the report so the user m can quickly view the condition.Based on the City standards,a description will be given on what upgrades need to occur to bring each streetlight into compliance. V L___L__-•!L�_1___1___L--_L___l - �-.1.' 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Il { t/t'• Ar/ I all rN 1 fila 1111 { f11 - � ttr /t M* MN On I i a 1 .1t a.t I IN 411 N te l j ++ 6I! f bit Mt ! att , rn M r/ta bl# ! OM 1 R» I all 1 in i alt Block Condition; „. Street Name bn 1 on ! Ru i all i TU r an S STARR ST or aa. + as 1 77. Road Pavement Condition _-..a_.._I.-_ an l ! Fair oda 15 « an I I'm f O Q -IN Road Pavement Condition 6 I n+ an Rlt sir I' i» L Comments Street Lighting r _ u T nr i aa[ i rn ttw Q nark Street ID N Variable Roams width O � �-7-iAa 1 •�-i._�_t � .' u N Property Edges r tau [ ar no [ am A rat r d Strip*!IL O y _ � Q ParkingFinrl,., +•'' t Parallel A >31 Curb al Gutter `� J Vertical Curb Q # d StriphV Comment. L General Block Comments r: m Parking Comments a Q >_ ca Michael Baker Q 4 INTERNATIONAL Packet Pg. 117 10.c PROP03A1 Provide Profess nal Engineering Services for Citywide Street L ightitg Master Plan Task 3.0 System Assessment and Deficiencies ,0 Michael Baker's assessment proposes to investigate the overall lighting circuitry system within the limits of the CO City.However,SCE owned lights will be identified by obtaining SCE maps showing all current SCE owned LS-2 lights. This assessment will be clear _ f. of the condition as well as being able to identify any deficiencies of the existing lighting circuits throughout the city.The lighting assessment will be broken up according to the 7 Wards the City — -. has established to facilitate data collection and for CO the City to have a clear understanding of geographical information.In addition,SCE owned lights will be identified and shown within the geographical information provided by SCE. 3.1 Existing Lighting LevelAnal rsis Photometric Contour Plan a >_ No Existing Lighting Level Analysis will be done as part of this contract. L as 3.2 Standardized Photometric Calculations a Using the data that was collected in the field and the ti lighting analysis for all existing city lights, Michael Baker �'� Wna W will recommend proposed photometric contour E ;�,��. „��-� �,�.- � +•, calculations for different cross section widths and a --� «ihwte W,eMNiWG Nw Y..E classifications per the City Standard Plan 100 titled I� �tlMafe°ae�a aeti "Typical Street Section" and dated August 21, 1978.The - ,��� � .� v photometric contour calculations will establish a spacing . . ME Ri �.,,_,•�w+n�i au��fu�ia"'xe�iw+c �x�unn for each typical street section and will be standardized forucicr. w.x www rcwa crnauaa a`Huwa[�rr gra aw aume.ox raana. � sWa R.aw.w..vNp.wa nurM future lighting projects. Michael Baker will take into c � a�;m�rac onan�wicnoc consideration any light pollution from the City's Q.2-..=r. CLc ° » L ordinances as well as all urban forest sensitive areas Mm �, I a within the City's limits. 'j Q 35' wrao>u:tmrer.tit .: 3.3 Proposed LED Lighting Analysis `tom t 4 Q d Using all existing street lighting locations from the data y ..r Nicwne'n n(tu° Q collected a lighting analysis conducted through Visual 4 --_raffia— Lighting 2017 will be performed for the proposed LED t' J replacement to identify any lighting deficiencies and be �m�y��a � , yR.'riAl6 fKnclgfA9' ANa%TA i.. :... y able to recommend any improvements along the distinct STREETLIGHTSTANnARn '"'' '" �� L types of roadway facilities throughout the city. The SL-1 CO proposed LED replacement will comply with the requirements of IES and follow the standardized photometric 00 calculations for the different street cross section widths and classifications. a 3.4 Executive Summary and Final Report Q >_ r Michael Baker r a 5 INTERNATIONAL Packet Pg. 118 10.c PROPOSAL r PrevWe evide Profess nal Engineering Services for Citywide Street Lighting Master Plan Ulm Michael Baker will prepare an executive summary and final L report of the existing,proposed lighting as well as listing out all `>> ' v;. lighting deficiencies that the Ci might encounter duringthe `� Y"'w~ ©N conversion from High Pressure Sodium(HPS)to Light Emitting "° ^;,. ';, t Diodes(LED). ` ` ... i ;.tirVF Vas _.:si�1M!4 4�6.� 0 El— Michael Baker will work with different lighting manufactures / ;'.;,,,a. as and or representatives to discover any potential cost savings associated from the lighting analysis and help determine a crh.c 1�"o- v.yyr.r, ,4twnrar+�r ii L ".Trin .V li 1,Lfi y:r �'• r.i .. .9!l 0 feasible luminaire replacement program.Additionally, Michael Baker will prepare a multi-year plan and budget to complete aN' a the LED replacement program. As Michael Baker works with different lighting manufactures and/or representatives, the focus will be on recommendations to establish a plan to upgrade all LS-2 circuit to LS-3,identifying all the improvements ' necessary for the upgrade.This will also help Baker understand Photometric Contour Plan and prepare a multi-year plan and budget to complete the LED Q replacement and at the same time research about energy efficient alternatives for the proposed City street lights. a L Recommended upgrade repairs will be categorized as long term or short term as well as identifying zones by priority of upgrade or repair.As part of the meetings, Baker will work alongside City staff to develop a priority ti upgrade or repair list.This information will be available in GIS map format for a better graphical interpretation. Cost attributes and all associated costs for each zone will be provided and linked to the map for the City to N extract. Q As part of the 7,000 city street lights,there are several decorative light poles in residential and downtown areas E that will need to be upgraded also.It is understood that perhaps some of these decorative light poles could fall under historical areas and should be refrained from any changes.Baker will work with the City to possibly salvage a all or most lighting pole pending their integrity. Baker will also work with several lighting pole manufactures ' and/or representatives to find the similar or appropriate lighting pole to maintain the historical feel and look. c However,if at any time Baker sees the need to recommend the replacement of all decorative lights,the city will c be advised. Also, as part of the existing citywide lighting system, several high voltage lighting circuits will be a identified and recommended to have them converted to a 120/240 V system. These high voltage systems are decrepit and outdated.In a previous proposal that Baker prepared for the City,it was found that the use of direct E burial cable was in place used for several segments of a residential area.These segments should be identified U) and possibly prioritized high enough for complete y 4.0 Inventory Assessment and QA/QC a� 4.1 Assessment Criteria Q Each street light will undergo an assessment in which a score will be given to represent its existing condition. co The assessment will be discussed with City staff,but as an example,a simple 0 to 5 point scoring system is shown m below that have been used for similar assessments. The higher the point value, the higher the need that the 2 equipment should be replaced.This is one variable to determining the time span in which a light may need to a be replaced. Below is the basic rating system that could be a basis for the field surrey: E Michael Baker 6 INTERNATIONAL Packet Pg. 119 10.c PROPOSAL I Provide vide P y Professmnal Engineering Servicestot Citywide Street Lighting Mister Plan Ulm — L O W SCORE Street 5m Light Condition v 0 New or like new ° n� c 1 Minimal wear and good working condition z Moderate wear,but still functional 3 Significant wear,yet failure unlikely in the near future m as 4 Severe were and failure likely in the foreseeable future 5 Marginal functionality with failure imminent In addition to a simple condition rating,certain types of roadway classifications,voltages,or sensitive locations could have higher priorities for replacement.To account for this possibility,the lights could have weights that E are applied by characteristic to come up with a prioritization scheme that would rank the circuit improvements. L as 4.2 Database Up-L oading and QA/QC a The database will be used to populate the GIS layers for the maps and exhibits.The GPS collection techniques that we will deploy creates mobile units with pulldown menus,so many typing errors can be avoided. The data will be collected digitally andautomatically transferred from the Aeldworksurvey Into the database matrix, which eliminates paper forms and transcription errors Once in the matrix,checks will be done to make sure the shapefiles are correctly pairing with the database information. n� 4.3 Conditions and Cost fstimate a Using the information from the conditions and system needs assessments, street light equipment will be identified for replacement.New LED lighting standards will be identified as well as their costs for purchase and Q. installation.A cost estimation will be created that will be shown within a"Condition and Cost Estimate"summary 0- in in the final lighting report.The cost estimation will also be used in developing an annual budget for short and a long-term improvements. E 5.0 Deliverables vi N U) 5.1 Environmental Clearance U) a After review of the scope of services listed in the RFP,it was determined that no environmental documentation 2 is anticipated from this contract. Michael Baker has an Environmental Expert on staff to answer questions _j regarding state and federal environmental requirements. As an optional task, Michael Baker can perform L Environmental services for environmental clearance at the request of the City. co 5.2 Field Survey and Inventory Checklist Documents After completion of the field survey using City-approved templates,the information will be collated and inserted a into a Street Light inventory database in Microsoft Excel format.The original field survey sheets will be scanned and kept digitally fr posterity. (See Tasks 1.3 and 2.3) E o 5.3 61SShapefiles and Microsoft Excel Database c Michael Baker 7 I N T E R N A T 1 0 N A L Packet Pg. 120 10.c PROPOSAL �r PreWe Professional Engineering Services for titywkle Street Lighting Master Plan TC1"2 On completion,the GIS files will be delivered that contain citywide circuit map data as well as collected ,0 streetlights and associated appurtenances.This same information will be delivered as an Excel database. (See m Task 25) � 5.4 Citywide Circuitry Maps c The citywide circuit maps will be generated from the GIS information and plotted into exhibits. They will be logically organized using colors and labelling. No underground information will be researched as part of the ; fieldwork task,therefore any conduit and conductor connections may only be shown for illustrative purposes L and no specific data will be included beyond assumed connectivity. Michael Baker can work with city staff to Q adjust underground circuit connection linework if the city has better data available. (See Tasks2.5and3.4) m 5.5 Photometric Contours 2 Typical exhibits will be developed for each type of street classifications with recommended spacing and wattages. (See Tasks 3.1 and 3.4) 3 5.6 Executive Summary and final Report Q A report,with references of the results from the other deliverables summarize the findings in the analysis that Q will show Michael Baker's recommendations. The report will be populated with GIS maps showing citywide a, circuits,recommendations for improvements,and a five-year plan with an annualized budget.The GIS database a will also be organized and include in the report for easy reference. (See Task3.4) ti 6.0 City Provided Services N The City has stated that they will provide the City-owned and maintained streetlights list as well as the GIS maps available for this list.We would also ask that the City provide: E • As-Builts that call out"best known"existing equipment and circuit information • Recent city bids and cost estimation data with unit prices a • Access to city staff or maintenance personnel to help clarify circuit connections y 0 •P • • ' •Po a As described at the beginning of this section, our proposal meets the needs shown within the RFP. Below are the suggestions we made to lower the scope of effort and provide additional cost efficiencies to the City of San Bernardino Q while will meeting key project objectives: y Q • Remove pull boxes and unnecessary field elements from data collection efforts a • Use naming conventions,labeling,and colonzation techniques to depict circuits and eliminate schematic linework showing underground physical connections °1 J • No capacity calculations(photometric contouring)for existing street lights Photometric contouring will still be done for typical street classifications/cross section to develop a set oflighting standards 2 • Citystaffsupportin determining complete circuitinformation. This could include identifying which N Fn surveyed lights are connected as part of each circuit,locations and access to existing service cabinets,and service panel configurations that might be useful in determining circuit details CL Q E 0 a 8 1 N T E R N A T 1 0 N A L Packet Pg. 121 10.c PROPOSAL Provide Protessional Engineering Services for Citywide Street lighting Master Plan TCI"2 PROJECT TEAM 0 _ L At Michael Baker,we know the success of our firm and our projects are built on the knowledge,experience,and talent of 0o our dedicated staff.Michael Baker recognizes that the successful delivery of a project starts with assigning a skilled Project Manager who is responsive to the needs of the client and builds an efficient team. c 0 We have provided a team that ""°��, c blends in-house resources in GIS, civil, and traffic engineering to — seamlessly respond to the needs of + •� £ ;� the City. The team shares Ryan'sti�F-� management approach which aI focuses on responsiveness, innovation and quality of service. 2 Ryan Zellers,PE,TE t Under one roof is a key strength that will directly benefit the City. This work environment elevates our Octavio Hernandez,PE d ability to provide the City with a d comprehensive package that will a, meet budget and schedule goals.We a have a commitment to the City,and mim ti a commitment to each other to Rick Herdrickson,GISP Octavio Hernandez,PE Bob Stark,AICP ti deliver the best project. Geoff Retemeyer,EIT Frank Vlllagomez Fk P Jose Covarmbias N y+ Our team structure is shown in the Organization Chart with short Intern Staff E resumes below. Full resumes can be found in the appendix. i2kiNa Land Surveying Highway Engineering Mapping Weiland Management Visual Analysis Environmental Public Worcs Right-of-Way Engineering Permitting Construction Management Landscape Architecture Structural Engineering Flood Control Engineering land UselSite Planning GIS in Planning Transportation Planning HydrologylHydraulics Urban Design O a 0— a:a W c a� E RYAN ZELLERS, PE, TE I Project Manager Mr. Zellers has experience in the fields of civil and traffic engineering. He integrates U) knowledge from these areas to complete diverse types of traffic improvement plans, +, roadway designs and transportation studies. He is adept at identifying a project scope, a, budgeting appropriately, setting achievable deadlines and managing resources within those determined limitations. Mr. Zellers' skillsets including street lighting, traffic L signals, communications, roundabouts, bikeway/pedestrian facilities, signing/striping, co traffic control, construction staging, and diverse types of traffic studies. Mr. Zellers's ' m similar experience includes: 2 • Armorlite Drive Improvements,San Marcos,CA a • Metro Gold Line Intermodal Parking Facilities and Enhancements,Arcadia, Duarte,Irwindale,and Azusa,CA • Transportation Project Prioritization Study and Regional Arterial Cost Estimate Update,Coachella Valley,CA E • Avenue 42 and Monroe Street Traffic Signal and Interconnect,Indio,CA Michael Baker a 9 INTERNATIONAL Packet Pg. 122 10.c PROPOSAL l Provide vide Professional Engineering Servkes for Citywide Street lighting MasterPlan ma•z �_ ;� L OCTAVIO HERNANDEZ, PE I QA/QC, Street Lighting Design &Assessment w Mr. Hernandez has technical experience in transportation and traffic engineering. He is actively involved in the field of traffic and transportation engineering and ITS. He has experience using AutoCAD,Microstation,Autoturn,Visual 2017(lighting analysis software), Z SignCAD,Arcview GIS and various Microsoft Office applications. Prior to joining Michael Baker International, Octavio worked for AECOM/URS Corporation in the Transportation/Traffic Department. His similar experience includes: , t A- 0 Roundabout Lighting,San Juan Capistrano,CA • Roundabout Lighting,Los Angeles,CA • High Mast Lighting,Corona,CA ca • Traffic Signal Modifications,Pasadena,CA • Traffic Signals,Otay Mesa,CA • Lighting,Corona,CA • Lighting,Phoenix,AZ • Lighting, Indio,CA 3 • Lighting,Loma Linda,CA • Parking Lot Lighting,Glendale,CA E • Temporary Traffic Signals,Corona,CA R as RICK HENDRICKSON, GISP I GIS, Maps, & Data Collection a Mr. Hendrickson specializes in utility mapping and GIS Web Programming. He has experience working with and managing GIS projects for the utility industry, municipalities, and governmental agencies. Mr. Hendrickson draws on his diverse N experience to manage large data collection and mapping efforts which involve large r.=7, field teams. He has designed and developed web-based interactive project viewers E and custom data collection forms. Mr. Hendrickson has a wide range of software 0 experience utilizing various systems including AutoCAD,ArcGIS,Arcinfo,and Oracle, SQL Server, SDE,JavaScript and other web technologies. Mr. Hendrickson's similar - a experience includes: • Miramar and Mesa College Utility Mapping(including streetlights),San Diego,CA 0 • County of San Diego Sidewalk Assessment and ATP,San Diego County,CA 0- • • Storm Drain Inventory and Watershed Master Plan,San Diego,CA a • Sewer System Master Plan,EI Cajon,CA E U) BOB STARK, AICP Environmental Clearance N Mr. Stark has many years of experience in the preparation and management of a environmental review documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act(NEPA). His expertise in guiding high aM profile and controversial projects through the rigors of state and federal environmental 42 J review and permitting processes has made him a valued advisor to public agencies L �. throughout California. His broad base of knowledge ranges from air quality, noise, and co traffic analysis to habitat restoration and climate change. Mr. Stark is a highly regarded m instructor of professional-level seminars and continuing education courses on the topics of CEQA and environmental impact analysis.His similar experience includes: a • On-Call Planning Services.City of Eastvale • Vista General Plan 2030 Update Program EIR.City of Vista Q • On-Call CEQA Services, Environmental Studies,Various Locations.Southern California Edison Santa Monica Boulevard Transit Parkway Project EA/EIR.City of Los Angeles Michael Baker a 10 INTERNATIONAL Packet Pg. 123 10.c PROPOSAL Provide Professional Engineering Services for Citywide Street Lighting MasterPlan Ulm w Michael Baker has determined the"Schedule of Services"milestones and task durations per the City's Request for 0o Proposal in the table below. c 0 ESTIMATED A. DATE AC PER MICHAEL BAKERACTIVITY DURATION OF WORKd Notice to procee - L Task 1.1 Monthly Meetings December 20,2018 Ongoing m Task 1.2 Field Inventory Procedures December 10,2018 10 DAYS Task 1.3 Survey Template Database December 10,2018 5 DAYS 2 Task 2.1 Records Review January 7,2019 20 DAYS 3 Task 2.2 Data Schema Development January 7,2019 20 DAYS E Task 2.3 System Setup and Data Collection January 22,2019 90 DAYS L as Task 2.4 System Maps and Database March 25,2019 60 DAYS a Task 2.5 Condition Report March 25,2019 60 DAYS Task 3.1 Existing Lighting Level Analysis April 29,2019 35 DAYS N c Task 3.2 Standardize Photometric Calculations April 29,2019 10 DAYS E Task 3.3 Proposed LED Lighting Analysis April 29,2019 35 DAYS Task 3.4 Executive Summary and Final Report April 29,2019 25 DAYS a Task 4.1 Assessment Criteria December 10,2018 10 DAYS c Q. Task 4.2 Database Up-Loading and QA/QC June 10,2019 10 DAYS a W Task 4.3 Conditions and Cost Estimate May 6,2019 20 DAYS a E Draft Report ]rine 1,2019 Final Report June 30,2019 15 DA a M J Many of these tasks are expected to be performed concurrently.The completion of the final report is estimated to be the d end of June 2019 with the items in the current scope of work. L co m a Q E Michael Bakera 11 INTERNATIONAL Packet Pg. 124 10.c PROPOSAL r Provide Protessional Engineering Servkes ter Citywide Street Lighting Master Plan TOti-92 L O W 1EXPERIENCE Ib 2 Choosing Michael Baker as your partner consultant is an opportunity for the City to benefit from our successes and lessons learned from over 75 years of experience with similar projects for public agencies.Our team brings excellent client service, technical competence,and a strong commitment to successfully achieving your project success. as Our experience includes: L M La Novia Avenue Roundabout Lighting Design, 1San JuanCapistrano, 1 f4 ca La Novia Avenue roundabout is in the City of San Juan Capistrano, CA.The roundabout was composed of 5 legs of streets not only serving the City but also the California Department of Transportation (Caltrans) for the northbound off and on ramps. The roundabout like any other required to be adequately illuminated following all local and state agency standards.Having .� that the City also required a special ornamental "Mission Bell" type lighting fixture, Michael Baker work diligently with the City - 4) and lighting manufacturer to fulfill the City's requirements.The La La Novia Avenue Roundabout ti Novia roundabout lighting was design using an updated Light a Emitting Diode (LED) lighting fixture while maintaining the look Mission Bell Lighting Standard and feel of the City's Mission Bell standard. ASCE Orange County—Roadway&Highway Project of the Year,December 15,2017 N APWA Southern California B.E.S.T. —Project of the Year. Trak,Mobility&Beautification<50k,December 14,2017 ACECNational—National Recognition Award,Aprill5,2018 E DATE COMPLETED: 2017 CLIENT&REFERENCE CONTACT: David Contreras,(949)443-6320 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 1Boulevard HistoricalLighting Design during-the StateRoute ' Design Build, 1 t4 .Lorona / O Grand Boulevard,the heart of Corona,CA was affected by the State c Route Design Build in 2014.Grand Blvd is one of the biggest circular a configuration streets in the region. It passes thru residential, commercial and industrial land uses. Being that Grand Blvd is not E only the oldest street in Corona it also has the oldest decorative `- y lighting poles and fixtures in the city. Having that State Route 91 y passes right in the middle of Grand Blvd as an over pass, several Q decorative lighting poles were affected with the design build. The City of Corona u re ested for the designer and contractor to work M q g Grand Boulevard,Corona,CA City of Corona J together to salvage and preserve the historical lighting poles and Decorative Q fixtures during construction. Concrete L Due to the widening of SR-91, Grand Blvd also required some work.The innovative design of Grand Lighting Pole to Fn Blvd caused for several lighting poles to offset from their original location. A lighting analysis was conducted using only the offset of the existing decorative concrete lighting pole but encountered a lighting deficiency. In working with the City of Corona and a decorative concrete lighting pole manufacturer,additional lighting poles were a added to adequately light up Grand Blvd per city's requirements. CLIENT&REFERENCE CONTACT: Mr. David Thomas,(951)787.7141 E DATE COMPLETED:2017 Riverside County Transportation Commission 4080 Lemon Street Riverside,CA 92502 Michael Baker . 12 INTERNATIONAL Packet Pg. 125 10.c P I ProvidevWe Professbnal Engineering Services for Citywide Street t inhtirra Mister Plan Ta"2 am L 0 W cm SignalizedIntersections City 1 Corona duringthe StateRoute ' Design Build, 1 Corona, C 1 Several signalized intersections in the City of Corona were affected by the State Route 91 Design Build. Using the city's c and Caltrans requirements the appropriate lighting fixtures, approximately 20 signalized intersections were analyzed throughout the City. As a requires process the intersection lighting was analyzed using Visual Lighting software and appropriate lighting levels were determined.The design followed thru thereafter. c L CLIENT&REFERENCE CONTACT: Mr. David Thomas, (951)787.7141 DATE COMPLETED:2017 Riverside County Transportation Commission 4080 Lemon Street Riverside,CA 92502 m a> Residential CommercialLighting Designduringthe StateRoute ' Design Build, 1 Corona, / 2 Several street segments throughout the City of Corona were affected by the State Route 91 Design Build.Using the city's requirements and the appropriate lighting fixtures,approximately 175 street lights were analyzed throughout the City. As a requires process residential, commercial and industrial lighting was analyzed using Visual Lighting software and appropriate lighting levels were determined.The design followed thru thereafter. F— CLIENTCOMPLETED:2017 CLIENT&REFERENCE CONTACT: Mr.David Thomas, (951)787.7141 L Riverside County Transportation Commission 4080 Lemon Street Riverside,CA 92502 a State Route ' DesignBuild, CaliforniaDepartment 1Transportation, 1 Corona, 1 f• Lighting for the State Route 91 Design Build from Coal Canyon Trail to Magnolia Avenue in the County of Riverside was design to meet adequate lighting requirements by the State of California Department of Transportation.The lighting c design consisted of off and on ramps in a 12-mile segment of the SR91, high mast lighting for the Interstate 15/SR91 E Interchange,traffic bridge structure lighting,tolling gantries, and tolling ingress/egress access points.Several lighting analyses were conducted using several lighting requirements that was agency dependent. The design followed thru c thereafter. a DATE COMPLETED:2017 CLIENT&REFERENCE CONTACT: Mr. David Thomas, (951)787.7141 Riverside County Transportation Commission 4080 Lemon Street Riverside,CA 92502 0 0 Lorena1IndianaRoundabout Lighting Design, 1 CountyL a 1 Los Angeles, 1 W c Lorena Street roundabout is in the heart of East Los Angeles, CA. The roundabout was composed of 5 legs that are E divided between City and County of Los Angeles.The roundabout like any other required to be adequately illuminated U) following both city and county agency standards.A lighting analysis was done to show both agencies the required and N adequate lighting using the modern technology of Light Emitting Diode(LED).The design followed thru thereafter. DATE COMPLETED: N/A CLIENT&REFERENCE CONTACT: Michael Haddadin,(213)485-4642 2M City of Los Angeles 200 N Spring St, Los Angeles,CA 90012 d L Parking 1 Lighting Design, 1Glendale, 1 co The City of Glendale reached out for lighting design services for a park and ride lot located on Fairmont Avenue.The lot m is located next to State Route 134 within city limits in a poor lighted area.A lighting analysis was conducted following the requirement of the Glendale Water and Power,the Illuminating Engineering Society(IES) RP-8 guidelines and the a City of Glendale standards to show the city the adequate lighting for a parking lot.The design followed thru thereafter. DATE COMPLETED: 2014 CLIENT&REFERENCE CONTACT: (818)548-4844 E City of Glendale Water&Power 141 N.Glendale Ave. Glendale,CA 91206 a BakerMichael INTERNATIONAL Packet Pg. 126 10.c PROPOSAL Rrevi<Ile Professional Engineering Services for Citywide Street lighting MasterPian L 0 Active Transportation l l W Michael Baker prepared the County's Active Transportation Plan for more than p ATPToolbox -� L 1,000 miles of bicycle and pedestrian improvements to provide a long-range plan for ideal bicycle and pedestrian facilities to encourage and facilitate active modes of transportation in the 26 unincorporated county communities. l'. . Michael Baker provided extensive existing conditions analysis of pedestrian and bicycle facilities and experience compiled into a plug-n-play GIS dataset; c developed updated design guidelines and engineering standard drawings, and --- created an implementation plan. CLIENT&REFERENCE CONTACT: DATE COMPLETED: 2018 San Diego Co.Dept of Public Works 15510 Overland Avenue,Suite 410,San Diego,CA 92123 2 Soboba Hotel1Casino, San Jacinto, Michael Baker was responsible for surveying services and civil engineering design of a 350,000-square-foot casino facility and 200-room hotel on approximately 40 acres. Services included design of the grading, drainage,water, sewer, and storm drain infrastructure. The on-site drainage system included drop inlets and storm drains conveying the 10-year E storm flows;stormwater best management practices (BMP), including two infiltration basins;and approximately 1,000 linear feet of 8-foot by 5-foot and 300 feet of 12-foot by 5-foot reinforced concrete box culvert to convey 100-year off- a site drainage through the project site and into an adjacent,re-designed pond within the Soboba Springs Golf Course. Hydrologic and hydraulic analyses included a HEC-HMS model of an offsite drainage area reaching the proposed RCB, an onsite XPSWMM model of a proposed box culvert and onsite drainage system,and a 2D HEC-RAS model to evaluate 100-year flows through the existing and proposed golf course renovations as a result of the proposed RCB. cm c DATE COMPLETED:2018 CLIENT&REFERENCE CONTACT: Michael Castello(951)654-5544 x4101 Soboba Band of Luiseno Indians P.O. Box 487 San Jacinto,CA 92583 ns GIS DatabaseManagement, 1 1San Diego, Since the adoption of the regional stormwater permit,which the Port of San Diego is a co-permittee,Michael Baker has N been working with Port environmental staff to design and implement a data management strategy and database system 0 CL which allows staff to track and report on the essential information required under their permit. Michael Baker has 0- knowledge knowledge and expertise in stormwater policy, regulatory compliance, GIS and database management systems. This a W knowledge and expertise has allowed Michael Baker to successfully utilize current technologies to streamline the a inspection process and greatly reduce the time and effort required for staff to prepare their annual reporting.The Port N of San Diego is responsible for collecting large amounts of data associated with the stormwater system as well as facility a BMP monitoring. N Michael Baker performed an in-depth needs assessment and gained a thorough understanding of existing data and a processes. Michael Baker developed a secure online RDBMS for the Environmental Services Department.This system as allows dozens of Port users to enter vital facility inspection information,track construction projects, BMPs,spills,and other stormwater related complaints over time and summarize the results to meet the Port's stringent annual reporting requirements using a timely and cost effective data management solution. co DATE COMPLETED: CLIENT&REFERENCE CONTACT: Karen Holman(619)725-2007 Ongoing_ Port of San Diego 3165 Pacific Highway,San Diego,CA 92112 a d E a Michael Baker 14 INTERNATIONAL Packet Pg. 127 10.c PROPOSAL Pr®vi&de Pno}essianal Engineering Services for Citywide Street lighting MasterPlan Ta 11 2 L TEAM AVAILABILITY 1 • W Team Member Role Availability CmC v Ryan Zellers,PE,TE Project Manager 34 c Octavio Hernandez,PE QA/QC,Street Lighting Design& 75% Assessment — L Frank Villagomez Street Lighting Design&Assessment �55 m d Jose Covarrubias Street Lighting Design&Assessment 60% V Street Lighting Design,&Data Geoff Retemeyer,EIT Collection 709 Rick Hendrickson,GISP GIS,Maps,&Data Collection 60% d E Q Bob Stark,AICP Environmental Clearance R a ti SUB-CONSULTANTS Michael Baker will not require any sub-consultants for this project. c . . E With just a short 15-minute drive to the City, Michael Baker is your good neighbor.Our office in Ontario is one of three 2 Michael Baker offices servicing San Bernardino and the Inland Empire area. We are often present working in your a community and want to further grow our relationship. U) 0 ITEMS, ACTIONS OR INFORMATION EXPECTED FROMc L Michael Baker respectfully requests the following from the City. a c a� 1. As-Builts that call out"best known"existing equipment and circuit information E 2. Recent city bids and cost estimation data with unit prices a 3. Access to city staff or maintenance personnel to help clarify circuit connections N 2 J 42 Q P L co Cm C CL Q E ns Michael Baker a 15 INTERNATIONAL Packet Pg. 128 10.c L- 0 W Cm C 0 L d L d m d CCS C FM Q E Q d L Q� ti ti Appendix - Resumes 0 CL 0 L a Q E N N Q N N a M J Q P Co Cm C CL Q E a Packet Pg. 129 10.c We Make a Difference INTERNATIONAL ,o m � Ryan K. Zellers, P.E., T.E. Years with Michael Baker:5 0 Years with Other Firms: 15 Project Manager L Degree! General Qualifications B.S.,1998,Civil Engineering,Purdue d University m Mr.Zellers has experience in the fields of civil and traffic engineering.He integrates knowledge from these areas to complete various types of Licenses/Certifications traffic improvement plans,roadway designs,and transportation studies. Professional Engineer,California, 2 He is adept at identifying a project scope,budgeting appropriately,setting 2006,69470 achievable deadlines,and managing resources within those determined limitations.Mr.Zellers'skill sets include traffic calming,roundabouts, Traffic Engineer,California,2007, 3 bikeway/pedestrian facilities,traffic signals,communications,street 2418 d lighting,signing/striping,traffic control,construction staging,and various E types of traffic studies. L a� Experience Q ti As-Needed Civil Engineering Services for the Municipal Stormwater Program 2014-2019,San Diego, California. CityofSanDiego, TransportationandStormWaterDepartment. Project Manager. Responsiblefor C, project oversight.Michael Baker is providing as-needed engineering services to support the City of San Diego municipal stormwater program.Under this five-year contract,Michael Baker is providing strategic planning,design, E and engineering services for task orders throughout the City's sphere of influence,including completion of a watershed master plan.Work under the master plan includes gathering data on the existing stormdrain system for a GIS layer and modeling for water quality,flood control,lagoon rehabilitation,and wetlands mitigation.The purpose a of the master plan is to develop and prioritize capital improvement projects that improve drainage problems and meet the City's TMDL obligations in the receiving water. c CL 0 As-Needed Civil Engineering Services for the Municipal Stormwater Program 2014-2019,San Diego, a California. CityofSanDiego fconomicDevelopment. Project Manager. Responsible for project oversight.Michael Baker is providing as-needed engineering services to support the city's municipal stormwater program as the prime contractor.Under this five-year contract,Michael Baker is providing strategic planning,design and engineering y services for task orders throughout the city's sphere of influence. y a Transportation Project Prioritization Study and Regional Arterial Cost Estimate Update,Coachella Valley, California. Coachella ValleyAssociationofGovernments(CVA GJ. Project Manager. Completing 5 correlated M transportation studies for the Coachella Valley Region,set to prioritize their road projects and set a mitigation fee for the valley.Was acting project manager for the project,delegating study tasks and overseeing the workflow for L the various studies. Michael Baker provided services for the Transportation Project Prioritization Study(TPPS)and co Regional Arterial Cost Estimates(RACE)2010 updates,Active Transportation Plan(ATP),and Transportation m Uniform Mitigation Fee(TUMF)Nexus Study.The project includes a ranking system for evaluating the need for improvements and is useful as a monitoring program that will allow the client to address changing conditions of a their arterial road system over time.Michael Baker's team identified all of the potential projects through the entire study area,determined if they were considered regionally significant,and are positioned to include them in the 4) TUMF calculations to act as a new potential funding source for these projects. E a MBAKERINTL.COM Packet Pg. 130 10.c We Make a Difference INTERNATIONAL ,o m Engineering&Traffic Surveys.LosAngeles County,Department ofPublic Works. Project Manager. Completed several traffic engineering speed surveys around the County of Los Angeles in an expedited project timeline. 0 Cit O'side A mt 5-29-14.CtYofOceanside. Project Manager. Responsible for preparing a complete PS&E � package for improvements for an additional approach to an existing intersection.Plans included road widening, traffic signal,signing and striping,landscaping,and traffic control plans. Rancho Del Oro&Ocean Ranch. CityofOceanside. Project Manager. Responsible for preparing a complete PS&E m package for improvements for an additional approach to an existing intersection.Plans included road widening, traffic signal,signing and striping,landscaping,and traffic control plans. Linda Vista Comprehensive Active Transportation Strategy(CATS),San Diego,California. Cityof5anDiego Economic Development. Project Manager. Project Manager that oversees the outreach,methodologies, and implementation strategies for this unique hybrid of bike and pedestrian active transportation planning study. The completed product will be a process,completed for Linda Vista community,that will become a strategy that E can be replicated for other neighborhoods in the San Diego area. Michael Baker provided public outreach and GIS modeling services for The Linda Vista Comprehensive Active Transportation Strategy(CATS),a first in the region, a with an objective to blend the pedestrian and bicycle master planning processes into one active transportation plan effort.It focuses on GIS modeling and public outreach to arrive at data driven results to develop active ti transportation projects.Pedestrian and bicycle demand models were overlayed with existing and planned transit routes to determine the high score areas for active transportation propensity.Typologies were created to N understand the existing street network and how it relates to land use,so that context-appropriate solutions can be implemented.Two public workshops and an online survey were developed to gain community opinions that would E help identify specific areas of need that may not have been captured by modeling efforts. Armorlite Drive Improvements,San Marcos,California. Cityof5anMarcos,California. Traffic a Engineer. Prepared traffic engineering plans for this complete streets project,including a traffic signal and signing and striping plans that enhanced bike and pedestrian treatments. Michael Baker provided civil engineering tasks c and led a consultant team,which included a landscape architect,electrical/lighting engineer,and geotechnical CL 0 engineer,for improvements to Armorlite Drive.Improvements consisted of a two-lane bicycle track,traffic calming a measures,street and sidewalk enhancements,water main relocation,and stormwater treatment.Civil services included topographic survey;base map;construction plans,specifications,and cost estimates;drainage study; E water quality improvement plans;stormwater pollution prevention plan(SWPPP);and bid and construction support. y d a M J d d L co Cm C a d E 0 a Ryan K.Zellers,P.E.,T.E. Packet Pg. 131 10.c Michael Baker We Make a Difference INTERNATIONAL ,o m Octavio Hernandez, P.E. Years with Michael Baker:3 0 Years with Other Firms: 11 QA/QC, STREET LIGHT DESIGN 6 ASSESSMENT L Degrees 2 General Qualifications B.S.,2004,Civil Engineering, d California State University at Long m Mr.Hernandez has technical experience in transportation and traffic Beach engineering.He is actively involved in the field of traffic and transportation engineering and ITS.He has experience using AutoCAD,Microstation, Licenses/Certifications Autoturn,Visual 2012(lighting analysis software),SignCAD,Arcview GIS Professional Engineer-Civil, and various Microsoft Office applications.Prior tojoining Michael Baker California,2011,C78085 International,Octavio worked for AECOM/URS Corporation in the Transportation/Traffic Department. d >_ Experience L a� Sanitago Hills II,PH2.lrvineCommunityDevelopmentCompany. Traffic Task Manager/Engineer. Managed Q small task of QA/QC for the sign,striping,signal,and ITS plans for Michael Baker's Irvine,California office. ti ti DO 10 2016 HM Phasing Plan.Dallas/Fort WorthlnternationalAirport. Senior Engineer. Responsibilities included N coordination with DFW staff to develop a staging sequence to replace 400 high mast lighting poles for Dallas/Fort Worth International Airport. 1-5/La Novia Avenue and Valle Road Interchange/Roundabout,San Juan Capistrano,California. Caltrans- Districtl2. Traffic Task Manager/Engineer. Responsible for calculating lighting levels for the roundabout near the a off-ramp of 1-5 at Valle Rd/La Novia Ave. Michael Baker prepared plans,specifications,and estimate(PS&E)and provided environmental studies and engineering for the Interstate 5(1-5)and Valle Road/La Novia Avenue `4 Interchange Improvement Project.The purpose was to re-align the Northbound 1-5 exit and entrance ramps,Valle °Q Road,and La Novia Avenue to eliminate the existing offset intersection and congestion due to geometric ° deficiencies.Four alternative improvement concepts were evaluated,and a roundabout design was identified as the preferred form of intersection control as part of the Caltrans Intersection Control Evaluation(ICE)process. The 4) four-legged roundabout was designed to have an inscribed circle diameter of 150 feet,a landscaped central island,a traversable truck apron,single lane approaches,and raised splitter islands.The roundabout will improve y intersection operations and safety for all modes of transportation. a Non-Michael Baker Project Experience J Fairmont Avenue Grade Separation,Glendale California. CityofGlendale.Project Engineer.Prepared PS&E for m the City of Glendale to extend Fairmont Avenue over San Fernando Road,the Southern California Regional Rail 2 Authority,and the Verdugo Wash,as well as provide ramp improvements for the S.R.134 westbound ramps and co surrounding local streets.Duties included preparing signing and striping,lighting,traffic signals,interconnect,CCTV tie-ins into the existing fiber optic network.Additional responsibilities included preparing Caltrans PS&E and all the necessary permits for all work within state right-of-way. a Milliken Avenue Grade Separation,Ontario,California. Cityof Ontario.Project Engineer.Provided Electrical >_ Design service for Milliken Avenue Grade Separation with UPRR between Airport Drive and Guasti Road.Project a MBAKERINTL.COM Packet Pg. 132 10.c Michael BakeA We Make a Di f fever INTERNATIONAL ,o m plans includes two traffic signal modifications,two temporary signal,street lighting,signing and striping and traffic control plans. G Palomar Street Widening,Riverside County,California. CountyofRiverside.Lead Engineer.Conducted field work necessary to develop the traffic signal,lighting,signing,and pavement delineation plans.Assist in the design of traffic signal,lighting,signing,and pavement delineation plans. S.R.60/Valley Way Interchange Improvements,Riverside,California.City of Riverside.Design Engineer.This m project involved relocation of S.R.60 EB off-ramp at Valley Wayto new location at Byrne Road.This also involves redesigningthe Valley Way/Mission Boulevard and Byrne Road/Mission Boulevard intersections.Is workingon the cam, electrical and sign illumination plan,communication system routing plans,sign and striping plans. a I-10/Live Oak Interchange Improvements,Riverside,California.City of Riverside.Design Engineer.The purpose of the project was to upgrade traffic controller equipment and communications and develop updated coordination timing plans for all traffic signals within the corridor. E d 1-215 Widening,Riverside County,California.Caltrans(161).Lead Engineer.Conducted field work necessary to a develop ramp metering system,stage construction,signing,electrical and pavement delineation plans.Design of the ramp metering,stage construction,signing,electrical and pavement delineation plans. ti ti 1-15-Clinton Keith Interchange,Riverside County,California.Caltrans.Design Engineer.Conducted field work C14 necessary to develop the ramp metering system,stage construction,signing,electrical and pavement delineation plans.Design of the ramp metering,stage construction,signing,electrical and pavement delineation plans. E Central Orange County Corridor—Phase I Study,Orange County,California.Assistant Engineer.Developed `4 study area maps for the project.Develop different alternatives for the project. a S.R.22 Design-Build,Orange County,California.Design Engineer.Generated traffic volume study for the project o between 1-405 to S.R.55• o L a Traffic Calming,Pasadena,California.City of Pasadena.Lead Engineer.Designed about one mile of traffic d calming measures along South EI Molino Avenue.Concrete chicanes placed on top of existing asphalt were used for >_ speed reduction along the avenue. Los Alamos Road Bridge Widening,Murrieta,California.City of Murrieta.Design Engineer.Designed traffic a signals that lead in and out of the 1-215 and Los Alamos Road.Create turning movement scenarios to comply with M AASHTO standard commercial vehicle turns from onramps and off-ramps. d S.R.134 Sound Walls Design-Build,Glendale,California.City of Glendale.Design Engineer.Responsible for modifyingthe communication system routing plans,designing the new electrical and sign illumination plan,sign and co striping plans for the proposed sound wall construction along Glendale freeway(S.R.134). m Ontario-West Haven Grade Separation,Ontario,California.City of Ontario.Design Engineer.Responsible for a developing striping signal,stage construction and communication plans. >_ a Octavio Hernandez,P.E. Packet Pg. 133 10.c We Make a Difference INTERNATIONAL ,o m Richard D. Hendrickson Years with Michael Baker:20 Years with Other Firms: 1 GIS, MAPS 6 DATA COLLECTION L Degrees General Qualifications B.A.,1998,Environmental Studies, University of California,Santa m Mr.Hendrickson specializes in GIS Web Programming and Project Barbara Management.He has experience working with and managing Geographic Information Systems(GIS)projects for the utility industry,municipalities, Licenses/Certifications and governmental agencies.He has designed and developed web-based interactive project viewers.Mr.Hendrickson has experience in creating and representing data for online interactive maps utilizing ArcSDE and ArcGIS server software.Mr.Hendrickson has a wide range of experience utilizing various systems including AutoCAD,ArcGIS,Arclnfo,and Oracle,SQL Server, SDE,Silverlight and other web technologies. E d L Experience a SPACECORE,San Diego County,California,SANDAG. Project Manager Michael Baker is providing development ti and implementation services for the new SPACECORE data model.The client is responsible for maintaining a complex parcel-based dataset called LANDCORE.LANDCORE supports both planning and mapping activities and is C14 also used as input for various modeling programs.It has been determined that LANDCORE is no longer a sufficient data model and tool to support the new modeling framework.The proposed new data model has been named E SPACECORE.Ideally,SPACECORE will fill in the data gaps where LANDCORE is lacking,allowing for new planning models to run completely and more effectively. a P-888 Close Quarter Combat Training Facility and Dynamic Shooting Range,Camp Michael Monsoor,Pine ' Valley,California.RJCArchitects GIT Analyst. Responsible for GIS technology. Michael Baker prepared a request c for proposals(RFP)for design-build construction of a two-story,15,000-square-foot close quarter combat facility,a CL 0 fully baffled dynamic and known distance rifle range,and four known distance pistol ranges.Unique aspects of the a close quarter combat facility included multiple entry points,multiple rooms and hallways,internal and external stairwells,and multiple de-confliction points.The building included concrete and masonry,concrete slab on grade, °' E lighting,and interior wall with ballistic steel wall panels.Other significant facility features included breachable y doorways and select walls and repelling capable fixtures/features.The project included a fully baffled exterior 50- y meter rifle range and four separate exterior pistol ranges of 25 to 50 meters in length.The exterior ranges included Q berms,range lighting,and shade structures.The design package included a site development plan,site utility plan, topographic survey,utility assessment report,building floor plans and schematic elevations,and geotechnical 2M J report to include a well feasibility report.Paving and site improvements included excavation and grading area,and importing additional structural fill.Utilities included electrical,exterior lighting,and water. L co Port of San Diego GIS Consulting,San Diego,California.PortofSanDiego. Project Manager. Responsible for m GIS technology. Michael Baker assisted the client in its requisite municipal stormwater permit compliance through the development of a fully-integrated relational database management system.The system streamlines the data (L collection and input process for client staff and enhances data management and reporting functions.Michael Baker provided new database components,as-needed stormwater compliance support,and technology and GIS 4) consulting. E a MBAKERINTL.COM Packet Pg. 134 10.c Michael Baker PA V e 1 INTERNATIONAL ,0 m Mohave County Floodplain Mapping On-Call,Mohave County,Arizona.Mohave CountyFloodControl District. GIT Manager. Responsible for database design and creation in addition to developing a web mapping ° application.ArcGIS Collector was used by engineers to collect storm drain information in the field.The data was collected live and sent directly to the Michael Baker servers.A custom web mapping application was developed to +; view the results of the effort as well as corresponding photos. Michael Baker completed a large Zone A floodplain re-delineation study in the Golden Valley area and managed public outreach in support of new Federal Emergency Y Management Agency(FEMA)Digital Flood Insurance Rate Maps(DFIRM)for three areas in Mohave County. 0 m Ahwatukee Foothills ADMS,Phoenix,Arizona. TYLin International GIT Associate. Responsible for database design and creation in addition to developing a web mapping application.ArcGIS Collector was used by engineers to 2 collect storm drain information in the field.The data was collected live and sent directly to the Michael Baker servers.A custom web mapping application was developed to view the results of the effort as well as corresponding photos. Michael Baker assisted in data collection,model development,and model quality control (QC)for approximately 35 square miles for the Area Drainage Master Study(ADMS).The study quantified the extent of flooding and developed tool sets to guide the formulation and evaluation of future flood mitigation d alternatives using 2D hydrology and hydraulics(H&H).An innovative GIS/cloud-based field data collection approach L was used to efficiently incorporate over 350 hydraulic structures into the FLO-21)models in less than two weeks Q with real-time team member viewing and access.This study has been hailed by client as one of the most successful c, in recent times. ti Camino Del Mar Streetscape Village Specific Plan,Del Mar,California. CityofDelMar. GIT N Analyst. Responsible for GIS technology. Michael Baker provided engineering design for this new facility,which will provide approximately 20,000 square feet of classrooms and medical office space.Michael Baker developed a E demolition plan,grading and drainage plans,fire site plan and wet utility plans.The team performed hydrology calculations and provided stormwater treatment design.Half of the building is to be built into a 2:1 hillside.The a challenges presented by the hillside and plaza required innovative design to adequately treat and convey stormwater.Michael Baker also prepared a Stormwater Pollution Prevention Plan(SWPPP)for the project,serving y as the project's Qualified SWPPP Developer to meet requirements of the Construction General Permit. 00 CL0 L Transportation Project Prioritization Study and Regional Arterial Cost Estimate Update,Coachella Valley, a California. Coachella Valle yAssociationofGovernments(CVAGJ. GITAnalyst. ResponsibilitiesincludedGIStask Q management.GIS data was created and used for analyzing existing conditions and displaying study results. Michael E Baker provided services for the Transportation Project Prioritization Study(TPPS)and Regional Arterial Cost d Estimates(RACE)2010 updates,Active Transportation Plan(ATP),and Transportation Uniform Mitigation Fee y (TUMF)Nexus Study.The project includes a ranking system for evaluating the need for improvements and is useful a as a monitoring program that will allow the client to address changing conditions of their arterial road system over time.Michael Baker's team identified all of the potential projects through the entire study area,determined if they were considered regionally significant,and are positioned to include them in the TUMF calculations to act as a new m potential funding source for these projects. co Citywide Sewer and Water Atlas Conversion and Automated Mapping GIS Development Project,Santa m Barbara,California. City ofSantaBarbara. GITAnalyst. Responsiblefor GIS technology. Michael Baker provided GIS services fora large-scale GIS conversion and implementation project.The project was a 24-month effort a requiring the expertise of Michael Baker personnel from multiple offices.The project involved the conversion of over 300 sheets of sewer and water utilities,included the GPS location and mapping of 15,600 facility locations,and E covered over 26 square miles.To help map such a large number of water and sewer facility points in the short time allotted for the initial facility location portion of the job,Michael Baker utilized a differential Global Positioning a Richard D.Hendrickson Packet Pg. 135 10.c Michael Baket l `e Make a Difference Terence INTERNATIONAL 0 m Systems(GPS)strategy to expedite the project survey.The project strategy involved the use of preprogrammed GPS receivers to save critical time and money in the facility location phase of the project and maintain the project's schedule. c L d Riverside County Integrated Project(RCIP),Riverside County,California. County ofRiverside Transportation S Department. GIT Technician. Served as a geographic information system(GIS)and computer-aided drafting and design(CADD)technician responsible for coordinating with the project manager on updates for the area plan maps. m Was responsible for analysis and comprehension of documents,modification and conversion of data into GIS maps using ArcView;Arclnfo,now known as ArcGIS for Desktop Advanced;and Autocad14.Developed a procedural handout.Performed a quality assurance,quality control review of the final document.Also assisted in creating 2 documents for client review and final delivery. Michael Baker provided engineering services for the Riverside County Integrated Project(RCIP).The RCIP was a comprehensive three-part program to identify solutions to the planning,conservation,and transportation needs of county residents.The program included the identification of transportation corridors that can be planned to address congestion problems and meet the county's future ami transportation and transit needs.The RCIP incorporated public opinion and input from a variety of stakeholders, d including environmental organizations,business associations,and property owners,the Riverside County L Transportation Commission,and state and federal regulatory agencies.One of the projects under this program was Q the development of a new transportation corridor between Orange County and Riverside County,for which Michael c, Baker provided the preliminary design. ti U) CCTV Inspection and Condition Assessment of CMP Storm Drain Pipe,Chula Vista,California.CityofChula N Vista Planning&Bldg.Dept. GIT Specialist. Responsible for program development,coordination of work,GIS d development,oversight of field crews,development of custom project database,and project reports. Michael E Baker provided consultant services to the City of Chula Vista for the inspection and condition assessment of their CMP storm drains.An increasing concern over the high rate of failure of these lines during rain events prompted the a city to take a proactive approach to improving its storm drain system.The storm drains inspected ranged in diameter from 8 inches to 180 inches.The pipelines and access structures were located in streets,open space,and easements on private property. 0 0 Avalon GIS Web Site. CityofAvalon. GIT Specialist. Responsible for developing an Internet-based interactive a map for use by City engineers and planners.The web map allows engineers to view sewer pipes and related data as d well as to view CCTV inspection videos streamed over the web.The map allows planners to view parcel data,create E buffers and generate mailing labels for notifications and other planning related tasks. d U) U) a 2M J d d L co Cm C a d E a Richard D.Hendrickson Packet Pg. 136 10.c We Make o Difference INTERNATIONAL o w m Robert D. Stark, AICP0 Years with Michael Baker:5 0 Years with Other Firms: 15 Associate Vice President Degrees General Qualifications M.C.R.P.,City and Regional Y Planning,California State m Mr.Stark has many years of experience in the preparation and Polytechnic University management of environmental review documents pursuant to the California Environmental Quality Act(CEQA)and the National B.A.,Urban Studies and Planning, Environmental Policy Act(NEPA).His expertise in guiding high profile and University of California,San Diego controversialj roects through the rigors of state and federal P g g Licenses/Certifications environmental review and permitting processes has made him a valued advisor to public agencies throughout California.His broad base of American Institute of Certified knowledge ranges from air quality,noise,and traffic analysis to habitat Planners,2000 E restoration and climate change.Mr.Stark has successfully managed more L than 20 on-call CEQA contracts with agencies throughout Southern Q California,including San Diego County.Mr.Stark is a member of the American Institute of Certified Planners(Al CP) Q; and created the curriculum for the UCSD Extension CEQA Course which he has instructed for the past 10 years. ti Experience C14 On-Call Planning Services. CityofEastvale. Project Manager. Responsible for project oversight.Michael Baker E provided comprehensive planning services for this recently incorporated City in western Riverside County.Michael Baker served as the City's planning staff,providing current and advance planning processing,counter staffing, Planning Commission meeting facilitation;plan review;staff reports preparation;CEQA compliance and review; a tribal consultation in accordance with SB18 and AB52;Western Riverside County Regional Conservation Authority (RCA)coordination for their Multiple Species Habitat Conservation Plan(MSHCP);and special project work,such as c preparation of the City's Economic Development website. c L a Hyatt Place Hotel/Paseo Colorado Revitalization Project IS/MND,Pasadena,California. Cityof Pasadena. Project Manager. Served as CEQA advisor to the City of Pasadena on an as-needed basis.Projects Q E included preparation of an Initial Study and Mitigated Negative Declaration for the revitalization of the Paseo y Colorado shopping and entertainment center(the Paseo).Located at the heart of the Colorado Boulevard corridor in the City's downtown,the project includes a new 179-room Hyatt hotel,restaurant and retail spaces,and 100 new Q condominium units.Michael Baker prepared an Initial Study/Mitigated Negative Declaration(IS/MND)for the revitalization of the Paseo Colorado shopping and entertainment center(the Paseo).The project would demolish an 2M J existing Macy's building and reconfigure the central pedestrian mall to include a new 179-room Hyatt hotel, restaurant and retail spaces,and 100 new condominium units. L co As-Needed Environmental Planning Services,California. CityofEastvale. Project Manager. Served as the City's m CEQA reviewer responsible for reviewing all consultant work product as an extension of City staff to ensure legal defensibility of documents.Mr.Stark worked in coordination with the City's Planning Director and the City Attorney a to review such things as feasibility and appropriateness of mitigation measures,alternatives,consistency with City CEQA Guidelines,and other requirements dictated by case law and legislative changes.Michael Baker has provided 4) comprehensive as-needed environmental planning services to the city since the city's incorporation in 2010.Michael 0 a MBAKERINTL.COM Packet Pg. 137 10.c r E =; =M2 , We Make a Difference INTERNATIONAL ,0 m Baker's services include determining the appropriate scope of environmental review and preparing and processing environmental documents ranging from exemptions through environmental impact reports. ° Vista General Plan 2030 Update Program EIR. Cityof Vista.Project Manager.Oversaw preparation of the EIR for a comprehensive update to the City's General Plan.The program EIR thoroughly covers all of the salient planning and environmental issues,including a detailed impact analysis related to climate change and greenhouse gas(GHG) d emissions.Other notable areas of evaluation include the plan's potential effect on water supply,air quality, m transportation,biological resources,cultural resources,noise,land use and planning,population and housing, hazards and hazardous materials,hydrology and water quality,aesthetics and community character,and delivery of public services and utilities. 2 Los Angeles Bridge Rehabilitation IS/EA.Parsons Transportation Group.Project Manager.Managed the preparation of environmental documents for the rehabilitation of the following historic bridges spanning the 110 freeway between downtown Los Angeles and Pasadena:York Boulevard Bridge,Avenue 60 Bridge,Avenue 43 d Bridge,and Avenue 26 Bridge(each bridge crosses the Arroyo Seco Channel).An IS was completed to satisfy the E requirements of CEQA and an EA prepared to meet the requirements of NEPA.The NEPA portion of the L environmental documentation was performed to satisfy Federal Highway Administration guidelines and the a requirements of Section 106(Historical Architectural Survey Report,Historic Resources Evaluation Report, Historic Property Survey Report for Cultural Resources,and Section 4(f)Evaluation)of the National Historic ti Preservation Act for the project. N Santa Monica Boulevard Transit Parkway Project EA/EIR. CityofLosAngeies Noise Technical Director. Conducted a comprehensive noise analysis as part of this project,and assisted in the development of proposed E mitigation measures to combat construction noise impacts.Work included taking more than 100 field noise measurements with state-of-the-art instruments along the approximately 3.5-mile corridor.Field measurements were then used as the baseline to construct a three-dimensional computer model of the existing noise environment a along the boulevard.Projected future traffic and circulation characteristics were inserted into the model along with @ the future form of physical environment to generate projections of future noise levels along the corridor after Q implementation of the project.The results of the model provided the basis for developing strategic noise mitigation o measures,which targeted noise hot spots along the corridor. a Central City Arterial High Occupancy Vehicle(HOV)Feasibility Study. City ofLosAngeles.Project Manager. E Managed a multidisciplinary team examining the feasibility of HOV routes through or around downtown Los vyi Angeles.While traffic engineers on the team identified potential routes based on performance standards such as y travel time savings,capacity,and level of service,Mr.Stark screened each of the proposed routes for a environmental constraints and fatal flaws. J� M J Alameda Corridor,Alameda Corridor-East Environmental Review,Los Angeles.East Construction Authority. Project Manager.Managed environmental compliance under CEQA and NEPA for a series of railroad grade L separations constitutingthe Alameda Corridor-East rail project.As a consultant to the Authority,Mr.Stark was co tasked with overseeing document preparation,public noticing,and mitigation monitoring.He also coordinated review and input from many local,state,and federal agencies,including Caltrans and the Federal Highway Administration. a d E a Robert D.Stark,AICP Packet Pg. 138 Iox Michael Baker � L O W C O C L d C 94 L m d 2 C Q E Q d - L Q Q� ti ti N Q E t V _ rr Q O Q O L CL Q E Q Q m J Q d L Co Cm C CL Q E ca Q Packet Pg. 139 10.c p p L B O O N O SOH 000 N N O M FN ^ O a OO ' Vf O oo^ O M iD of ri a +^ 00 N ao q N .-i ^ ti •-• .y M N W b~q a"}aN►w �*40,M y m v 0 'p +0• o $ o o $ N t v - voa w w w w w w w w w Gw N K � Q L d ¢ 0 0 O 0 0ID 0 D O O O O O F CO M 1.l1 L!1 M N C3 M O t ^ t0 Ql m Ot n n R y1 00 N tD 11 4f� r O b�4 b~4 VST a'A b9 bN4 b4 YN?bNH ��W 4.R �•/� W pp O r N 2 C A Q M f�V M M O OOO N t� d �� d p S N v v ao ao a0 ,Ny L Ol H H Q� Y = M N N V I Q W N Q o rmti m $ v N c w � V Q � W � 0 C. 0 d N N w N N W Vhf C VO W O E NCT 4j •� C M A V N N N N N R 1° J d +, d d A c \ +L+ J o r Co Z t d� N v Tv c O' A 01 a a v m �, c i v E 1 Ch J E « ¢ ¢ A s o o E Y a o o a � Yeo E � J d •n d' •C 5 a an E E _c 'a C1 C L+i \ c v Z u :° � ",0/, c c wla- f4 W d D ` ii in O �n J—v w v`�i a w V F ~f C Y - N N M - N N M V V1 - •-'� N M N N M i IQ F r1 N n1 eV fV tV �"'i M M M V •�T R H Packet Pg. 140 11.a t� w 4� Consent Calendar w V - = City of San Bernardino Request for Council Action cor- aM .y Date: October 17, 2018 0 S To: Honorable Mayor and City Council Members Q From: Andrea M. Miller, City Manager By: Trish Rhay, Director of Public Works c Alex Qishta, Deputy Director of Public Works/City Engineer 4- Subject: Subject: Agreement with KOA Corporation for Engineering Design c Services for Traffic Signal ImprovementsCL 0 U Recommendation 0 Authorize the award of a Consultant Services Agreement with KOA Corporation for Engineering Design Services for three (3) traffic signals: (TC19-005), (TC19-006) & (TC19-007), and two (2) traffic signal interconnect/communication systems: (TC19-012) & (TC19-013), and authorize the Director of Finance to issue a purchase order in the Q amount of$80,090. L Background The existing traffic signals are antiquated and require a complete redesign to upgrade ti intersection locations to current traffic signal standards. The project will also require redesigning of missing interconnect conduits and cables for the above mentioned two street segment locations. 0 a LU W This project consists of designing traffic signal improvements for the following three (3) locations: Q 0 1. 9t" Street at Medical Center 2. Del Rosa Avenue at Date Place 3. Highland Avenue at Patton State Hospital 06 This project will also design traffic signal interconnects and communication systems at 2M the following two (2) locations: co a 0 1. Baseline Street and Sierra Way to Windsor Drive (Approximately 4800 LF) Y 2. Highland Avenue and Sierra way to Golden Avenue (Approximately 1.37 (L Miles) E 10/10/2018 3:34 PM Packet Pg. 141 11.a 0 These projects are included in the FY 2018/19 Capital Improvement Program which was approved by the Mayor and City Council on June 20, 2018. 2 I- 0 0 W Discussion W Q On July 30, 2018, a Request for Proposal (RFP) was sent to fourteen consultants who had previously indicated an interest in receiving solicitations for this type of work. The y RFP was made public and available on the City's website under "Request for Bids". On r August 30, 2018, a total of four proposals were received and reviewed by a panel of U) staff members using the City's standard rating system. Proposals were submitted by o the following firms: I S Q Firm Location Fee r_ KOA Corporation Ontario $80,090.00 c 0 r_ 0 Minagar & Associates Laguna Hills $152,678.00 2 0 Engineering Resources of Southern California Redlands $159,001 .50 O Iteris San Bernardino $184,542.00 3 Q Staff made the determination based on the proposal content and the level of work Q needed for these projects. The highest rated firm, KOA Corporation, received superior ratings in the areas of related experience, adequacy of staff, completion schedule, a depth of understanding of the project and best design approach. KOA Corporation has co extensive experience and has successfully completed projects for the City, such as design of traffic signals and engineering plans. 0 Design is expected to be completed in April 2019. Construction is expected to begin in w July 2019 and to be completed by December 2019. The project is aligned with the work plan that the Council approved. 2018-2019 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City, as it will contribute to well-maintained streets for sustained economic growth. 2M �n a 0 a E a Packet Pg. 142 11.a Fiscal Impact A Total of $185,000 has been allocated in the FY 2018/19 Budget for these five 2 projects. w W Q Amount Account No. Project $20,250 263-160-8677-5011 9 Street at Medical Center y $15,570 263-160-8677-5011 Del Rosa Avenue at Date Place $18,150 263-160-8677-5011 Highland Avenue at Patton State Hospital $12,005 263-160-8677-5011 Baseline Street, Sierra Way to Windsor Drive $14,115 263-160-8677-5011 Highland Avenue, Sierra way to Golden Avenue Q Q This project will be completed at a savings of greater than $100,000 from the project , estimate included in the adopted Capital Improvement Plan. w L 0 W Conclusion r_ 0 It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the award of a Consultant Services Agreement with KOA 0 CL Corporation for Engineering Design Services for three (3) traffic signals: (TC19-005), 0 (TC19-006) & (TC19-007), and two (2) traffic signal interconnect/communication a systems: (TC19-012) & (TC19-013), and authorize the Director of Finance to issue a Y purchase order in the amount of$80,090. Attachments Attachment 1 Vicinity Maps E Attachment 2 Agreement L Attachment 3 KOA Proposal 0 00 ti Ward: 1,2,4,5,6 Synopsis of Previous Council Actions: O a LU 06-20-2018 Resolution No. 2018-189 approving Capital Improvement Program FY 2018/19 vi Q 0 L Q Cd 2M Q O Y a. Q E V Q 10/11/2018 10:34 AM Packet Pg. 143 11.b VICINITY MAP 27, w Q 0 171 OLocation of Proposed Traffic Signal Upgrade Q LU L 0 Anne d ` � � °Po Shirrells Park Q EI Super W 13th 5[ r_ v w 131h St Yp n — 0 n n < Reece St y N Reece St n n m to L W Base Line S[ W Base Line St W Base Line S[ W Base Line St p Z zy z Q g W Orange& L _ ,0 ° w 11th St A w IISh st U H S Arroyo Val ley Q N a = IN olive st w oat<n st Q High School Y I Senior Housing ALESSANDRO Encanto Park : W W,519th St W 9th St W 9th st Z 0 W Union St LAS PLAZA E CARVEDALE z m warns wall)st z = wars i vine S<w Q Ramona-Alessandro t1 d Elementary Y IN 71h st w 7111 st =. Q = r La Plaza Park 00ti d Q v� W 61 Sl ? W61h 51 r 2 y t7mnitransQ Sorocestw Q I vtlP lW 5th St W Sth St W Sib St v to Q 9th Street and Medical Center Intersection Q 0 L d N No Scale �$WNwRNO 2 O xi 9tre1 Q O Q 9t" Street & Medical Center Drive a. Proposed Traffic Signal Upgrade TC19-005 CITY OF SAN BERNARDINO E PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION a TRAFFIC ENGINEERING SECTION Date: 7/30/18 Packet Pg. 144 11.b VICINITY MAP 2M W Q 0 Im S 0 r- Location of Proposed Traffic Signal Upgrade Q o - O - 4- Marshall Marshall Blvd O Eval Ntar Dr Littletons Mobile N Rd a N. Home Park m O j Oelhorte or " H o w n 'y Z z Q E Lynwood Dr E Lynwood Orpet Vallejo Z E Lynwood Or p r Middle School Avalon Ave O n d a s 0 Holly Visla Blvd 'Foothill Fwy > Q Holly vista 11, Del Vallejo curusslE t MartinPark y = A.Mauch k � Lynwood G f Aquinas High School 9 s Basins 29th St E 28th Si E X q EDate SYO et °atesYE d O Errs st PAi Z'0 Barton Elementary i Hunt Elementary School P o School Q 2611,Sr E 25th St m 26th St 26th Si Q z E 25th St p > ' 3 Pumala5lE = P-1.s'E Target Q Tuscany Apartments Q 1-5 59{ _ y Orchld Or Orchid Or o rLn � n H E Highland Ave E Highland Ave McDonald's E Highland Ave • Fh, Highland Plazt 1 d E t v Del Rosa Avenue and Date Place Intersection Q CL O N No Scale 06 2MNARD�NO Del Rosa Avenue & Date Place �G`VOED IN 1910 Proposed Traffic Signal Upgrade a (TC19-006) CITY OF SAN BERNARDINO E PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Q TRAFFIC ENGINEERING SECTION Date: 7/30/18 11 Packet Pg. 145 01 11.b VICINITY MAP 2M w Q 0 Im OLocation of Proposed Traffic Signal Upgrade LU L Citrus St E 'a = u E Mirada Rd ¢' FCSry�s Mirada St 'S < Z E '� 0 � G L Date stE AMBER HILLS © CL a .o. L U WEST The Department of© z m o�,aP��far Q D HIGHLANDS State Hospitals-Patton Purraia St EAurnalo St w g a V� Orchid Or = S 23rd St o prch-d hr E m` •3 o Applebee's Gril IVY E Highland Ave P A T T O N O E Highland Ave z E Highland Ave a Food 4 Less Q a 3 d A d <Heights F y ztisr st `m 20th Sc 00160 victoriaVillageo = 7ahSt 2010' Valencia Lea Adult Q vEmmerton Ryyy Apartments Rainhowin Mobile Home Elementary School G Marlin A-Matich Hwy Atlantic Ave 00 21p �„ M Alar Sr nr�' SAN ANDREAS 17th 5t i Nona Ave ++ QSan Bernardino 5 Highland Pacific Soccer Complex r Elementary School d F Pacific St Pacific St r V Q Highland Avenue and Patton State Hospital Intersection Q M Q 0 L d N 06 No Scale N M NARDat�NO O Highland Avenue & Patton State Hospital a. Proposed Traffic Signal Upgrade CITY OF SAN BERNARDINO (TC19-007) PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Q TRAFFIC ENGINEERING SECTION Date: 7/30/18 Packet Pg. 146 01 11.b VICINITY MAP tM W Q 0 tm S Location of Proposed Traffic Signal Interconnect Project (4,800 feet) Q argo BankZ m Denny's W W W Highland Ave < E Highland Ave ;; ;} 0 Dignity Health- z Z z z n z o r K St.Bernardine Medicat... p g q v Perris Hill Park f E21MSt E21stSt L mzCL n ' E E 201h St n E 20th St 0 E 19th 51 m E 19th S< V '3 z n St K 781h St x W 17th S1 E 17th St E 17th Sr n moo. E Trcntorl St Pacific High School Q 3 161h 5t W 16th St E 16th St E 16th Si P E R R I S H I L L S Pacific St Pacific! Z a z z :Em �,a 1 E E—� St Q S a is Are E Gilbert Sl s p n n a1 & n Q n n California Department - 0 s of Motor Vehicles o & o a o 00 E Wabash W 13th$1 E 13th$[ C o r Q W Base Line Stine St t z z z z g z sm w m V y > Df 4° H A monfr r1tc1 C Z O A Q 1 Q Base Line Street, Sierra Way to Windsor Drive Roadway Segment 0 N No Scale 06 w M 2MNARD�NO Base Line Street, between Sierra Way & Windsor Drive - Proposed 4,800 feet of Traffic 1910 ffic a VOED I Signal Interconnect (TC19-013) CITY OF SAN BERNARDINO E PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Q TRAFFIC ENGINEERING SECTION Date: 7/30/18 11 Packet Pg. 147 01 11.b VICINITY MAP tM W Q 0 tm :_ Location of Proposed Traffic Signal Interconnect Project (1.37 Miles) LU E Lynwood Dr E Lynwood Dr h� 5 n w t a E 30th St `m z zlo 210 0 zFaoYhilf F 210 Holly Vista SINd +� to E 29th 5[ Z wy 0 O w y CL S z a A E counhy cmt d r Mart+n A.Mat. a Lynwood a i mn a xtnn St P Basins �`� '3 28th S1 r V pWILSON H I 3 D z E Date St O W 271h St E 271h St y E 27th St Y Hunt Elementary SOW Q 25th St n 261h St E 25th St .� W 25th Si E 25th 51 n m E 25th Sl y PU..I.SI E _ '2f y Drchid Dr E 18 ° a o $ m m d argo Bank© = A Denny's 4 A z i W Highland Ave _ E Highland Ave IV a o p 9 St,Bemardine Medical... - z Perris Hill Park 00 m E21stSt E21StSt r S= d Highland Avenue, Sierra Way to Golden Avenue Roadway Segment E 0 a sz 0 N L No Scale to �01NARE Highland Avenue, between Sierra Way & Y Golden Avenue - Proposed 1 .37 miles of a �G`VOED IN 190 Traffic Signal Interconnect CITY OF SAN BERNARDINO (TC 19-012) E PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION a TRAFFIC ENGINEERING SECTION 11 Date: 7/30/18 Packet Pg. 148 11.c ATTACHMENT 2 AGREEMENT TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES FOR 0 TRAFFIC SIGNAL AT a 9TH ST AT MEDICAL CENTER(TC19-005) a, DEL ROSA AVE AT DATE PL (TC19-006) HIGHLAND AVE AT PATTON STATE HOSPITAL (TC19-007) at c AND w L TRAFFIC SIGNAL INTERCONNECT SYSTEM AT 0 HIGHLAND AVE, SIERRA WY TO GOLDEN AVE (TC19-012) BASELINE ST, SIERRA WAY TO WINDSOR DR(TC19-013) c 0. L 0 U THIS AGREEMENT is made and entered into this day of 0 2018 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KOA Corporation ("Consultant"). WITNESSETH : d d A. WHEREAS, City proposes to have Consultant Provide Civil Engineering Design a Services for the design of Traffic signals at the following three (3) intersection locations: 1. 9th Street at Medical Center co ti 2. Del Rosa Ave at Date Place Fk 3. Highland Avenue at Patton State Hospital N d And for the design of Traffic Signal Interconnect System at the following two (2) roadway segment locations: 1. Base Line Street, Sierra Way to Windsor Drive 2. Highland Avenue, Sierra Way to Golden Avenue d E (TC 19-005, TC 19-006, TC 19-007, TC 19-12 & TC 19-013) as described herein below; and L Q B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and 0 L C. WHEREAS, City and Consultant desire to contract for specific services in connection c with the project described below (the "Project") and desire to set forth their rights, duties and 06 liabilities in connection with the services to be performed; and W CU r- aM D. WHEREAS, no official or employee of City has a financial interest, within the in provisions of California Government Code, Sections 1090-1092, in the subject matter of this a O Agreement. Y a. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1 Packet Pg. 149 11.c ATTACHMENT 2 1.0. SERVICES PROVIDED BY CONSULTANT 0 N a� 1.1. Scope of Services. Consultant shall provide Civil Engineering Design a, Services for the design of traffic signals and Traffic Signal Interconnect Systems as described above in accordance with Consultant's proposal dated August 30, 2018, attached and incorporated herein as Attachment"1". w L 1.2. Professional Practices. All professional and contracting services to be w provided by Consultant pursuant to this Agreement shall be provided by personnel c experienced in their respective fields and in a manner consistent with the standards of care, 2 diligence and skill ordinarily exercised by professional consultants in similar fields and Q. L circumstances in accordance with sound professional practices. Consultant also warrants C U that it is familiar with all laws that may affect its performance of this Agreement and shall a advise City of any changes in any laws that may affect Consultant's performance of this Y Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws E including, but not limited to, those laws related to minimum hours and wages; occupational 2) health and safety; fair employment and employment practices; workers' compensation Q insurance and safety in employment; and all other Federal, State and local laws and CD ordinances applicable to the services required under this Agreement. Consultant shall Fk indemnify, defend, and hold harmless City from and against all claims, demands, payments, N suits, actions, proceedings, and judgments of every nature and description including a attorneys' fees and costs, presented, brought, or recovered against City for, or on account of E any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. a 1.4. Non-discrimination. In performing this Agreement, Consultant shall not d engage in, nor permit its agents to engage in, discrimination in employment of persons d because of their race, religion, color, national origin, ancestry, age, physical handicap, a, medical condition, marital status, sexual gender or sexual orientation, or any other category a protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 0 L d 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into r_ agreements with other Consultants for services similar to the services that are subject to this U) Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 2M in 1.6. Delegation and Assignment. This is a personal service contract, and the duties Y set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. a Q 1.7. Business License: The Consultant shall obtain and maintain a valid City E Business Registration Certificate during the term of this Agreement. a 2 Packet Pg. 150 11.c ATTACHMENT 2 1.8. Du1y of Loamy/Conflict of Interest: The Consultant understands and agrees o that as the City's representative the Consultant shall maintain a fiduciary duty and a duty of a, loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of c interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. w L O W 1.8.1 Prior to performing any services to City under this Agreement, Consultant c shall provide the City Engineer a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in Q. L which Consultant has any ownership interest, or which is the location of any pending project C U that is a source of income for Consultant. Consultant shall keep this list current on a monthly a basis during the entire term of this Agreement. Y 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or a which is the location of any pending project that is a source of income for Consultant. E d L 2.0. COMPENSATION AND BILLING a 0 co 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for Fk such services the fixed amount of $80,090.00 in accordance with the Bid Proposal from N Consultant contained in said Attachment"Y'. as E 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the City or a its Project Manager for this Project, prior to Consultant performing the additional services, , approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and 4) are unenforceable. a, 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole 0 satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date ; City receives said invoice. Each invoice shall describe in detail, the services performed and r_ the associated time for completion. Any additional services approved and performed 6 pursuant to this Agreement shall be designated as "Additional Services" and shall identify CU the number of the authorized change order,where applicable, on all invoices. 2M in 2.4. Records and Audits. Records of Consultant's services relating to this Y Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager and/or audit at mutually a convenient times for a period of three (3) years from the Effective Date. a E 3 Packet Pg. 151 11.c ATTACHMENT 2 3.0. TIME OF PERFORMANCE N a� 3.1. Commencement and Completion of Work. The obligation to perform the a, professional and contracting services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by the City's Project Manager. Failure to commence work in a timely manner and/or diligently pursue w L work to completion may be grounds for termination of this Agreement. c 0 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 2 performance resulting from acts beyond the reasonable control of the party or parties. Such Q. L acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, C U compliance with laws or regulations, riots, acts of war, or any other conditions beyond the a reasonable control of a party. Y 4.0. TERM AND TERMINATION d 4.1. Term. This Agreement shall commence on the date approved by the City E Manager and continue until the Civil and Traffic Engineering Design Services for the Design 2� of Traffic Signals and Traffic Signal Interconnect Systems, listed above, are completed, a unless previously terminated as provided herein or as otherwise agreed to in writing by the co parties. to N 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work E contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon a receipt of the notice of termination. In the event of such termination, Consultant shall , immediately stop rendering services under this Agreement unless directed otherwise by the City. L 4.3. Compensation. In the event of termination, City shall pay Consultant for a reasonable costs incurred and professional and contracting services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date 0 of termination in accordance with the fees set forth herein. In ascertaining the professional ; and contracting services actually rendered hereunder up to the effective date of termination r- of this Agreement, consideration shall be given to both completed work and work in 6 progress, to complete and incomplete drawings, and to other documents pertaining to the CU services contemplated herein whether delivered to the City or in the possession of the 2M Consultant. y O Y 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, a finished or unfinished design, development and construction documents, data studies, a drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of E termination notice to Consultant, at no cost to City. Any use of uncompleted documents a 4 Packet Pg. 152 11.c ATTACHMENT 2 without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. o 5.0. INSURANCE a� a� E 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: w L O W (a) Comprehensive general liability, including premises-operations, c products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a Q. L policy limit of not less than One Million Dollars ($1,000,000.00), C U combined single limits,per occurrence and aggregate. a O (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. E as L (c) Workers' compensation insurance as required by the State of a California. c co ti to (d) Professional errors and omissions ("E&O") liability insurance with N policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant E shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work a hereunder. , Q 5.2. Endorsements. The comprehensive general liability insurance policy shall Q contain or be endorsed to contain the following provisions: 2 (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." 0 L d (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor r_ the coverage reduced,until thirty (30) days after written notice is given 6 to City." CU aM i (c) Other insurance: "Any other insurance maintained by the City of San a Bernardino shall be excess and not contributing with the insurance Y provided by this policy." a 5.3. Certificates of Insurance. Consultant shall provide to City certificates of a insurance showing the insurance coverages and required endorsements described above, in a E form and content approved by City,prior to performing any services under this Agreement. a 5 Packet Pg. 153 11.c ATTACHMENT 2 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any o way, the indemnification provision contained in this Agreement, or the extent to which a, Consultant may be held responsible for payments of damages to persons or property. E a� E 6.0. GENERAL PROVISIONS LU I- 6.1. 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior c writings and oral negotiations. This Agreement may be modified only in writing, and signed c by the parties in interest at the time of such modification. The terms of this Agreement shall Q. L prevail over any inconsistent provision in any other contract document appurtenant hereto, C U including exhibits to this Agreement. a O Y 6.2. Representatives. The Public Works Director or designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. d L Consultant shall designate a representative for purposes of this Agreement a who shall be authorized to issue all consents, approvals, directives and agreements on behalf co of Consultant called for by this Agreement, except as otherwise expressly provided in this Fk Agreement. cm 6.3. Project Managers. City shall designate a Project Manager to work directly E with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its , agent in all consultations with City during the term of this Agreement. Consultant's Project Manager shall attend and assist in all coordination meetings called by City. L 6.4. Notices. Any notices, documents, correspondence or other communications a concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be c deemed served or delivered: a) at the time of delivery if such communication is sent by 0 personal delivery; b) at the time of transmission if such communication is sent by facsimile; ; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. 6 Ca r_ IF TO CONSULTANT: IF TO CITY: 2M Min Zhou, Deputy CEO Director of Public Works a KOA Corporation 201 North"E" Street Y 2141 W Orangewood Avenue San Bernardino, Ca 92418 a Orange, CA 92868 ; Tel: (714) 573-0317 Tel: 909-384-5140 d Fan: (714) 573-9534 Fax: 909-384-5190 E �a 6 Packet Pg. 154 11.c ATTACHMENT 2 6.5. Attorneys' Fees. In the event that litigation is brought by any party in a� connection with this Agreement, the prevailing party shall be entitled to recover from the o opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the a, prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as"attorneys' fees" for the purposes of this paragraph. w I- 0 O W 6.6. Governing Law. This Agreement shall be governed by and construed under c the laws of the State of California without giving effect to that body of laws pertaining to 12 conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Q. L parties hereto agree that the sole and exclusive venue shall be a court of competent C U jurisdiction located in San Bernardino County, California. a O 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance d shall be void and shall constitute a breach of this Agreement and cause for termination of this E Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by a Consultant hereunder for the term of this Agreement. CD ti to 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, N indemnify and hold harmless City and its elected and appointed officials, officers, and a employees from any and all claims, liabilities, expenses, including attorney fees, damage to E property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of Q or in any way connected with the intentional or negligent acts, errors or omissions of , Consultant, its employees, agents or subcontractors in the performance of this Agreement. a E Q 6.9. Independent Contractor. Consultant is and shall be acting at all times as an a, independent Contractor and not as an employee of City. Consultant shall secure, at its a 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 Consultant and its officers, agents, and employees, and all business licenses, if 0 any are required, in connection with the services to be performed hereunder. ; c 6.10 Ownership of Documents. All findings,reports, documents, information and 6 data including, but not limited to, computer tapes or discs, files and tapes furnished or CU prepared by Consultant or any of its subcontractors in the course of performance of this 2M in Agreement, shall be and remain the sole property of City. Consultant agrees that any such a documents or information shall not be made available to any individual or organization Y without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole a risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including E attorneys' fees, arising out of or resulting from City's use of such documents for other a 7 Packet Pg. 155 11.c ATTACHMENT 2 projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, o data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any a, other Project related items as requested by City or its authorized representative, at no E additional cost to the City. c 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that w L all reports, documents, information and data including, but not limited to, computer tapes, w discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided c to City may be subject to public disclosure as required by the California Public Records Act 2 (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be Q. L those documents or information that qualify as trade secrets, as that term is defined in the C U California Government Code Section 6254.7, and of which Consultant informs City of such a trade secret. The City will endeavor to maintain as confidential all information obtained by it Y that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. E d 6.12. Responsibility for Errors. Consultant shall be responsible for its work and 2� results under this Agreement. Consultant, when requested, shall furnish clarification and/or a explanation as may be required by the City's representative, regarding any services rendered CD under this Agreement at no additional cost to City. In the event that an error or omission Fk attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all N necessary design drawings, estimates and other professional of contracting services necessary a to rectify and correct the matter to the sole satisfaction of City and to participate in any E meeting required with regard to the correction. 6.13. Prohibited Employ. Consultant will not employ any regular employee of , City while this Agreement is in effect. E d 6.14. Order of Precedence. In the event of an inconsistency or conflict in this a, Agreement and any of the attached Exhibits or Attachments, the terms set forth in this a Agreement shall prevail. a� c 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation 0 and negotiation of this Agreement and in the performance of its obligations hereunder except ; as expressly provided herein. 06 6.16. No Third Party Benefici , Rights. This Agreement is entered into for the ca sole benefit of City and Consultant and no other parties are intended to be direct or incidental 2M in beneficiaries of this Agreement and no third party shall have any right in, under or to this a O Agreement. Y 6.17. Headings. Paragraphs and subparagraph headings contained in this a Agreement are included solely for convenience and are not intended to modify, explain or to a be a full or accurate description of the content thereof and shall not in any way affect the E meaning or interpretation of this Agreement. a 8 Packet Pg. 156 11.c ATTACHMENT 2 6.18. Construction. The parties have participated jointly in the negotiation and o drafting of this Agreement. In the event an ambiguity or question of intent or interpretation a, arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. w L 0 W 6.19 Amendments. Only a writing executed by the parties hereto or their respective c successors and assigns may amend this Agreement. 2 0 0. L 6.20. Waiver. The delay or failure of either party at any time to require 0 U performance or compliance by the other of any of its obligations or agreements shall in no a way be deemed a waiver of those rights to require such performance or compliance. No Y waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor E shall any waiver constitute a continuing waiver. a� a 6.21. Severability. If any provision of this Agreement is determined by a court of CD competent jurisdiction to be unenforceable in any circumstance, such determination shall not Fk affect the validity or enforceability of the remaining terms and provisions hereof or of the N offending provision in any other circumstance. d E 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and a shall constitute one agreement. , as 6.23. Corporate Authority. The persons executing this Agreement on behalf of the Q parties hereto warrant that they are duly authorized to execute this Agreement on behalf of a, said parties and that by doing so, the parties hereto are formally bound to the provisions of a this Agreement. a� c 6.24 Damages. The Parties agree to waive any rights to incidental or consequential 0 and punitive damages arising out of performance under this Agreement whether in torts or in ; contracts or in law or in equity. r- 06 7a r- a 0 a. E a 9 Packet Pg. 157 11.c ATTACHMENT 2 AGREEMENT TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES FOR 0 TRAFFIC SIGNAL AT a 9TH ST AT MEDICAL CENTER(TC19-005) a, DEL ROSA AVE AT DATE PL (TC19-006) HIGHLAND AVE AT PATTON STATE HOSPITAL (TC19-007) a� c AND w L TRAFFIC SIGNAL INTERCONNECT SYSTEM AT 0 HIGHLAND AVE, SIERRA WY TO GOLDEN AVE (TC19-012) BASELINE ST, SIERRA WAY TO WINDSOR DR(TC19-013) c 0. L 0 U IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 0 by and through their respective authorized officers, as of the date first above written. Y CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation KOA Corporation d d L Q By ti Andrea M. Miller, City Manager Signature Fk N -W d Min Zhou, Deputes Name and Title a Q as E as as Approved as to form: a vi Gary D Saenz, City Attorney 0 L d r- By 06 �a aM in Q O Y a m E ca Q 10 Packet Pg. 158 11.d m U) Q 0 cm I- Q d Q r- cm r- W L O W r- 0 L O Q L- 0 O U Q O Y t Q E d d L cm Q 0 co ti M Q t V Q N O Q O L a. V Q PROPOSAL o ENVIRONMENTAL AND CIVIL AND TRAFFIC ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNALS AND INTERCONNECT y COMMUNICATION SYSTEMS CITY OF SAN BERNARDINO a E Ko%(vA a AUGUST 30, 2018 Packet Pg. 159 11.d 2141 W.Orangewood Avenue,Orange,CA 92868 T:714.573.0317 1 F:714.573.9534 1 www.koacorp.com MONTEREY PARK ORANGE ONTARIO SAN DIEGO C of N 0 CID L Q Q Dear Mr. Khodr: LU Mahmoud Khodr, PE, PTOE c Traffic Engineer KOA is pleased to submit this proposal to develop timing plans and 0 City of San Bernardino related services for this project. KOA is a leading traffic engineering, civil c engineering, and transportation planning firm. We have four offices in Public Works Department,Traffic L Engineering Section Southern California and 108 staff members. KOA has successfully coordinated 0 201 North "E" Street, 2nd Floor CL traffic signal systems composed of NEMA and Type 170/2070 and ATC traffic c San Bernardino, CA 92401 signal controllers from various vendors.This includes projects with Caltrans v coordination to provide signal timing services for a number of cities. QO Y Mr. Ryan Calad, PE,will serve as the project manager. He is a senior engineer FROM with nearly 15 years of valuable signal timing, operations, and ITS experience. 3 Ms. Min Zhou He has managed multiple traffic signal synchronization projects for KOA that Principal-in-Charge total more than 400 signals and nearly 85 miles of roadway sincejoining in Q mzhou@koacorp.com 2014. Mr. Calad will be supported by experienced staff who have done similar m L T: 714.573.0317 work. Mr.Walter Okitsu, CE,TE, PTO E, PTP,will serve as the QA/QC manager. 6 F: 714.573.9534 He has 37 years of experience in traffic design, including signals of all kinds. a He has timed well over a thousand signals, including work in Pasadena. I, Min oco Zhou, PE,will serve the project as the principal-in-charge. I have 26 years of � n RFP experience in transportation engineering and planning and a solid reputatio Environmental and Civil and for delivering projects on-time and under budget. In addition,I have Traffic Engineering Design successfully managed several large signal timing projects. m Services for Traffic Signals and Interconnect Communication Systems Q Sincerely, KOA o CL DATE ° August 30, 2018 . avi Min Zhou Deputy CEO & Director of OC Operations 0 L d M Q 0 Y (Z Q E V Q Packet Pg. 160 11.d SCOPE OF SERVICES r .y PROJECT UNDERSTANDING KOA Corporation (KOA) recognizes that the success of anyI"� design-related project relies on the skills and experiences of the team members involved in managing the project, understanding key project challenges and providing %"✓ w value, quality work, and responsive service to the City. c _- Our approach to any grant funded project is to maximize _----- 4- the the use of funds for construction and equipment -- o purchases and minimize the design cost. Provided below is KOA's proposed project approach to the scope of work. Q o KEY ISSUES ` V In order to develop a sound project approach, it is Date Place at Del Rosa Ave' -Signal heads, mast arms,signal Q poles will be replaced throughout Y important to understand the project objective and correctly identify project challenges that will be Hiahland Ave at Patton St Hospital encountered during project development.The KOA team Need complete new signal poles/mast arms/luminaires, is extremely familiar with both proposed signal and conduit, wiring, controller/cabinet, electrical. Need new d interconnect project improvements as we assisted the curb ramps, drainage improvements, missing sidewalk, d City in the preparation the Citywide SSARP conducted in and controller cabinet has been hit. L 2017,which KOA inventoried for the City every Signalized °1 intersection. With our prior inventories, we are fully � a aware of these location needs and knowledgeable of \ coo the work that needs to be completed within our projectLO ti scopes of work. Some key issues have been made ,- evident with site photos as shown below. ' .~ EXISTING CONDITION: ``a. Signal System Improvements ; 9th Street at Medical Center Drivc ��. Need complete new signal poles/mast arms/luminaires, conduit,wiring, controller/cabinet, electrical, curb ramps, ^. Q I bi drainage improvements (including new cross gutter), and ql < ,. c pavement is in poor condition. 44 0 PJSH` Highland Ave at Patton St Hospital-Sidewalk conditions will be L - - s F^S" improved upon as part of this project scope otS . Traffic Signal Inter��~~��� _ Highland Avenu, Our field review shows existing 6 Pair/#19 copper 2M interconnect (4-wire FSK) and conduit exists along N 9th St.at Medical Center Dr. -Push buttons will be replaced, Highland Avenue interconnection between signals, Y among other items which has a traffic signal master controller located at Highland Ave/Harrison Street. From this master controller a Date Place at Del Rosa Avenue intersection,there are two wireless radios (Encom 5100 }; Need complete new signal poles/mast arms/luminaires, unit and yagi-uda antennas) and a dial up modem (GDI- aa) conduit,wiring, controller/cabinet, electrical. Curb ramps, SM2400SA) for use in communication with the City Hall E pavement, and drainage look to be in good condition. TMC. N4 to] • to]0 NEEL-_ - CITY OF SAN BERNARDINO Packet Pg. 161 11.d SCOPE OF SERVICES r U) For both interconnect projects, KOA will look to improve reap, existing communications with new signal interconnect L conduit and cable, upgraded network communication m switches, and other ITS devices. Ideally,this project will be able to harness the use of existing legacy communications like twisted pair copper to use for w innovative improvements like use of Ethernet over copper 4° Highland Ave. Interconnect- GDI-SM2400SA dial up rr, r and Internet protocol (IP) networking to help migrate the o the controller cabinet at master intersection(Harrison St.) City to modern communication technology. FaL RnC'PlinP 1'troot CL o SCOPE OF SERVICES Our field review shows existing wireless radios (Encom KOA will provide comprehensive design services, v 5100 unit and yagi-uda antennas) are being used to to prepare and complete all required construction communicate between signals,which has a traffic signal O master controller located at Baseline Street/Waterman documents, including plans, specifications, and cost 1 Avenue. From this master controller intersection,there are estimates for the three Traffic Signal and two corridors _ two wireless radios and a dial up modem (GDI-SM2400SA) interconnect work. Specific tasks will include the 3 for use in communication with the City Hall TMC. following: Q Phase I — Initial Research & Preliminary Design L Plan Task 1 - Project Management and Administration The KOA team will meet with the City to establish Q the design parameters for this project. Under the project management task, KOA will be responsible for r> �. maintaining contact with the City's Project Manager to keep him/her informed of the developments on the E - a project. It is anticipated that a maximum of three in- person meetings will be needed for this project.The following specific subtasks will be performed: a m 1. Management of project team including sub- 0 consultant c J _ �42 2. Development and Agreement on Design Standards a 3. Quality Control of Submittals We will submit an updated schedule within one week of -- o ` receiving the Notice to Proceed.We will estimate two L plan reviews for each submittal,taking three weeks each. j The schedule will be updated at least once per month. — a� „ 2 Task 2 - Dati Review, Field Surveying and Bas( Mapping — Under this main task,the following subtasks will be N performed. KOA will photograph the entire project p area for our use during design, review, and as a pre- Y construction record.A copy of labeled site photographs (L will be provided to the City on CD. }; Baseline Street Interconnect- Controller&cabinet contents at master intersection(Waterman Avenue), including Encom 5100 1) Obtain and Review Existing Documents and Reports E wireless radio unit Research of City records including records of survey, ENVIRONMENTAL •AFOR TRAFFIC SIGNALS AND 3 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 162 11.d SCOPE OF SERVICES r .y corner records, parcel maps,tract maps, right-of-way Phase II - Plans, Specifications & Estimates maps, field notes, etc.These records will show locations Task 4 - Prepare Interim and Final Plans, L of existing centerline and right-of-way monuments Specifications and Estimate Q necessary to show existing street centerline and right-of- KOA will prepare and assemble a set of drawings for this way alignments. project in a bid package format for City review. These w plans will be prepared in 60%, 100% and Final Stages. c Utility research will be conducted and letters will be sent The design plans will be in conformance with the current California to the appropriate utility personnel in order to obtain California Manual of Uniform Traffic Control Devices, W Caltrans standards, and the City of San Bernardino T confirmation regarding the conflicts that will affect standards, including the City's Policies and Procedures °Q the project, and how and when the conflicts will be L and Standard Drawings.All work will conform to the o resolved in the field by the utility company.A summary 0 Americans with Disabilities Act (ADA) requirements. Final memorandum of the research findings, anticipated a conflicts, and relocations or adjustments shall be included plans will be signed and stamped by a California licensed Y Civil and/or Traffic Engineer. in the project design memorandum. 3) Conduct Field Surveys for Control and Mapping Signal Plans will be prepared for the proposed three Project Controls will be established for aerial mapping. intersection improvement.The base plan will show � Field surveys will be conducted for mapping elevations centerlines, right-of-way lines, relevant utilities of record, L against National Mapping Accuracy Standards. This and existing traffic controls. Existing traffic signal poles, a will entail sending field crews to the project area and equipment, notes, and schedules will be inventoried in surveying topographic information to develop one-foot o the field and shown on each base plan contour base maps of the project area. AutoCAD plans . Proposed new ti will be prepared for the purpose of engineering design. or modified facilities will be designed and shown on the drawing to create a complete traffic signal plan. r> Our estimate for the base map is based on surveying +, an area encompassing the existing right of way corridor The traffic signal will include a signing and striping plan d along all of the streets included in the project. sheet showing the type and location of existing and proposed signing and striping, including but not limited to lane striping, cross walks, pavement markings, raise a The survey topography will be submitted in ASCII format pavement markers and any other traffic control devices.. ' on CD-RW and a hard copy plot provided, using AutoCAD Plans will be prepared to encompass all modified striping �'a software. All drawings will be prepared at 1"= 40' scale. improvements in the project limits of the three traffic °L signal improvements, including transition areas as ° Task 3 - Utility Research and Coordinatior a KOA will provide preliminary notification/request letter needed. Striping Plans will show all existing signing and striping and relocation/removal notices to all utility companies in addition to the proposed signing and striping Q that have facilities within the limits of the project. The for the preferred alignment. Signing and Striping plans City shall provide KOA with the required format for the will be submitted in 1" = 40' scale. The signal and signing 0 utility notice in Microsoft Word format. Said notices will and striping plans will conform to the City's Policy, inform the utility company of their need to relocate their Procedures and Standards. The plan set for each of the S facilities prior to construction or to adjust their facilities three signal improvements are anticipated to include: y to grade after completion of the pavement construction. Title sheet (1) If requested by the City, potholing services will be M performed under a supplement agreement. Specific tasks General notes, Legends, &Construction details in will include: sheet (1) QO • Civil Improvements Plans (1-2) Y 1. Coordinate with utility agencies • Signing and Striping Plan (1) a 2. Prepare notices and follow up requests with plans • Intersection signal plan sheets (1) to utility companies Q • Traffic Signal Construction details sheet (1). ° ENVIRONMENTAL •• TRAFFIC SIGNALS AND 7W 4 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 163 11.d SCOPE OF SERVICES r U) Roadway improvements related to the three traffic signal 6. Final Review and Submittal of Roadway, Signal, improvement projects will include: Interconnect, and Striping Plans-One Mylar L set (signed and sealed),two hard copy sets, and m • Pavement Investigation Memorandum AutoCAD Files. • Hydraulic Evaluation Memo 7. Final Specifications-two hard copies and one w • Notice of Intent and Storm Water Pollution electronic copy (Microsoft Word format) 0 Prevention Plan (SWPPP) 8. Final Notice of Intent and SWPPP, including erosion r- 0 • ADA Curb Ramp design control plan-two hard copies. Erosion Control Plan-AutoCAD Files. Notice of Intent provided in 0 Microsoft Word format. L Traffic Signal Interconnect plan will be shown at a scale of 0 9. Final Cost Estimates- Microsoft Excel and Microsoft 1"=40'.The work will provide details for communication a Word formats (one copy each) 0 conduit interconnection (trenching or boring),the siting Y of pull boxes, and terminations at traffic signal cabinets All approved plans will be provided to the City on within the limits of each project corridor. For both compact disk in AutoCAD 2000 or higher format, as well Baseline and Highland corridors, other improvements as on "D" size Mylar. Specifications documents, including d will also be called out necessary for complete project technical specifications, will be provided on digital E communication improvements, like for hardware and medium disks in Microsoft Word format. The Engineers d network equipment upgrades that include, but are Estimate will be provided in Excel format. a not limited to, hardened network switches, upgrades to controllers, communication cards, etc. Detailed 00 communication diagrams will be prepared showing how the proposed communication equipment will connect the traffic signal controllers and ITS equipment, along the proposed routing to the City Hall TMC. A communication diagram will depict how each cable is being used and E connected to the proposed system. Our plans for of the Highland and Baseline interconnect projects will include: a • Title Sheet (1) y • General Notes (1) 00. 0 • New Interconnect Conduit and Communication a Plans (1-2 Sheets) vi • Signal Interconnect Construction Details Sheets (1 Sheet) 0 L Specific task deliverables for the above mentioned plans Q will include: — otS 1. 60% Review and Submittal of Roadway, Signal, Interconnect, and Striping Plans-Two hard copy sets 24"x36" and AutoCAD Files. co 2. Draft Pavement Investigation Memorandum -two p hard copies and pdf. Y 3. Draft Notice of Intent and SWPPP a 4. 60% Specifications 5. 60% Cost Estimates ca ENVIRONMENTAL •AFOR TRAFFIC SIGNALS AND Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 164 11.d KK IDENTIFICATION & AVAILABILITY OF STAFF N The staff matrix below identifies our proposed staff members (key and support). Percentages for the availability of each proposed key staff member are shown following the person's name.. E �L d d • co • • W • �• • O •'• • �• • O Progress Meetings X X X C Development and Agreement on Design X X CLL- Standards Standards O U Quality Control of Submittals X X O t Obtain and Review Existing Documents and X X Reports r� Field Surveys and Observations X X X X Base Map Preparation X X X X X y N •• • X X X L of CD a Traffic Signal Modification Plans, X X X X 00 Specifications,and Estimates r j Signal Interconnect Plans,Specifications, X X X X M and Estimates +� Signing and Striping Plans,Specifications, X X X X X N and Estimates t v 1C Q Task Leader U) O Q O L a 6 a� c c O L d M Q 0 Y a d E ENVIRONMENTAL AND CIVIL AND TRAFFIC ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNALS AND J 6 INTERCONNECT COMMUNICATION CITY OF SAN BERNARDINO Packet Pg. 165 11.d KK TIMELINE 0 �L d d W L O W O L O Q L- 0 O U Q O Y d E d d L Q 0 W ti M -W C N E t V cc 4a y+ Q N O O. O L a U) a� c v c O y v L � N N Cu ° o ° c v E v 4 m 16 N Q Q �'nw p w a O of p v 0 T /L O. V @ °- m @ @ H In N N LL tW t X400V ENVIRONMENTAL AND AND TRAFFIC DESIGN •• TRAFFIC SIGNALS AND I 7 Q INTERCONNECT CITY OF SAN BERNARDINO Packet Pg. 166 11.d KK LIST OF SIMILAR PROJECTS CITY OF AZUSA TRAFFIC MANAGEMENT SYSTEM CLIENT NAME PROFESSIONAL ENGINEERING SERVICES City of Azusa L 213 E. Foothill Boulevard AZUSA, CA Azusa, CA 91702 KOA was selected to provide traffic signal design, centralized traffic control w CONTACT system and monitoring upgrade, construction management and inspection c Daniel Bobadilla, PE services for their ATMS. The project funds are approximately $5.2 million to c provide traffic improvement at total of fifty-two (52) project intersections that Dir. of Public Works/City Engineer o (626) 812-5264 includes installation of intersection signal equipment, detection systems,TMC, 12 ATMS, signal timing, improve street layout at Foothill Boulevard and Alosta dbobadilla@ci.azusa.ca.us Q Avenue, and upgrade curb ramps at project intersections.The project will C YEAR U also replace antiquated controllers and cabinets, install network switches and 2016-Ongoing a routers enabling communication between local field elements and the Traffic 0 Management Center(TMC).The design will provide a new TMC work station, as well as connection to the County IEN network. d CITY OF COACHELLA ST-68 TRAFFIC SIGNAL OWNER NAME SYNCHRONIZATION PROJECT City of Coachella CM 1515 Sixth St COACHELLA, CA a Coachella, CA 92236 0 co KOA is providing ITS and signal design services for the TSSP and ITS Infrastructure Phase I Deployment of the City's ITS Master Plan. The scope CONTACT M includes complete construction documents (PS&E) for controller upgrades, ITS Oscar Espinoza, PE hardware &software upgrades, new 72 single mode fiber optic interconnect Senior Civil Engineer of all City intersections, redundant wireless interconnect and the PS&E to (760) 398-5744 E construct a new Traffic Management Center(TMC). The project will migrate OEspinoza@coachella.org to the new McCain 2070ATC controllers running the Omni Ex program and a Transparity TMC central system software. KOA also provided construction ' inspection of the signal controller,fiber optic cable installation, and the 2015-2017 c construction of the new traffic management center of the project. c L a W a� CITY OF SOUTH PASADENA FAIR OAKS AVENUE HSIP CLIENT NAME SIGNAL/METRO ATMS IMPROVEMENT PROJECT City of South Pasadena SOUTH PASADENA, CA 1414 Mission Street W South Pasadena, CA 91030 r_ KOA is providing ITS design services for traffic signal and interconnect 6 CONTACT improvements for 20 of the City's traffic signals funded through a combination CU Alex Chou of HSIP and Metro grants. The METRO grant funds were used for a multi- CD agency communication improvement effort including Pasadena,Alhambra, Associate Civil Engineer y and LA County Department of Public Works (LACO) who would maintain and AChou@-7244 asadenaCA.gov 0 monitor the City signals at their traffic management center(TMC). The project (626)403-7244 Y provided PS&E for 3.5 miles worth of 48 SMFO, hardened network and hub YEAR a switches for redundant ring topology, controllers,Advanced Dilemma Zone 2016-Ongoing Detection, and other upgrades that connected the City of S. Pasadena traffic d signals and the City of Pasadena directly to LACO TMC. E ENVIRONMENTAL •• TRAFFIC SIGNALS AND Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 167 11.d KK LIST OF SIMILAR PROJECTS CITY OF ANAHEIM ON-CALL TRAFFIC ENGINEERING CLIENT NAME SERVICES City of Anaheim 200 S Anaheim Blvd, Suite 276, ANAHEIM, CA Anaheim, CA 92805 Since 1991, KOA has been retained by the City for the design of street w CONTACT improvements, median improvements,traffic signals, interconnect, signing Jamie Lai and striping, construction-area traffic control, and street lighting. KOA has Traffic &Transportation Manager o provided various traffic studies and other miscellaneous services as part of this (714) 765-5049 0 ongoing contract. KOA has performed upwards of 50 tasks/projects directly for the City. We are currently providing staff support services, grant writing/ jlai@anaheim.net 00. management support, and neighborhood traffic management support. 0 YEAR 1991-Ongoing a0 Y d CITY OF DIAMOND BAR ON-CALL - ITS-RELATED CLIENT NAME SERVICES FOR THE TMC City of Diamond Bar CM DIAMOND BAR, CA 21810 Copley Dr, 2nd Floor a Diamond Bar, CA 91765 0 00 KOA provides technical support to the City staff for managing the City's Traffic Network System, which is running on TransSuite software, and other CONTACT M ITS-related services. The scope of work includes troubleshooting potential David Liu problems between the local controller and its internal circuitry within the Public Works Director cabinet and determining problems that cause total or intermittent loss of (909) 839-7007 E communications between local controllers and the TMC. KOA performs DLiu@DiamondBarCA.Gov diagnostic testing and checks for the proper conditions. KOA informs City staff a if there are issues that warrant further action. As part of these services, KOA 2011-2015 1 provides the integration and expansion of additional signals into the City's c TMC. a 0 L a U) a� c c 0 L d Cd CU r_ 2M Q 0 Y a d E ENVIRONMENTAL AND CIVIL AND TRAFFIC ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNALS AND J 9 INTERCONNECT COMMUNICATION CITY OF SAN BERNARDINO Packet Pg. 168 11.d SUBCONSULTANTS r U) KOA does not currently anticipate the need to utilize subconsultants for this project. L d d STATEMENT OF LOCAL PREFERENCE ELIGIBILITY , LU L 0 W The closest KOA office to the City of San Bernardino is located in the City of Ontario. Our employees work within the San c Bernardino city limits on a project-by-project basis and do not keep office hours within the City. Likewise, our business license for the City is only maintained for the duration of our projects that are conducted for locations within the City. 0 CL KONs most recent license is currently expired. 0 U Q CONSULTANT EXPECTATIONS OF CITY Y Our expectations of what information, materials, and/or other assistance from the City is integrated in the Scope of Services section of this proposal. d d L SUGGESTED IMPROVEMENTS a 0 00 Our expectations of what information, materials, and/or other assistance from the City is integrated in the Scope of Services section of this proposal. M Q E ca Q �a 0 CL 0 L a vi Q 0 L Q W 2M co Q 0 Y a Q E ca ENVIRONMENTAL •AFOR TRAFFIC SIGNALS ANDQ INTERCONNECT COMMUNICATION CITY OF SAN BERNARDINO Packet Pg. 169 11.d KK RESUMES N RYAN CALAD, PE EDUCATION PROJECT MANAGER BA, Social Ecology (Urban Planning L Senior Engineer Focus), University of California, Irvine, CA •� Mr. Ryan Calad is a motivated and innovative traffic engineer who has served Cert,Type 2070 Traffic Signal w as Project Manager/Task Leader on various traffic signal PS&E, synchronization Controllers, UC Berkeley Technology and ITS projects. His expertise is with intersection and signal system Transfer Program (Course TE-09) _ design and operation. He also has extensive work with the development of o optimized timing plans for nearly 1,000 signals as well as the implementation, REGISTRATIONS troubleshooting, and operations of controllers and central systems. Professional Engineer, Traffic, CA Q- All projects listed were completed within the last three years or are in progress. #2692 U Professional Engineer, Civil,AZ 0 RELEVANT EXPERIENCE #63514 Y City of Coachella ST-68 Traffic Signal Synchronization Project, Coachella, CA AVAILABILITY Task Manager. KOA provided ITS and signal design services for the TSSP and 40% ITS Infrastructure Phase I Deployment of the City's ITS Master Plan. The scope E includes complete construction documents (PS&E) for controller upgrades, ITS PROFESSIONAL AFFILIATIONS hardware &software upgrades, new 72 single mode fiber optic interconnect Institute of Transportation Engineers of all Cit intersections, redundant wireless interconnect and the PS&E to a Y Intelligent Transportation Society of construct a new Traffic Management Center(TMC).The project migrated the California 00 City from Type 170 controllers with BI Tran 233 to the new McCain 2070ATC , controllers running the Omni Ex program and Transparity TMC central system PROFESSIONAL ATTRIBUTES software. Signal synchronization and timing Implementation for 16 City Traffic Engineering traffic signals was included, as well as timing implementation and training Signal Timing for City staff for TMC operation. Mr. Calad managed signal inventory, signal Signing &Striping timing coordination and the PS&E for the TMC and ITS elements along with Traffic Control Plans Transparity System training. Traffic Analysis a City of Azusa Traffic Management System Signal &Interconnect PS&E, Intersection Design Azusa, CA Cost Estimates c AutoCAD c Task Manager. KOA is providing traffic signal design, centralized traffic control Micro Station L system and monitoring upgrade, construction management and inspection a services for their ATMS .The project budget is approximately$5.2 million to AutoTURN provide traffic improvement at total of fifty-two (52) project intersections Tru-Traffic Synch ro/Si mTraff ic that includes installation of intersection signal equipment, detection systems, NEMA Controllers a centralized traffic control and monitoring system, signal timing, improve L street layout at Foothill Boulevard and Alosta Avenue, and upgrade curb ramps Type 170 &2070 Controllers ; at project intersections. The project will also replace antiquated controllers and cabinets, install network switches and routers enabling communication w between local field elements and the Traffic Management Center(TMC) with new McCain Transparity central management system software. Mr. Calad 2M managed the signal timing coordination and the PS&E for the TMC and ITS y g g g Q elements along with Transparity system training. Y a Q E ENVIRONMENTAL •R TRAFFIC SIGNALS AND INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 170 11.d KK Ryan Calad, PE, Page 2 a� U) Q Fair Oaks Avenue HSIP Signal/Metro ATMS Improvement Project, South Pasadena, CA Project Manager. KOA was selected by the City of South Pasadena to provide engineering design services for traffic L signal and interconnect improvements for 20 of the City's traffic signals funded through a combination of HSIP and m Metro grants.The HSIP grant funded improvements will include new EVP's, 2070 LX Controllers, and Advanced Dilemma E- Zone Detection to nine intersections along Fair Oaks Avenue. KOA is also providing environmental clearance support w and coordination with Caltrans. The funds from the METRO funded grants were used for a multi-agency effort including L City of Pasadena, City of Alhambra, and LA County Department of Public Works(LACO) who would maintain and monitor 4° the City signals at their traffic management center(TMC). For this effort, KOA was contracted provide a network c communication inventory of existing communication links from the City of Pasadena to connect to LACO TMC inclusive of 36 signal inventory, and four miles worth of signal interconnect, which the provided recommended upgrades, cost oQ estimates, and proposed communication Alternatives for this new scope of work. The project then provided PS&E for c 3.5 miles worth of fiber communication, hardened network and hub switches for redundant ring topology, and other v communication upgrades that connected 20 of the City's traffic signals and the City of Pasadena directly to LACO TMC. Y City of San Bernardino SSARP Project for Citywide Traffic Signal, Street Lighting, &Signage Inventory, San Bernardino, CA Task Manager. The City of San Bernardino was awarded a Caltrans Systemic Safety Analysis Report Program (SSARP) grant for citywide traffic signal and street lighting inventory and school signage project.Included in the SSAR is the E evaluation and inventory of over 300 citywide traffic signals, signalized intersection safety lighting, along with flashers d and mid-block crossings. The existing signal system review was used to provide a foundation for potential signal system 0) upgrades or replacements based on age, application, and identified deficiency, pertaining to existing standards and a safety. The SSAR analyzed current collision data, evaluated crash analyses, identified high risk corridors and intersections, co and included other safety analysis to identify preliminary safety project scopes and recommendations that will utilize � traffic signal, street lighting, and signage upgrades as countermeasures. Mr. Calad served as the task manager in charge of the citywide signals and safety lighting, along with flashers and mid-block crossings. Q Citywide Signal Systems Inventory, South Pasadena, CA E Project Manager. KOA conducted a complete assessment of the traffic signal controllers, communication facilities, and 0 other traffic signal support systems throughout the City of South Pasadena to provide a signal system master plan. The a purpose of the existing signal system analysis was to gain a full understanding of the existing system and establish a , foundation for the recommendation of any potential signal system upgrades or replacements for the City. Mr. Calad y served as the project manager for this work and was responsible for the quality control and quality assurance of the oQ inventory and final report. This final report was then used by KOA to help assist the City in obtaining a HSIP Cycle 6 grant o for improvements on fair Oaks Avenue. a vi City of Diamond Bar On-Call Traffic Engineering Services, Diamond Bar, CA Q Consultant Contract Engineer. As an extension of the City's staff, Mr. Calad provided on-site traffic engineering c services where he provided citywide signal timing monitoring and helped respond to resident requests for timing L checks. He recently helped the City upgrade and implement new Type 2070 controllers, which included field tests and Q implementation. Mr. Calad also technical support was provided to manage the City's Traffic Management Center Central System and other ITS-related services. The scope of work included: 7a • Inventoried Citywide Roadway Network& Existing Signal Equipment • Remote TMC Monitoring and Control of 60 City Signals co • Provided System wide architecture for firmware, communication, and central control Additional items also included the Traffic Signal Maintenance and Operation Master Plan (TSOM Master Plan) completed Y in 2014 and the TSOM Master Plan update completed in 2016. a Q E ca ENVIRONMENTAL •AFOR TRAFFIC SIGNALS ANDQ INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 171 11.d RESUMES r U) MIN ZHOU, PE Im PRINCIPAL-IN-CHARGE MS, Civil Engineering, Michigan L Principal Engineer State University, E. Lansing, MI Q MS, Urban Planning, School of 0) Ms.Zhou has 26 years of transportation engineering and planning experienceArchitecture,Tsinghua University, w with both private consultant companies and public agencies. She is Beijing, China �° knowledgeable in roadway design,traffic design,transportation modeling and studies, non-motorized transportation, database management, and statistical BS, Urban Planning, School of c analysis. Ms. Zhou has managed several large-scale projects involving multiple Architecture,Tongji University, 4. stake holder groups and has a reputation of delivering projects on-time and Shanghai, China oQ under budget. o U Professional Engineer, QO City of South Pasadena Fair Oaks Avenue HSIP Signal/Metro ATMS Civil, CA#66448 Y Improvement Project, South Pasadena, CA Principal-In-Charge. KOA provided engineering design services for traffic PROFESSIONAL AFFILIATIONS signal improvements, signal timing,fiber optic interconnect, and a new Institute of Transportation d centralized advanced traffic management system (ATMS). The project was Engineers, Complete Streets Council E funded through a combination of HSIP and LA Metro grants. Ms.Zhou Executive Committee Past Member L provided advisement and conducted oversight of the project managementa) Women's Transportation Seminar Q activities. International Chinese 00 City of Long Beach Multiple Traffic Signal Synchronization Projects, Long Beach, CA Transportation Professional Association c� Principal-In-Charge. Since July 2015, KOA has managed and completed multiple traffic signal synchronization projects (TSSP) for the City of Long ')RnGGccTn1\1A1 ATTRTRI ITGC d Beach. Collectively,the projects consisted of 12 corridors, including a Transportation Planning Metrolink rail route, and approximately 250 signalized intersections spanning a ca combined 50 miles of roadway. Ms.Zhou provided advisement and conducted Traffic Engineering a oversight of the project management activities. Project Management ' 7a City of Barstow HSIP Intersection Improvements for Main Street & Traffic Signal Synchronization Q Barstow Road, Barstow, CA Civil Engineering Principal-In-Charge. KOA is providing the City with a complete PS&E package a with traffic engineering, signal coordination, and environmental services for Non-motorized Transportation their HSIP-funded 13-signal improvement project. The City received a total of Complete Streets Q $892,200 from the grant to provide intersection improvements. Ms.Zhou is Database Management o providing advisement and is conducting oversight of the project management activities. Grant Applications Q City of Orange Various HSIP Signal Improvement Projects, Orange, CA Project Manager. KOA prepared applications for the Highway Safety Improvement Program (HSIP), a federal-aided highway funds program for City aM of Orange. The applications were based on the Safety Improvement Program co (HSIP) Interim Guidelines, provided by Caltrans' Division of Local Assistance. p KOA evaluated the historical accident data and traffic and safety characteristics Y of the roadway system, provided improvement recommendations, and a conducted cost estimates for the improvements with the assistance of City }; staff. d E ca ENVIRONMENTAL •R TRAFFIC SIGNALS ANDQ INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 172 11.d KK RESUMES N WALTER OKITSU, PE, PTOE, PTP EDUCATION QA/QC MANAGER MS,Transportation Engineering, a Senior Engineer University of California, Berkeley BS, Civil Engineering, California a� Mr. Okitsu is a founder and a principal of KOA. He has extensive experience State University, Los Angeles w in transportation planning and traffic design over a wide variety of highway, L transitway, and bikeway projects. This includes designs for traffic signals, street BS, Math-Computer Science, lighting, signing and striping, and work site traffic control. He has field and University of California, Los Angeles c managerial experience on traffic impact, feasibility, and circulation projects. REGISTRATIONS c RELEVANT EXPERIENCE Professional Engineer, Traffic, CA c City of South Pasadena Fair Oaks Ave HSIP Signal/Metro ATMS #1406 v Improvements, South Pasadena, CA Professional Engineer, Civil, CA p QA/QC Manager. KOA provided engineering design services for traffic signal #52655 Y improvements, fiber optic interconnect, and a new centralized advanced traffic 45 management system (ATMS). The project was funded through HSIP and Professional Traffic Ops Engineer Metro grants. The improvements included new EVPs,ATC 2070 controllers, (PTOE) and advanced dilemma zone detection for 12 intersections. KOA provided Professional Transportation Planner E environmental clearance support and coordination with Caltrans.The Metro (PTP) L grant established a 1.75 mile single mode fiber optic backbone communication °f system to 15 intersections,with direct connections to LA County's TMC. PROFESSIONAL AFFILIATIONS a KOA field-documented and tested existing communications for direct fiber Institute of Transportation co connection between the County TMC and South Pasadena. Signal timing and Engineers,International Director coordination was completed once construction finished. California Legislative Council for Cl) Professional Engineers, Director City of Coachella ST-68 TSSP, Coachella, CA QA/QC Manager. KOA designed a fiber-optic system to provide interconnect UCLA School of Engineering & E between all traffic signalized intersections, City Hall, and the City's corporation Applied Sciences,Instructor yard. Several miles of 72 single-mode fiber optic runs were designed, as well PROFESSIONAL ATTRIBUTES a as wireless interconnect and video detection.A new traffic control center was designed as well. Mr. Okitsu provided project oversight on the design. Transportation Planning N Traffic Engineering c City of Azusa Traffic Management System,Azusa, CA QA/QC Manager. Mr. Okitsu participated in this broad-ranging project that Project Management a vi consisted of design improvements to traffic-related infrastructure throughout Signal Synchronization the City. Mr. Okitsu's work included signing and striping redesign, an intersection reconfiguration, and traffic signal signs. c L City of Barstow Main Street/Barstow Road HSIP Signal Improvements, Barstow, CA Cd QA/QC Manager. KOA is providing a complete PS&E package with traffic engineering, signal coordination and environmental services for their HSIP- funded 13-signal improvement project. The City received $892,200 from aM the grant to upgrade the signal system with new equipment and timing y improvements.After our review of the existing signal system and cost estimates, p the final PS&E improvements would provide new vehicle heads, count down Y ped heads,APS system 2070 controllers,video detection, emergency vehicle a preemption (EVP), and GPS time clocks at all project intersections. KOA is }; providing environmental clearance support and coordination with Caltrans. We d will conduct signal timing and coordination once construction is completed. E ENVIRONMENTAL •R TRAFFIC SIGNALS AND 4 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 173 11.d KK RESUMES N ERIC YANG, PE EDUCATION a, TASK LEADER BS, Civil Engineering, Cal Poly, S L Senior Engineer Pomona = ai Advanced Traffic Signal Operations, .cm Mr.Yang has managed and prepared PS&Es for a variety of projects, includingUC Berkeley Extension w street improvement,traffic signal improvement and synchronization, copper L and fiber optic interconnect, intelligent transportation system (ITS),traffic Basic Traffic Signal Design management center(TMC), bus priority,traffic signal and railroad preemption Certificate, o and interconnection, geometric and signage improvement, and red light photo University of California, Berkeley 2 enforcement projects. He has extensive experience with Caltrans and other Extension, CA 00. Southern California agencies. o REGISTRATIONS a RELEVANT EXPERIENCE Professional Engineer, Traffic, CA p City of Azusa Traffic Management System,Azusa, CA #2672 Y Project Manager. The City hired KOA to provide traffic signal design, Professional Engineer, Civil, CA � centralized traffic control system and monitoring upgrades, construction #83116 management, and inspection services for their ATMS.The funding sources for this project are mainly through a Los Angeles County Metropolitan E Transportation Authority (LACMTA) Proposition C Grant and other City PROFESSIONAL AFFILIATIONS available funds. The project budget is approximately $5.2 million to improve International Chinese Transportation CID Prof.Assoc. (ICTPA), Southern Q 43 project intersections with the installation of intersection signal equipment, California Chapter, Board Member, c detection systems, a centralized traffic control and monitoring system, and 00 Treasurer, Secretary signal timing. The project will replace antiquated controllers and cabinets and install network switches and routers to enable communication between California Board of Professional M local field elements and the traffic management center(TMC). The design will Engineers, Land Surveyors, c provide a new TMC work station and connection to the county IEN network. and Geologists, Prof. Engineer E Examination Recruitment Expert City of Coachella ST-68 TSSP, Coachella, CA Consultant Traffic Signal System PS&E Manager. Mr.Yang was in charge of traffic a interconnect design and traffic management center design tasks for this PROFESSIONAL ATTRIBUTES ' citywide project. PS&Es N 0 Signal Improvements c County of Los Angeles Beverly Boulevard TSSP, Los Angeles County, CA L Project Manager. This project was an on-call task assignment from the City Signal Synchronization a U) to synchronize 35 intersections along the Beverly Boulevard corridor. Mr. Copper/Fiber Interconnect Yang designed the signal synchronization and performed field surveys and ITS TMCs recommendations for each of the project locations. 0 Caltrans Coordination L Central Ave Traffic Signal Modification and Fiber Optic Interconnect Plans, Glendale, CA Bus Priority Project Engineer. KOA prepared traffic signal modification plans for six (6) signals along Central Avenue between Wilson Avenue and Pioneer Drive, and CU fiber optic communication system plans on Central Avenue between Colorado aM Street and Broadway for the City of Glendale. The scope of work included y preparation of a preliminary design report, construction plans, specifications p and engineer's estimates (PS&E). Y a d E ENVIRONMENTAL •R TRAFFIC SIGNALS AND I 15 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 174 11.d KK RESUMES SHOUWEI (RAY) WANG, PE, LEED AP EDUCATION Senior Engineer MS,Transportation Engineering, S University of Toledo, OH Mr. Ray Wang has 23 years of civil and transportation engineering experience = BS, General Plan &Transportation CIDas a project manager/lead project engineer while managing and designing Engineering,Xi'an University of w highways, rail/transit facilities, and other major transportation infrastructure. Architecture &Technology, China His experience spans all phases of project development,from conceptual planning to final design and construction engineering. He manages and REGISTRATIONS o designs his projects with a keen business awareness, carefully planning and 4.c Professional Engineer, Civil, CA monitoring the scope, budget, schedule, and production while concentrating #69461 0 on specific technical challenges and details. Mr. Wang specializes in roadway, c drainage, and utilities design with extensive experience in the development LEED Accredited Professional, CA, 0 of horizontal and vertical alignments and cross sections for local streets, 2007 a0 highway improvements,traffic handling and striping, construction staging, URS Certified Project Manager, 2014 Y transportation planning, capacity analysis, multi-modal transportation systems, _ pavement design, excavation design, grading, erosion control measures, SPECIALIZED TRAINING hydrology, hydraulics, storm water data reports (SWDR), storm water pollution Envision Sustainability Professional prevention plans (SWPPP), standard urban storm water mitigation plans Training, 2017 E (SUSMP),water quality management plans (WQMP), storm water quality BMP BIM Revit/Project Management a� design, sewer and water systems, pump station and siphon, utility relocation, a right-of-way(ROW), cost estimates, QA/QC, project management, construction InRoads Training, 2012 management, design-build, design-bid-build, permitting, and GIS technology QSD/QSP Training, 2011 ti in civil engineering. Civil 3D Training, 2010 M RELEVANT EXPERIENCE SWPPP Training, 2009 ACE Puente Avenue Grade Separation, City of Industry, CA MicroStation Training, 2008 E Lead Project Engineer. Responsible for the Project Report preparation,the design exception memorandum and PS&E construction document. Participated WMS Hydrology Model Training, in establishing the roadway geometry alternatives. Completed hydrology 2007 a & hydraulics report, storm drain & pump station plan, composite utility LDD Training, 2005 plan, demolition plan, LACSD sewer siphon plan, and SGVWC water plan. c Coordinated with design team and agencies for the plan submittal and permit. AVAILABILITY c The project ($87.5M value) included feasibility analysis of various alternatives 55% a to grade separate an existing roadway and railroad crossing, ranging from elevating the roadway over the railroad to lowering the roadway beneath the PROFESSIONAL AFFILIATIONS 5 railroad and combinations thereof by partially raising or lowering either the American Society of Civil Engineers c roadway or railroad.To accommodate the various alternatives, a feasibility 0 Institute of Transportation Engineers L analysis was performed to realign and/or modify a number of roadways d including Puente Avenue,Valley Boulevard, and Workman Mill Road. To Asian American Architects/ address the projected traffic volumes and provide efficient traffic circulation, Engineers Association otS a new connector road between Valley Blvd. and Workman Mill Road was International Chinese Transportation evaluated. Phase I concluded with the selection of a preferred alternative, Professional Association environmental clearance and distribution of a Project Report which compiled in the technical studies performed in support of the analysis. Phase II consisted PROFESSIONAL ATTRIBUTES a of the preparation of construction documents (plans, specifications, and Civil/Transportation Design Y estimates) and acquisition of right-of-way and easements. Phase III will consist Highway/Roadway Design a of construction. The project has done the PS&E package and construction has started in the middle of 2013. Hydrology/Hydraulics/BMP Q Utility Relocation E Sewer/Pump Station/Siphon Design ENVIRONMENTAL •R16 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 175 11.d KK RESUMES N THAO LE, EIT EDUCATION BS, Civil Engineering, California State E- Assistant Engineer Polytechnic University, Pomona, CA d Ms. Le is an assistant engineer with eleven years of experience in the field of REGISTRATION engineering. Some of her responsibilities include drafting plans and elevations, Engineer-in-Training, #133504 w providing cost estimates based on engineering plans, and reviewing utility c maps for base drawing inclusion. She is experienced in performing traffic AVAILABILITY w 45° impact studies, drafting temporary traffic control plans, and in conducting o field work. Her related computer knowledge includes AutoCAD, Civil3D, PROFESSIONAL ATTRIBUTES c MicroStation, TRAFFIX, SYNCHRO, and ArcGIS. Project Management C Traffic/Transportation Engineering/ c RELEVANT EXPERIENCE Planning v • City of South Pasadena In Roadway Flashers HSIP Funding I Grant Grant Management p Manager Multimodal Transportation Y • City of Long Beach 3rd St. & Broadway ATP Funding I Grant Manager Civil Engineering Design • City of Long Beach Delta Ave. Bike Blvd.ATP Funding I Grant Manager Signing &Striping Plans • POLB Pier J Segment 1 CMAQ and ATP Funding I Grant Manager PS&E • POLB Pier J Segment 2 ATP Funding I Grant Manager E Impact Traffic Im t Studies • POLB Ocean Boulevard CMAQ and ATP Funding I Grant Manager p d • City of Menifee Signal Interconnect West HSIP Funding I Grant Manager Signal Warrant Studies City of Menifee Signal Interconnect East HSIP Funding Grant Manager Field Review CDa • City of Menifee SSARP I Grant Manager 00 ti to M y+ C N E AKIFUMI "ALAN" YASUDA, EIT EDUCATION Assistant Engineer BS, Civil Engineering, UC Irvine Q REGISTRATION Mr.Alan Yasuda is an assistant engineer with KOA. He has three years Engineer in Training of experience in transportation engineering and planning. Some of his c responsibilities include civil design of transportation-related projects, signing AVAILABILITY a and striping plans, cost estimation, and specifications. He is also familiar with 35% a performing traffic control plans and conducting field work for utility research. PROFESSIONAL ATTRIBUTES N His related computer knowledge includes AutoCAD, MicroStation,Traffix, Traffic/Transportation Engineering/ c Synchro, and ArcGIS. Planning c Civil Engineering Design RELEVANT EXPERIENCE Construction Inspection • City of EI Segundo On-call Construction Inspection Services, EI Segundo Signing &Striping Plans Construction Inspector • PS&E City of Long Beach Daisy Ave. Corridor Bike Blvd. PS&E, Long Beach Asst. Engineer AutoCAD • City of Long Beach 3rd/Broadway Cycle Track PS&E, Long Beach I Asst. MicroStation N Engineer Traffix Q • Port of Long Beach Pier J Bike Path PS&E, Long Beach I Asst. Engineer Synchro Y • SBCTA Metrolink Station Accessibility Improvement Project PS&E, ROW ArcGIS Engineering and Design Support Services During Construction, San a Bernardino County I Asst. Engineer d E ENVIRONMENTAL •• TRAFFIC SIGNALS AND I 17 Q INTERCONNECT • • CITY OF SAN BERNARDINO Packet Pg. 176 11.d KK RESUMES N N MARTIN VARONA, EIT EDUCATION a, Assistant Engineer MS, Civil Engineering, University of L California, Los Angeles d Mr. Martin Varona is an assistant engineer for KOA. After a two-year internship BS, Civil Engineering, California State c in traffic engineering with the City of Santa Ana, Mr.Varona began his University, Fullerton w professional career with KOA in 2014 shortly after graduating from UCLA with REGISTRATION L a Master's degree in civil engineering. He has been involved in several projects Engineer in Training, CA#145814 from design to planning studies, funding applications, and bikeway design o projects. He is adept with analysis, design, and grant application writing. As an AVAILABILITY 12 active chair of the Institute of Transportation Engineers, he is an advocate for 50% 0 students in the traffic engineering field. PROFESSIONAL ATTRIBUTES c Transportation Planning V RELEVANT EXPERIENCE Traffic Engineering Design p • City of Yorba Linda HSIP Cycle 8 Grant Management I Grant Manager Grant Application Assistance Y • City of Garden Grove BCIP/CMAQ Grant Management Grant Manager Research • City of Garden Grove ATP Cycle 2 Grant Management Grant Manager Field Review • City of Yorba Linda HSIP Cycle 8 Grant Application I Project Manager City of Moreno Valley ATP Cycle 3 Grant Application I Project Manager Non-Motorized Transportation E Transportation Modelin • Town of Apple Valley ATP Cycle 3 Augmentation I Project Manager p g ;v • City of San Bernardino SSARP Grant Application I Project Manager a 0 00 ti U) M y+ C N E WYATT SING, E EDUCATION Assistant Engineer BS, Civil Engineering, UC Irvine Q REGISTRATION Mr.Wyatt Sing is a versatile assistant engineer who is capable of producing Engineer in Training, CA#156047 N quality plans, specifications, and estimates for a variety of projects, including C traffic signal modification projects, fiber optic interconnect projects, roadway AVAILABILITY c and accessibility improvement projects, as well as signing and striping 35°�° a projects. He understands the importance of preparing said plans to meet PROFESSIONAL AFFILIATIONS N the requirements of public agencies throughout Southern California. On Institute of Transportation Engineers c top of his design experience, he has experience analyzing traffic patterns to c PROFESSIONAL ATTRIBUTES C improve corridor signalized intersection synchronization, and is able to provide L adjustments to existing signal timing in order to do so. Mr. Sing has also Signal Timing a) provided grant management assistance for various public agencies in Southern Active Transportation California. His technical capabilities include the ability to utilize software such Roadway Design as AutoCAD, MicroStation,Autoturn, Synchro, and SimTraffic. Traffic Impact Analysis CU Interchange Performance Analysis 2M RELEVANT EXPERIENCE AutoCAD I MicroStation y City of Long Beach Blue Line &Atlantic Avenue TSSP I Asst. Engineer Synchro I SimTraffic p • City of South Pasadena Fair Oaks Avenue Traffic Signal Improvement AutoTurn Y Project I Asst. Engineer Before/After Studies a • City of Azusa TSSP Asst. Engineer Field Review • City of Coachella TSSP I Asst. Engineer E ENVIRONMENTAL •AFOR TRAFFIC SIGNALS AND Q INTERCONNECT COMMUNICATION CITY OF SAN BERNARDINO Packet Pg. 177 11.d KK RESUMES N 0 KEVIN KELLEY, EIT EDUCATION a, BS, California Polytechnic University, E- Assistant Engineer Pomona, CA d 0 Mr. Kelley is an Assistant Engineer with KOA Corporation. Mr. Kelley has REGISTRATION c CM produced traffic signal modification plans along with interconnect plans Engineer in Training, CA#160650 r- which provided splice details connecting citywide communication. Mr. Kelley w has produced signing and striping plans along with temporary traffic control AVAILABILITY plans. He has assisted in traffic studies for private developments throughout o Southern California. He has also assisted with cost estimates and design PROFESSIONAL ATTRIBUTES c concepts for grant applications. Mr. Kelley's software expertise includes Traffic Engineering/Design Q AutoCAD, MicroStation, Synchro, SimTraffic, Tru-Traffic, and Autoturn. Signal Synchronization c Data Collection/Field Review V RELEVANT EXPERIENCE Intersection Inventory O • City of Barstow HSIP Signal Improvements I Asst. Engineer 1 City of South Pasadena Fair Oaks Ave HSIP Signal/Metro ATMS, South Traffic Signal Timing Optimization • Traffic Signal Modifications •"+ Pasadena jAsst. Engineer Signing &Striping I Traffic Control • City of Azusa TSSP I Asst. Engineer • City of Arcadia TSSP I Asst. Engineer Interconnect Plans E • Town of Apple Valley, SR-18 Corridor Enhancement Plan Asst. Engineer Street Rehab I Waterline L Improvements Tru-Traffic I Synchro Q Before &After Studies c 00 ti U) M y+ C N E t V y+ y+ Q N O a O L a U) a� c c O L d 2M Q 0 Y a Q E INTERCONNECTENVIRONMENTAL AND CIVIL AND TRAFFIC ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNALS AND J 19 • • CITY OF SAN BERNARDINO Packet Pg. 178 11.d M B83132 r- 2m th Los Angeles County Office I Corporate 1100 Corporate Center Drive, Suite 201 L Monterey Park, CA 91754 P 323.260.4703 W F 323.260.4705 0 w 0 Orange County Office o 2141 W. Orangewood Avenue o Orange, CA 92868 a P 714.573.0317 Y F 714.573.9534 San Bernardino County Office E 3190 C Shelby Street L Ontario, CA 91764 a P 909.890.9693 co F 909.890.9694 M San Diego County Office E 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 a P 619.683.2933 th F 619.683.7982 $ 0 L th V d O V L d 2m U) a 0 Y a. Q E Ko%(vA V a www.koacorp.com Packet Pg. 179 11.d a� .y d 0 o a� 0 o � CD � oo 0 � o L C) Ln ui o o LnNI m N � �-4 In 00 ^ n N ' O N 'i bV W tR N d4 dpi b4 W �'•� 0 • f!4 O W O w r_ O ' to m m ^'� v v O O M 0 • • N Ln V A N U Q 0 0 0 O to O ui O o Y O ul R M1 rn � M1 9 to,, W • O O O M lD lD N N N O� O O a � � L Q O •• O G • • b ft) ri N N Ln rl'•l O �O N Co tR {ry • g M • • • Ln .--i .-1 1-4 M -4 N 00 00 •O•I N � L • to V4 V a Q 14 O O O O 00 O N N N • N Ln 0 A7 Y Y Y w i.6 w 0 Y 0 0 >, a e c = d � O V W L • • ACm O L 7 O 0 y • 1 0 p O 4 Ch • O ` 001 ❑ a_1 • CKv -0N O N m 3 O ' "3 c c O m a m m Y > c C r ° v ° Cu o -o ami a w w w d Ln w LA • om ° v a) y N m °O C O LL m Lo LL ri N M Q Packet Pg. 180 11.d a� .y d 0 o a� p p o 0000 00 00000 C kri ouivf oC o o c -- cI W O Oh Ln %No N L � wwLM • ua w a1 • � W O w r_ O v in m Cr) 'n 0 00 Co n Q • • N m N Ln 01 O U Q C:) 0 $ o Y • r yOq LA 4 to N C -4 N w w O M ++ b'ken 4 40-1w a+ o d • o E Cm lD lD NM w d � � L Q O •• O • • Ln .i N N Ln -;I- O w H Co 14 ti too • p M CR +. • • • Ln .--4 —4 .--1 M .-I l0 to N N O Ln d E t V o Q Ln 0 0 0 0 O O O N N N N _ N O • a o 0 0 cc CL 'og o c o o O O a • 7 3 H H h N • • C N ^� W Q +' • N in N N O • ^ K 0 L N '0 V d • � N V O C W J .• c E QO 0cN • A c0 'n w c m •- c L • c a� p E _ " � o V O N D • O v C In K m o 2 ' d Q- m o dS o Ln a a > R -0N _ \ O U1 d 10 O .0 E - O LL m 1.0LL r-1 N Q Packet Pg. 181 11.d a� .y d 0 o a� 0000 00 000 c L o �; Lr; 6 0 0 L m rR , m0 0r, o � � ^ �� oo w 0 w r_ O T O • • 7r r4 Ln m Oi N v rN m h 00 00 Q O U Q Y 0o c o M C)C:, n o ui o ui • . • - w ri o ri N Vs t14 m w va nj w r.i '? tH 44 9 a+ o d • O E 0 m l0 �O N 'v N N N tDD � N L iR Q O •• O G • • Ln m N N 1A q w w N Co • O M o +. • • LA r-1 .-I ri M r4 00 W N N Q ' • Edi V O Q rq O O O O O • O N N N • rq • U-1 L Y Y ky i.6 Q y Q Y = 0 O /L • 7 Vf Vf {11 J (/j • 2 N en W F a . a is is a a w O • v G V Cn d E :3 fl y Q) o a n p O L 'C • O ..+ 01D1 a • c E n v O • E w o v Q • (D 3 0 '� c li CL c V, Ul V) cL T d a O d M to Ol N 7 @ �0 O C 0 . LL Co LL fV Q Packet Pg. 182 11.d a� .y d 0 pp O a� • 0 0 0 0 0 0 O O O Ln L Lfi O IA O Vi Ln O d O N O O1 O n O W 00 O r Ha ntft rn N IA A� b9 b4 in b4 64 4^ •� O W O W r_ O AW T O • • Ln 0 CL -4 en C N N Ln Q00 Ln rn ^f 0 U Q 0 0 0 00 o Y . CD o in 0 c Ln c 0 0 c t ' • r-i tli of N u•i tR Sn O p ++ t tv N N Ln H4 69 fR 9 p d • p E m �o OD m N N N NO a b d N L O Q O •• C! O • V! -4 (N 1-1 rl N N V Ln Co •f ti • a M • • f -1 .--I N H N N m 'i d • E M V O Q uY 0 0 0 0 O O O .-I N N N • N V% � N LA 0 R w w e w Q • c w o OL • 3 y y {A J N N h W Q +' = Y 9 4C 4S V Cl +°1 O C V C _Y E E W 4 ° a (D o 0 p r o - ° m c • 415i>E aa) CO E w O tJ v 0 •- V c 0) o Cu C Y v D of is CL m 0 v a w w d CL m Z m c V) o > ° 6 = ° v m p c •• O LL m D LL r-I N M Q Packet Pg. 183 11.d a� .y d 0 o a� o � o go 0o goo LM L N N W P NO P O O r0.1 !•I bN4 4A b�4 bm4 • LU O W r_ O O • • u'1 01 N m a m N %D N O U Q o $ o Y • o g m o p p o op t • t • bR -4 -1 a4 N N LA Kq b4 O ++ Vi b9 N F4 LM •�j fA MI in �! ++ Q • O E OO -� m to rN14-I N N N m N %D Co N L iA Q O •• O o • • If1 m '-I N to 01 —,4 14 N N LM 00 � ti E l • O M C! +� • • � J .--I ri V to N N N N rl d • m 44 V • • O Q LM DO O O O t7 O ri rl H • ba O otAC Q ae o o o OL = d • 7 {A M {A J (� • � ti ti t � CL :: O • N � N L • tp � V � • C N � N • E W u ❑ s N Q, p ^ fC � _ 0 2 a1 c � a,. • v g N E 7 w p U Q O O` N m C V • C CUTJ N y� a _ to O N Cd N C! o C VI - Ln d d • e > o d N 7 N �p .- O C O LL m lD LL N Q Packet Pg. 184 11.d a� O ' Corporation d 0 2018 BILUNG RATES Professional Services 2018 Rates President $ 310.00 S Principal En ineer I $ 280.00 r- w Princi al Engineer H $ 240.00 L 0 Senior Engineer I $ 225.00 r- Senior Engineer II $ 180.00 0 Senior Designer I $ 210.00 0 CL Senior Designer II $ 175.00 c Senior Planner I $ 215.00 v Q Senior Planner II $ 175.00 Y Associate Engineer I $ 140.00 Associate Engineer H $ 115.00 Associate Planner I $ 140.00 Q Associate Planner R $ 115.00 E Q Associate Desi ner I $ 115.00 a� Associate Designer II $ 90.00 a Assistant Engineer I $ 115.00 000 ti Assistant Engineer II $ 95.00 Assistant Planner I $ 105.00 Assistant Planner II _$ 85.00 Q Senior Construction Manager $ 165.00 Construction Manager $ 140.00 0 Senior Construction Observer $ 130.00 Q Construction Observer $ 125.00 y Assistant Designer I $ 90.00 0Q 0 Assistant Designer II $ 70.00 a Administrative Assistant I $ 85.00 y Administrative Assistant II $ 65.00 d Intern $ 55.00 0 L Q W 2M CO Q 0 Y a Q E 0 Q Packet Pg. 185 4 12.a �YtNARpj� o� Consent Calendar Q J* �� City of San Bernardino Q o' Request for Council Action m v Date: October 17, 2018 To: Honorable Mayor and City Council Members o From: Andrea M. Miller, City Manage By: Trish Rhay, Director of the Department of Public Works Ernesto Salinas, Operations & Maintenance Division Manager L Subject: Guardrail Maintenance, Repair, and Installation Services Q Agreement W Recommendation Adopt Resolution No. 2018-282 of the Mayor and City Council of the City of San 2 Bernardino, California, authorizing the execution of an annual service agreement for S guardrail maintenance, repair, and installation with C&W Construction Specialties, Inc. L Background � The Department of Public Works, Operations and Maintenance Division, is responsible for the operation and maintenance of the City's infrastructure. It includes streetlights, co traffic signals and signs, pavement markings, tree maintenance, right of way maintenance, pavement contract management, land maintenance district management, -� storm drains, graffiti removal and hazmat disposal. One of the responsibilities of the o Division is to ensure that guardrails are properly maintained, repaired, and installed as � needed. Historically, the division has repaired and/or installed approximately 1,800 $ lineal feet of guardrails annually. This includes repairs and/or replacement of "repeat" damage to guardrails at the same location. Discussion The Public Works Department, O&M Division, is responsible for the maintenance, v repair, and installation of guardrails throughout the city limits. This work activity is a largely performed through contractual forces due to the specialized nature of the work o and the materials required. In recent years, guardrail replacement and repair work a requests have gradually increased thus necessitating an increase in the amount appropriated for this service. On August 27, 2018, staff posted a solicitation for bids on the City website. Bids closed on September 6, 2018. C&W Construction Specialties, Inc. a was the only responsive bidder. C&W Construction Specialties has been used in the past and they have proven to be a reliable vendor with the City. E 10/9/2018 5:14 PM Packet Pg. 186 12.a Fiscal Impact Q The cost of this action is $100,000. The funding is currently appropriated in account Q 126-400-0152-5502, Traffic Signs and Markings, O&M Division, Public Works. a Conclusion 0 It is recommended that the Mayor and City Council of the City of San Bernardino, � California, adopt Resolution No. 2018-282, authorizing the execution of an annual N service agreement for guardrail maintenance, repair, and installation with C&W o Construction Specialties, Inc. 19 Attachments Attachment 1 Resolution Attachment 2 Vendor Services Agreement (Exhibit "A") Attachment 3 Bid Tabulation Summary Q Attachment 4 Guardrail Locations for FY 2018/19 W as as E Ward: All Synopsis of Previous Council Actions: L None. ' c� CO ti 00 0 N O Q Q w t4 N U J_ Q Q 0 CL Q E Q 10/11/2018 10:29 AM Packet Pg. 187 12.b Resolution No. 2018-282 RESOLUTION NO. 2018-282 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF E THE CITY OF SAN BERNARDINO, CALIFORNIA, L AUTHORIZING THE EXECUTION OF AN ANNUAL (M SERVICE AGREEMENT FOR GUARDRAIL MAINTENANCE, REPAIR, AND INSTALLATION WITH C&W CONSTRUCTION SPECIALTIES,INC. cor- WHEREAS, C & W Specialties was determined to be the sole bidder for the purchase of ° vendor services for guardrail maintenance,repair, and installation per RFQ F-19-06. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c L SECTION 1. The above recitals are true and correct and are incorporated herein by this C reference. ai SECTION 2. The City Manager of the City of San Bernardino is hereby authorized and c directed to execute on behalf of said City a Vendor Service Agreement between the City of San Bernardino and C & W Specialties, a copy of which is attached hereto, marked Exhibit"A", and • incorporated herein by reference as fully as though set forth at length. L SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that ti the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. c 00 SECTION 4. Severability. If any provision of this Resolution or the application thereof c to any person or circumstance is held invalid, such invalidity shall not affect other provisions or Z applications, and to this end the provisions of this Resolution are declared to be severable. o SECTION 5. Effective Date. This Resolution shall become effective immediately. 0 U) w APPROVED and ADOPTED by the City Council and signed by the Mayor and attested b the Cit Clerk this da of 2018. J Y Y Y � a 0 R. Carey Davis,Mayor City of San Bernardino a d E Packet Pg. 188 12.b Resolution No. 2018-282 Attest: Q E Q 2 Georgeann Hanna, CMC, City Clerk Q Q Approved as to form: CO 0 Gary D. Saenz, City Attorney L Q Nd N d V cc d E Ccc C L L cc 3 r eo ti V O 00 TmMO N Z O H J O N W w J_ Q Q a Q E Q Packet Pg. 189 12.b Resolution No. 2018-282 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) ( d I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. , adopted at a regular meeting held at the day of , 2018 by the o following vote: ° Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ L BARRIOS d VALDIVIA SHORETT d NICKEL L RICHARD C9 MULVIHILL oo ti WITNESS my hand and official seal of the City of San Bernardino this day of 0 2018. 00 0 N Z O H Georgeann Hanna, CMC, City Clerk O U) w J_ Q D Q a Q E a Packet Pg. 190 12.c VENDOR SERVICES AGREEMENT This VENDOR Services Agreement is entered into this 19th day of October, 2018, by E d and between C & W Specialties ("VENDOR") and the City of San Bernardino ("CITY" or a, "San Bernardino"). WITNESSETH: co 0 WHEREAS, the Mayor and Common Council has determined that it is advantageous 2 and in the best interest of the CITY to acquire vendor services for guardrail maintenance, S repair, and installation; WHEREAS, The City of San Bernardino did solicit and accept quotes from available ai VENDORS for such guardrail services; and as WHEREAS,VENDOR is the sole bidder to provide said service to the City; and NOW,THEREFORE, the parties hereto agree as follows: 2 L 1. SCOPE OF SERVICES. r For the remuneration stipulated, San Bernardino hereby engages the services of CO to VENDOR to provide those products and services as set forth in RFQ F-19-06, a copy of which a co is on file in the Public Work's Department and a copy of the Price Form is attached hereto as w J Attachment"1" and incorporated here by this reference. v w a 2. COMPENSATION AND EXPENSES. co ad a. For the services delineated above, the CITY, upon presentation of an invoice, shall U pay the VENDOR up to the amount of$100,000 for the purchase of services related a to guardrail maintenance, repair, and installation. c� b. No other expenditures made by VENDOR shall be reimbursed by CITY. a as 3. TERM; TERMINATION. The term of this agreement shall be from October 19, 2018 through June 30, 2019. Exhibit"A" 1 Packet Pg. 191 12.c Option year one, if exercised, shall be effective July 1, 2019 through June 30, 2020. Option year two, if exercised, shall be effective July 1, 2020 through June 30, 2021. Option E d year three, if exercised, shall be effective July 1, 2021 through June 30, 2022. Option year a, 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 con 0 either party. The terms of this Agreement shall remain in force unless amended by written 5w agreement of the parties executed on or before the date of expiration of current term of the S agreement. L CL 4. INDEMNITY. ai VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, as 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 L 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 ti to performance of service under this Agreement, unless the bodily injury or property damage wasco a actually caused by the sole negligence of the City, its elected officials, employees, agents or J representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at v LU a its own expense, including attorney's fees the City, its elected officials, employees, agents or co 06 representatives from any and all legal actions based upon such actual or alleged acts or U omissions. VENDOR hereby waives any and all rights to any types of express or implied a a indemnity against the City, its elected officials, employees, agents or representatives, with 0 respect to third party claims against the VENDOR relating to or in any way connected with the a d accomplishment of the work or performance of services under this Agreement. Exhibit"A" 2 Packet Pg. 192 12.c 5. INSURANCE. E d While not restricting or limiting the foregoing, during the term of this Agreement, a, 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 con 0 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 ai to any change in or termination of the policy. as 6. NON-DISCRINIINATION. In the performance of this Agreement and in the hiring and recruitment of employees, L 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, ti ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or (L U) sexual orientation, or any other status protected by law. W J 7. INDEPENDENT CONTRACTOR. a U W a VENDOR shall perform work tasks provided by this Agreement, but for all intents and u) ad purposes VENDOR shall be an independent contractor and not an agent or employee of the U CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 0 Compensation, and other payroll deductions for VENDOR and its officers, agents, and a d employees, and all business license, if any are required, in connection with the services to be performed hereunder. Exhibit"A" 3 Packet Pg. 193 12.c 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration E d certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, a, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. co 0 w NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United CL States Postal Service,postage prepaid and addressed as follows: ai TO THE CITY: Public Works Department 290 North "D" Street d San Bernardino, CA 92401 S Telephone: (909) 384-5045 L TO THE VENDOR: C &W Construction Specialties, Inc. 2419 Palma Drive Ventura, CA 93003 Telephone: (805) 642-0204 ti a. 9. ATTORNEYS' FEES. > LU In the event that litigation is brought by any party in connection with this Agreement, a U the prevailing party shall be entitled to recover from the opposing party all costs and expenses, a. co including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 08 U J its rights or remedies hereunder or the enforcement of any of the terms, conditions or 0 provisions hereof. Attorney's fees for the City Attorney and members of his office shall be a c� calculated based on market rate for comparable services. a 10. ASSIGNMENT. E Exhibit"A" 4 Packet Pg. 194 12.c 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 E a� written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void a, 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 con 0 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. L Q 11. VENUE. ai The parties hereto agree that all actions or proceedings arising in connection with this as Agreement shall be tried and litigated either in the State courts located in the County of San S Bernardino, State of California or the U.S. District Court for the Central District of California, L Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. ti U) 12. GOVERNING LAW. a co This Agreement shall be governed by the laws of the State of California. W J 13. SUCCESSORS AND ASSIGNS. a U W a. 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. o The subject headings of the sections of this Agreement are included for the purposes of 0 convenience only and shall not affect the construction or the interpretation of any of its a as provisions. 15. SEVERABILITY. a Exhibit"A" 5 Packet Pg. 195 12.c If any provision of this Agreement is determined by a court of competent jurisdiction to c a� be invalid or unenforceable for any reason, such determination shall not affect the validity or a� L enforceability of the remaining terms and provisions hereof or of the offending provision in any N a� other circumstance, and the remaining provisions of this Agreement shall remain in full force 2-' d co and effect. o 16. ENTIRE AGREEMENT; MODIFICATION. L This Agreement constitutes the entire agreement and the understanding between the Q d W parties, and supercedes any prior agreements and understandings relating to the subject manner 6 of this Agreement. This Agreement may be modified or amended only by a written instrument a S executed by all parties to this Agreement. L L 3 r co ti Q a. U) LU J Q U W a. U) o�S U J_ Q D Q a d Q Exhibit"A" 6 Packet Pg. 196 12.c VENDOR SERVICES AGREEMENT BETWEEN C &W SPECIALTIES AND THE CITY OF SAN BERNARDINO d E d d L IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and d date set forth below. d co 0 Dated: , 2018 C &W SPECIALTIES By: Its: L Q Dated , 2018 CITY OF SAN BERNARDINO ai By: ANDREA M. MILLER, City Manager City of San Bernardino Approved as to Form: GARY D. SAENZ, City Attorney 2 L 3 By: eo ti U) Q a co W J Q U W a co o�S U J_ Q D Q a d E Q Exhibit "A" 7 Packet Pg. 197 12.d H U N a � Q a c� Q o a, o a ch � a� 0 0 0 0 0 c 0 0 0 0 0 0( ON 00 N N d y N N N O ca cn 0� O CV v O j Z L N W N d9 O � L O O O O O O Q ti 00 LC5 0� O 06 Cl) 01) N N N N ai U T V M W W 2 S U Q a m F ca Q oo to r O O O O O c� rL 0 0 0 c m L a X a y E E y_ J J J N N m N J �+ Q E _ C7 i to d t4 >- d CL d C1 HOZ .� Q Y W O .v W � v L ~ H E "- U W - COU C7 Fo 0 0 a� ado U) in N coPacket Pg. 198 12.e Guardrail Replacement Locations FY 18/19 Locations: Q 30 Ih and Lynwood E E St. and Kendall L IM Little Mountain Q Medical Center and Cajon Mt. Vernon and Cajon Mission and Grant v� 0 City-wide preventative maintenance of all other locations. �a �a L Q Q w d V d E .C� C L L 3 r eo ti X1'1 t x Q 0 ca 0 J_ Q D Q d r-. Q E t V r� r� Q 1 Packet Pg. 199 13.a ���gl1aR��Mo ai Consent Calendar o r City of San Bernardino Request for Council Action 0 Date: October 17, 2018 4- 0 r_ To: Honorable Mayor and City Councilembers t 0 a From: Andrea M. Miller, City Manage M w By: Trish Rhay, Director of P lic Works 0 Alex Qishta, Deputy Public Works Director/City Engineer 0 Subject: Plan No. 13241 - Proposed Street Vacation of a Portion of Little > Mountain Drive, South of Little Mountain Court, West of 27t" Street—Authorization to Proceed n Q Recommendation 0 CL Authorize staff to proceed with the investigation and analysis for the proposed street 0 vacation for Plan No. 13241. a Background M Streets and Highways Code, Section 8312, gives a city legislative body the power to c vacate all or part of a street. A petition to vacate a portion of Little Mountain Drive, south of Little Mountain Court and a west of 27th Street, was received on June 30, 2018 from 27t" Street TAD, LLC. The ti petition and exhibits submitted with the petition are attached as Attachment 1. 27th Street TAD, LLC submitted Plan No. 13241, which is attached to this report as co Attachment 2. The stated reason for the petition to vacate this portion of the street is to c accommodate a new commercial development and reclaim property previously dedicated but no longer in use. Discussion L If authorization is given to proceed, an investigation and analysis will begin and all City co departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or ; potential issues or concerns. All services, with the exception of fire, will be performed in house. J The petitioner has paid $1,000, which represents the first half of the non-refundable a street vacation processing fee. The second half will be due after the investigative proceedings are completed and prior to presenting to the matter to the Mayor and City Q Council. a 10/12/2018 10:49 AM Packet Pg. 200 13.a a> Future actions by the City will consist of: o E • Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highways Code Section 8320 0 • Publication of Notices of Vacation pursuant to Streets and Highways Code Q Sections 8322 & 8323 • Public Hearing and Resolution of Vacation pursuant to Streets and Highways - Code Section 8324 r_ • Recordation of the Resolution of Vacation pursuant to Streets and Highways t •Code Section 8325 °a M w 2018-2019 Goals and Objectives ° This project is consistent with Goal No. 4: Ensure Development of a Well-Planned, 0 W Balanced, and Sustainable City. Investigations are required before the City can proceed with vacating the public right of way. > 5 Q L Fiscal Impact CO There is no fiscal impact associated with this action. Costs incurred with this action are Q offset by the non-refundable, petitioner paid processing fee of $2,000. To date $1,000 0 CL of this fee has been paid to the City. o a Conclusion Authorize staff to proceed with the investigation and analysis for the proposed street vacation for Plan No. 13241. c Z r_ Attachments —° a Attachment 1 Petition Attachment 2 Plan No. 13241 ti CO 0 Ward: 2 v ca Synopsis of Previous Council Actions: d 2 L • None CO E M 3 0 d J CL Q E a 10/12/2018 11:18 AM Packet Pg. 201 13.b 0 d J 4- 0 O r_ O_ r- 0 CL cc 4- 0 r_ O 4a ca d d L V) d O M O L Attachment 1 N M r Petition z _ a N CO ti r Q E t V Q O t4 V > d d L CO S CO C d J CL Q E Q Packet Pg. 202 13.b APPLICATION FOR STREET/ALLEY/EASEMENT VACATION To: City of San Bernardino S Public Works Department,Real property Section 0 290 N."D"Street,San Bernardino,CA 92401 d ' (909)3845140 J This application is hereby submitted to the City of San Bernardino, to initiate proceedings For the c following street/alley/easement located in the City of San Bernardino pursuant to Section 8300 et seq.of the o -' — — - State-of-Califomin-Streets-and•Highways•Code:-(Name the--street ordescribe-the location-of-the,rdley or - - - o easement and portion a 1 requested for vacation along with a prat map delineating the area) � AVOW, 7 o ra The vacation is requested for lite following reason(s): d T � C0 rn �v AV/ � � o :z 0 L a 1 understand that a total non-refundable fee of S 2.000.00 shall be paid by me as a cost of.the ' proceedings,one-half of which _s 1,000,00 is hereby enclosed. The remainder of_$1.000.00 shall be due and N M payable atter the investigative proceedings are complete and prior to the commencement of the legal proceedings. I further understand that said fees are NOT payment for any real property or Z improvements thereon, but for the costs of the vacation proceedings ONLY and that the City of San M Bernanlino does NOT determine underlying ownership of lite area to be vacated nor does it guarantee a title to any property Involved and 1 have been advised to consult a title company to determine such 00 ti ownership. ,n i understand that at lite conclusion of the investigative proceedings, the City will notify me of its findings including and conflicts with City facilities now located in the area proposed to be vacated, or lite Q request by any utility company for lite reservation of any existing casements and that such Conflicts or reservations may affect die intended use of the proposed area,once vacated,and that I may elect to terminate or continue the proceedings. If 1 elect to continue, the remaining unpaid fees shall be paid by me prior to the Q continuance of said proceedings, o .W cc I understand that the requested vacation is subject to the approval of the Mayor and Common Council of ra tine City of San Bernardino and that diem Is no guarantee that such approval will be made. > 27*4 �i�a-r�-44tz.16 L Date Print Nome i r •:_ � s= 3 LZ 77 ° Tel.No. Address -City,State,2ip J PLEASE NOTE: T/re C/V i e4ile is/lid/at least 90%Pf the a(yolning prep"owners{prot to cants)Judicate interest Its the (L proposed mention.Please have all i'aferested parties complete and sign 114s petllion prior to sabntlaing to the � at).A1lach addblonai sheets as necessaq.. d We,lite undersigned property owners,or authorized agents thereof,have read and understand the E application and wish to proceed with the requested vacation as stated herein Q Packet Pg. 203 j S f<, p""t A.a)IIe Cry 0 '7di No. A ftdnsx-Oly,State,'lip Sigirolure 4- 0 Na. VVf 0 0 CL Urate A'Oniv 4- 0 int.No. Affbvss-•(71%State,Zip 0 Dote Tel Afo. A#,4b-e4s City,State,&j., V) 'a Q U) 0 Dole pift Nome CL 0 CL CI4 Iff/mv 6 Z Tei Na Cion Stole,lip f3 rte I'rlrxt NaarrcSigtttrture-- CI4 Co r-_ Tel No, Iddress Orj�Start",71p Pate — i't'itNNtotre µ^ Slpsolfwv M.No, 710 .2 Date Pt iter Name Date Print Name Tel.No. Address City:,Slate,7jjj 0 Dole Print Aame Signature Tel.NO. Adtfroms-City,State,Zip CL Uatej—'rho Nolne Q E w.No, Addnmr Cily,Slate,Zip S VOI-Rev.0312016 Packet Pg. 204 13.c 0 d J 4- 0 O r_ O_ r- 0 CL cc 4- 0 r_ O 4a ca d d L V) d Attachment 2 ° O L a Plan No. 13241 N M TMMO Z r_ cv a N CO ti N Q E t V Q O t4 V > d d L CO S CO C d J CL Q E Q Packet Pg. 205 13.c LITTLE MOUNTAIN COURT CALTRANS DMYMC 7 0 R// r�J flap NO. 42967 3-6 Q PARCEL 1 4 SOUTH LINE OF LITTLE LLQ NO. O9oo2 c MOUNTAIN COURT ' r- 0 PARCEL 6 1 Rs o 162/21-29 s PM 14455 >POR PARCEL 3 palB 102/24-27 PARCEL Map No. 9618 V) pM o 113/28-29 y 0 LITTLE MOUNTAIN ROAD (EXIST) 0 � o TO BE VACATED a N M r O \ Z PARCEL 6a N co 0 60 SCALE: 1" = 60' d E AREA TO BE VACATED CONTAINING 0.52 ACRES MORE OR LESS i 1MP 27TH STREET NORTH LINE OF IMP 27TH STREET PRELIMINARYI L _ co RYAN A. POST DATE LS 8785 a a°SGS CITY OF SAN BERNARDINO DRAWING NO =�P °sem DEPARTMENT OF PUBLIC WORKS XXXXX J 0 No. 8785 STREET VACATION PAGE a L�x �� LITTLE MOUNTAIN RD (EXIST) 9 of CAt�F�� 1 OF 1 E Packet Pg. 206 13.c O d J 4- 0 O r- 0 O a cc 4- 0 r- 0 4a LLJ O :2 ft� < O o 15 pi a SITE W ALEXANDER AVE. C7 W. 27TH ST. Tmm �1 21jH STS z o W. 26TH ST. w a Z N O 00 ¢�� N E t V Q O t4 V d d L co CO C d J (L ATC DESIGN GROUP VICINITY MAP ARCHITECTS • ENGINEERS • SURVEYORS SCALE NONE JOB 17-3723 1 DATE7.23.201 81 PAGE 1 OF 1 Q P)iin 00. 152-If Packet Pg. 207 13.c STR E ET VACATI O N 3 0 (LITTLE MOUNTAIN ROAD (EXIST) J 4- 0 O O_ O LEGAL DESCRIPTION: a w O 0 THAT PORTION OF LITTLE MOUNTAIN DRIVE(EXIST) IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN > BERNARDINO,STATE OF CALIFORNIA LYING SOUTHERLY OF THE SOUTH LINE OF LITTLE MOUNTAIN COURT AND LYING NORTHERLY OF THE NORTH LINE OF IMP. 27TH STREET AS SHOWN ON CALTRANS Co DISTRIC 8 RIGHT OF WAY MAP NO.429573,SHEET 5, DATED APRIL 7,2007. O SAID PORTION OF LITTLE MOUNTAIN DRIVE (EXIST) IS ALSO SHOWN ON RECORD OF SURVEY NO. 17- c 0114, RECORDED IN BOOK 162, PAGES 21-29 OF RECORDS OF SURVEY,SAN BERNARDINO COUNTY a RECORDS. N M T- 6 Z CONTAINING 0.52 ACRES MORE OR LESS. �pvp�ND SUR�� A.Pps� yp� <14 co µo,8785 N PRELIMINARY ��9TF of cP�-�� E RYAN A. POST DATE Q LS 8785 c ca d d L co CO C d J a d E r rte, rlio. Packet Pg. 208 14.a �$ERWARb��n Consent Calendar City of San Bernardino Request for Council Action o Q L Date: October 17, 2018 Q To: Honorable Mayor and City Council Members a From: Andrea M. Miller, City Manager By: Trish Rhay, Director of the Department of Public Works Ernesto Salinas, Operations & Maintenance Division Manager Subject: Issuance of an Annual Purchase Order to Safeway Signs c Q Company 3 Recommendation y Adopt Resolution No. 2018-283 of the Mayor and City Council of the City of San 00 Bernardino, California, authorizing the execution of an annual purchase order with Safeway Signs Company for the Purchase of traffic signs and materials. co0 Backciround r_ The Department of Public Works, Operations and Maintenance Division, is responsible $ for the operation and maintenance of the City's infrastructure. It includes streetlights, traffic signals and signs, pavement markings, tree maintenance, right of way maintenance, pavement contract management, land maintenance district management, n storm drains, graffiti removal and hazmat disposal. One of the responsibilities of the a Division is to ensure that traffic signs and related components are routinely maintained, w repaired, and replaced in order to ensure the safety of motorists and pedestrians. a Equally important, this responsibility also includes the timely replacement and/or repair co of traffic signs that are stolen or damaged through vandalism or vehicle collisions. co co Discussion The Public Works Department, O&M Division, routinely purchases traffic signs and a related materials for the maintenance and replacement of the City's traffic sign infrastructure. It also purchases these materials in an effort to keep an adequate supply in-stock for emergencies such as weather events, knockdowns, or increased vandalism. Besides the standard aluminum signs, related materials such as anchors, posts, post o caps, and specialized cross pieces are essential to keep on-hand and were part of the specifications related to this bid. If the vendor purchase agreement is not approved, the T division will have to discontinue routinely maintaining traffic signs and will not be able to co replace damaged or vandalized signs. a E 10/9/20184:33 PM Packet Pg. 209 14.a a� On August 31 , 2018, staff posted a solicitation for bids on the City website. Bids closed on September 18, 2018. The City received a total of four bids. The vendor, business location, and total price is listed below: c L Q Vendor Location Total Price Safeway Signs Company Adelanto, CA $110,275 0 Full Traffic Maintenance, Inc. Corona, CA $169,765 Maneri Sign Company (non-responsible) Gardena, CA $104,282 L Main Street Signs (non-responsive) Ontario, CA $235,500 a Of the two responsible and responsive bids, Safeway Signs Company of Adelanto, a California was the lower bid at $110,275. Full Traffic Maintenance, Inc., of Corona, California was the second lowest bid at $169,765. Maneri Sign Company did not w provide price quotes for all items requested and Main Street Signs submitted their proposal past the deadline. As such, Safeway Signs Company is proposed as our vendor of choice for traffic signs and related materials. The City has utilized Safeway Signs Company in the recent past and they have proven to be a reliable vendor. M co Fiscal Impact The cost of this action is $110,275. The funding is currently appropriated in account co 126-400-0152-5502, Traffic Signs and Markings, O&M Division, Public Works. N r_ Conclusion C It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-283, authorizing the execution of an annual purchase order with Safeway Signs Company for the purchase of traffic signs and materials. w Attachments a Attachment 1 - Resolution Attachment 2 - Vendor Purchase Agreement (Exhibit "A") Attachment 3 - Bid Tabulation Summary U Ward: All Synopsis of Previous Council Actions: aM �n 9/15/2014 Resolution 2014-04 was approved, authorizing the execution of a vendor purchase >, agreement and issuance of an annual purchase order in an amount not to exceed $234,000 for FY 3 13/14 with three one-year renewals to Safeway Signs Company for the purchase of traffic signs and T materials. v� 2/3/14 Resolution No. 2014-28 was approved, authorizing the execution of a vendor purchase a agreement and issuance of an annual purchase order in an amount not to exceed $50,000 for the remainder of FY 13/14 with three one-year one year renewals in an amount not to exceed $100,000 m at the City's option to Maneri Sign, Inc. for the purchase of signs and materials. Option years were not exercised. Q 0/11/2018 4:50 PM Packet Pg. 210 14.b Resolution No. 2018-283 RESOLUTION NO. 2018-283 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN ANNUAL Q PURCHASE ORDER WITH SAFEWAY SIGNS COMPANY E 0 FOR THE PURCHASE OF TRAFFIC SIGNS AND v MATERIALS y co WHEREAS, Safeway Signs Company was determined to be the lowest responsible and responsive bidder for the purchase of traffic signs and related materials per RFQ F-19-08; co BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: d L SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. L SECTION 2. The City Manager of the City of San Bernardino is hereby authorized and a' directed to execute on behalf of said City a Vendor Purchase Agreement between the City of San 3 Bernardino and Safeway Signs Company, a copy of which is attached hereto, marked Exhibit "A," and incorporated herein by reference as fully as though set forth at length. w SECTION 3. The City Council finds this Resolution is not subject to the California 0 a� Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that N the activity in question may have a significant effect on the environment, the activity is not00 subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof o to any person or circumstance is held invalid, such invalidity shall not affect other provisions or 3 applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. co APPROVED and ADOPTED by the City Council and signed by the Mayor and attested cc by the City Clerk this day of 52018. w cc co a R. Carey Davis,Mayor City of San Bernardino E Packet Pg. 211 14.b Resolution No. 2018-283 Attest: Georgeann Hanna, CMC, City Clerk CLE O U Approved as to form: aM CO 3 as Gary D. Saenz, City Attorney COO L d L 0 d V L a a 4- 0 d 3 N N M 00 ti O 7 O N d N a1 CO A t4 d w c4 CO a d E a Packet Pg. 212 14.b Resolution No. 2018-283 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) Q E 0 U I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. , adopted at a regular meeting held at the day of , 2018 by the N following vote: 3 d Council Members: AYES NAYS ABSTAIN ABSENT co 0 MARQUEZ L 0 BARRIOS VALDIVIA L a SHORETT 3 c c NICKEL a c w RICHARD c MULVIHILL N M co ti WITNESS my hand and official seal of the City of San Bernardino this day of 2018. 0 0 U) d U) Georgeann Hanna, CMC, City Clerk co a cc 3 as w cc co a d E a Packet Pg. 213 14.c VENDOR PURCHASE AGREEMENT 2M This VENDOR Purchase Agreement is entered into this 17th day of October, 2018, CO by and between Safeway Signs Company ("VENDOR") and the City of San Bernardino co ("CITY" or"San Bernardino'). L d L WITNESSETH: O a) U) to WHEREAS, the Mayor and Common Council has determined that it is advantageous L IL and in the best interest of the CITY to acquire traffic signs and related materials for sign c replacement and repair; a c WHEREAS, The City of San Bernardino did solicit and accept quotes from available o a� VENDORS for such traffic signs materials and related materials; and U) U) WHEREAS, VENDOR is the lowest responsible and responsive bidder to provide said co ti materials to City; and IL NOW,THEREFORE, the parties hereto agree as follows: > co z 0 1. SCOPE OF SERVICES. co For the remuneration stipulated, San Bernardino hereby engages the services of 3: w UL VENDOR to provide those products and materials as set forth in RFQ F-19-08, a copy of co co z which is on file in the Public Works Department and a copy of the Price Form is attached 2 U 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 in pay the VENDOR an amount not to exceed $200,000 for the purchase of traffic d M co signs and related materials pursuant to RFQ F-19-08. a b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" a 1 Packet Pg. 214 14.c a� 3. TERM; TERMINATION. N The term of this agreement shall be from October 17, 2018 through June 30, 2019, with co four (4) one-year extensions at the City's option. Option year one, if exercised, shall be a� L effective July 1, 2019 through June 30, 2020. Option year two, if exercised, shall be effective O a� July 1, 2020 through June 30, 2021. Option year three, if exercised, shall be effective July 1, L a 2021 through June 30, 2022. Option year four, if exercised, shall be effective July 1, 2022 c through June 30, 2023. In all option years, actual option year pricing shall be negotiated with a c the VENDOR prior to exercising any given option year. o a� This Agreement may be terminated at any time by thirty (30) days written notice by 3 U) U) either party. The terms of this Agreement shall remain in force unless amended by written co ti agreement of the parties executed on or before the date of expiration of current term of the a agreement. > co z 0 4. INDEMNITY. co VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, w UL agents or representatives, free and harmless from all claims, actions, damages and liabilities of co co z any kind and nature arising from bodily injury, including death, or property damage, based or 2 U asserted upon any or alleged act or omission of VENDOR, its employees, agents, or 1 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 co cc actually caused by the sole negligence of the City, its elected officials, employees, agents or 2 co 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 4) representatives from any and all legal actions based upon such actual or alleged acts or Exhibit"A" a 2 Packet Pg. 215 14.c omissions. VENDOR hereby waives any and all rights to any types of express or implied U) a� indemnity against the City, its elected officials, employees, agents or representatives, with W a respect to third party claims against the VENDOR relating to or in any way connected with the T co accomplishment of the work or performance of services under this Agreement. ° L d L 5. INSURANCE. O ai U) cc While not restricting or limiting the foregoing, during the term of this Agreement, L (L VENDOR shall maintain in effect policies of comprehensive public, general and automobile ° c liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory Q c worker's compensation coverage, and shall file copies of said policies with the CITY's Risk o a� Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 3 U) U) additional named insured in each policy of insurance provided hereunder. The Certificate of co ti Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior (L to any change in or termination of the policy. > U) z 6. NON-DISCRINIINATION. c� In the performance of this Agreement and in the hiring and recruitment of employees, LU ULM VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, U)i U) z discrimination in employment of persons because of their race, religion, color, national origin, U ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or uL sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. in VENDOR shall perform work tasks provided by this Agreement, but for all intents and co purposes VENDOR shall be an independent contractor and not an agent or employee of the a CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of r Income Tax, Social Security, State Disability Insurance Compensation, Unemployment As Exhibit"A" a 3 Packet Pg. 216 14.c Compensation, and other payroll deductions for VENDOR and its officers, agents, and 2M employees, and all business license, if any are required, in connection with the services to be N performed hereunder. co 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a� L VENDOR warrants that it possesses or shall obtain, and maintain a business registration O a) U) certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, L qualifications, insurance and approval of whatever nature that are legally required of VENDOR c to practice its business or profession. a c NOTICES. o a� Any notices to be given pursuant to this Agreement shall be deposited with the United U) U) States Postal Service,postage prepaid and addressed as follows: M co ti TO THE CITY: Public Works Department 290 North "D" Street a San Bernardino, CA 92401 > Telephone: (909) 384-5045 z co TO THE VENDOR: Safeway Signs Company a 9875 Yucca Road Adelanto, CA 92301 a Telephone: (800) 637-7233 co Contact: Mark Johnson z z 0 co 9. ATTORNEYS' FEES. v U- 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, a, co including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 3 d w its rights or remedies hereunder or the enforcement of any of the terms, conditions or CM0 a provisions hereof. Attorney's fees for the City Attorney and members of his office shall be as calculated based on market rate for comparable services. Exhibit"A" a 4 Packet Pg. 217 14.c a� 10. ASSIGNMENT. N VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 2 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior a� L written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void o a) U) and shall constitute a breach of this Agreement and cause for the termination of this L a. Agreement. Regardless of CITY'S consent,no subletting or assignment shall release VENDOR c of VENDOR's obligation to perform all other obligations to be performed by VENDOR a c hereunder for the term of this Agreement. o a� c 11. VENUE. 3 U) U) The parties hereto agree that all actions or proceedings arising in connection with this co ti Agreement shall be tried and litigated either in the State courts located in the County of San a. Bernardino, State of California or the U.S. District Court for the Central District of California, > z Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. w U- 12. 12. GOVERNING LAW. vai z This Agreement shall be governed by the laws of the State of California. 0 co U 13. SUCCESSORS AND ASSIGNS. FZ This Agreement shall be binding on and inure to the benefit of the parties to this Agreement aM and their respective heirs,representatives, successors, and assigns. co cc 14. HEADINGS. cc co The subject headings of the sections of this Agreement are included for the purposes of a convenience only and shall not affect the construction or the interpretation of any of its r provisions. Exhibit"A" a 5 Packet Pg. 218 14.c a� 15. SEVERABILITY. N If any provision of this Agreement is determined by a court of competent jurisdiction to 2 co be invalid or unenforceable for any reason, such determination shall not affect the validity or a� L enforceability of the remaining terms and provisions hereof or of the offending provision in any O a� other circumstance, and the remaining provisions of this Agreement shall remain in full force L and effect. a c c 16. ENTIRE AGREEMENT; MODIFICATION. o a� This Agreement constitutes the entire agreement and the understanding between the U) U) parties, and supercedes any prior agreements and understandings relating to the subject manner 00 ti of this Agreement. This Agreement may be modified or amended only by a written instrument Q (L executed by all parties to this Agreement. > U) z c� Q w UL Q z c� U U- Q H N d w co a Q E Exhibit"A" Q 6 Packet Pg. 219 14.c VENDOR PURCHASE AGREEMENT BETWEEN SAFEWAY SIGNS COMPANY AND a, THE CITY OF SAN BERNARDINO co 3 d w IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and N 0 L date set forth below. L 0 0 U) Dated: , 2018 SAFEWAY SIGNS COMPANY L a By: 0 Its: � c Q c Dated , 2018 CITY OF SAN BERNARDINO o a� c By: 3 ANDREA M. MILLER, City Manager N City of San Bernardino Approved as to Form: Cl) GARY D. SAENZ, City Attorney Q (L co By: z co Q w UL Q co co z 0 co U U- Q H U) co cc d w co a d E Exhibit "A" Q 7 Packet Pg. 220 14.d w a� 0 0 0 0 0 0 0 0 0 0 0 �n x o 0 0 0 6 6 0 0 0 0 -T o ON M � O N ti C'7 N a ami d o C Cy 'FU r O M p O O LCA N O Lo Lo O Lo Lo Lo CO (D Lo (D 00 N O N v LCA L6 N N L6 1q M N I` 00 I` LL o d U) F- CO fC 0 W Q Z W v0 O O O 0 0 O O O O 0 O co O O O O LCA O O O v p 0 O 0LQ 00 CD Lo co �0 O O C I` m x N 00 N C C 00 c c'� � � N VLL N Q U- E m E LuLLU U — LLLLti LU �° LLLn m O O m O O Lo co Lo LCA Co LCA U 0') rn � rn � m M M M N r-- Lo o } cn Q N N O M N N C15 C15 1q CO Q d Q D U) U, m p C cn a Cn Cn Cn Cn Cn Cl) Cl) Cl) U) J J J CA U 00�i 0ri 0 ori o oN000 Q Co co co O Oco co U � co C Q Q It An Q } d co CL i H co d Q 0 Z O W Q Y o (� (� Z U c Q LH o00mY W O C 0 E N � x x � E m - - O O � � -o co L (D (D d Z :3 : :3 Q W Wo co 0) J c—a c—a X a L: C) cM LL cM U-) 2 W Q Q Q Q Q LL U- W NJ C0 �I LO I I CO I �I CO 1 0 T;:I N I Packet Pg. 221 14.d w a� O O Oq Oq O O O fA dO N N0 N N F- -a LO O N N � (D F- 3 Cl) LL N N Cl) �D N V E r 0 a LL a �, — C o M N •� C ~ 69 M O VLO O L6 N N M = L i v C'7 I` N N co 0 d CO F- cD CO is O LL p - IQ Z c W O O O O O O . 4- > v 00 O O LO O 0 .0O d 0 d >+ O � to O (D N N N O 70 O C N L OO O � to r m 5 O O N N LO L N O r N Q U- N o LL T w L U U LL W L r_ p W W 01 iz r c� = m CV O O O co LO ti ti N m Q 03 1q: (b (b T M CO 0� d °' co LO LO LO to cB Q N N ti cn cQ co co 0 a W W W W IY m m V O M O O N O O LL 04 04 MH th ,L Qx � 0 0 fn 04 cC LUQ E Q O co N O t4 �_ m Cl) x O N c9 c9 m ?� p 0 06 c O N x N N M p l a O m � y (� Z O LU x N o N I ami Y Lu O U Z N x - k I O ~ Cn J \ N M N x N x O I v � Ua v LU N o Q � > m° > m V CO CU m Cf) o I U Q c C C 0 � 0 v i ` (n L L �--� �--� fn 0- C LU LU ~ C O a)O O ( o0- oalp Q v CO 0- I a fl —1 NJ ml � LO CO � Packet Pg. 222 14.d a� 0 0 0 0 0 0 0 0 0 0 0 0 in 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 o Lo o o 0 F OU) V Lf) Lf) O N CY) O (� N d N a O in U a }' o O o O •m cl d 0}' O O O O O O O O O O o O Lq 0 0 0 0 0 0 o LO O LO LO IT ri ri 0 0 ti 0 0 0 3 L O a U M c _ C J Q c4 A.) 0 O O O 0 0 O O O O 0 O C 'i O O Ln O OO O Co CL � ) � GO ti O r- 00 O ( ( x (C O IT N N ti N Ln N V CD G1 3 m E C � o LL N Q E OU LL ~W U- co U 2 LO LO LO cY) CD LO LO LO N O LO LO m Ln (N (Y) O I N IT I- r O M I- O co •� 0 O N N N 06 O zi U) � u r (B Q m N E N E C C: 3 m co D �_ U) m Q co �+ LL LL LL LL LL LL LL LL LL LL LL LL m (� a Cn Cn (n (n (n (n (n (n Cn J J J N � U 0 0 0 0 0 o o Lo o 0 0 0 Q �i Cl) Cl) M Cl) cv F- U 7 O O T co Co N rte+ E co O O d X01 CO AF- 70r V coCL d co co lW70 Q z C - - m 0 O O U L ca ~ Q Z O O �_ U O L co co I Q CD a) E J N o 00 � x x o Y E O ,p T � m r r O O O O L o U o o "= L E co O co a) cg a °? W Z Q U c Q c c c c m m ) •V W O c�0 J c0 c0 xM LL co (n Z W r Q I Q Q Q Q LL LL W r N co qq LO 0 I-- 00 rn 0 N Packet Pg. 223 1 4.d th $ R R R R R R R 0 0 0 0 0 0 ® \ 9 R q q R R � \ x m� � � C C q ■ / U- O [ � / U- � \ 7 � _ 0 2 E 0 R R R R R R M 2 m 9 LO LO 0 k 0') (X) k k Co C � f � � c O O O LD LD L ■ 2 R � m m m 2 \ o q r- b o 0 0 2 2 Co 2 m 2 2 2 q 2 § § C o § k § T- 0 0 um Co U Ln mkm CD q q Co � 70 o 0 m m m m / o + 0 0 0 CO / R 2 2 2 a m E / \ § = Co > _ > m U) $ LU w w w? ?? \ U) o 7 R R f f c c / Q C4 C4 � 2 . 2h o � m / � ƒ 2 / & 0 = x w 2 2 0 0 U) J C / & 2 y § m w . 0 Q0 C4 ■ x % � x > . £ x x q E k ƒ CO CO CL 2 0 W x a Co 2 § p U 2 . xCo & & E C4 / / @ x § x 2 u_ L 6 \ C a k U U) L- / y % E ƒ E ƒ LU F- = o o E _ ± 6 ± 6 D « L L 1 U Co L m L g NI Co m S � Packet Pg. 224 15.a T1Af�j� i Consent Calendar co o d d # �= City of San Bernardino J �4 . Request for Council Action 0 a� 0 Date: October 17, 2018 a E To: Honorable Mayor and City Council a From: Andrea M. Miller, City Manage. L By: Trish Rhay, Director of Public Works a Alex Qishta, P.E., Deputy Director of Public Works/City Engineer Subject: Establish Residential Parking Permit Program on Lee Street between Tippecanoe Avenue and Conejo Drive Q T Recommendation Adopt Resolution No. 2018-284 of the Mayor and City Council of the City of San 2 Bernardino, California, amending Resolution No. 3985 entitled, in Part, "A Resolution... Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof..." to ti establish a no parking, except by Permit, at any time zone on Lee Street between Tippecanoe Avenue and Conejo Drive. c CL Q Background The Traffic Engineering Section of the Public Works Department received a petition from residents living on Lee Street between Tippecanoe Avenue and Conejo Drive co indicating they would like a Preferential Parking Permit Zone established on their street. E 100% of the residents on the street have signed this petition. Residents that live on Lee c Street in San Bernardino are experiencing parking problems in front of their homes due a to overflow parking from the new commercial property fronting Lee Street. E L d Discussion a Staff visited the site and met with a complainant. One of the concerns expressed, is a that patrons of the restaurant are parking in front of the homes in this area making on- street parking unavailable to the residents. There are seven residential properties located within the segment of Lee Street between Tippecanoe Avenue and Conejo Drive. To resolve this problem, a "Residential Parking Permit" program was suggested. The program would entail implementing a "No Parking" zone where residents displaying a parking sticker, issued by the Police Department, would be exempt from the parking v, prohibition. However, in order for this type of program to succeed, an overwhelming J amount of support is needed from the affected residents. Consequently, a petition requesting/expressing support for this program was prepared by staff and circulated by a a local property owner. One hundred percent (100%) of the residents and property owners expressed support for the program. E 10/11/2018 4:13 PM Packet Pg. 225 15.a The Police Department has been contacted relative to this request of implementation of L "Preferential Residential Parking Permit" program and is in support of the CO recommendation. J r- Staff presented the proposed "Preferential Residential Parking Permit" program, to the 0 City's Public Safety and Human Relations (PS&HR) Commission at its meeting of 2 September 10, 2018. The Commission has supported the implementation "Preferential o Residential Parking Permit" program on Lee Street between Tippecanoe Avenue and a Conejo Drive. E Q CL 2018-19 Goals and Objectives 0 This project aligns with Goal No. 2: Provide for the safety of City Residents and L Businesses. The project will utilize City programs to reduce crime and ensure that a neighborhoods and business areas are safe. Q Fiscal Impact y The cost to install supplemental signs to identify Lee Street as a permit parking zone and the cost for the permit is $700 and will be funded by existing approved Public y Works budget account 001-402-5011. M cc Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino CO California, adopt Resolution No. 2018-284, amending Resolution No. 3985 entitled, in Part, "A Resolution... Prohibiting Parking Upon Certain Designated Streets, Alleys or c Portion Thereof..." to establish a no parking except by Permit at any time zone on Lee Street between Tippecanoe Avenue and Conejo Drive. w Attachments CO Attachment 1 Resolution E Attachment 2 Vicinity Map c Attachment 3 Petition/Letters of Support a E L Q CL Ward: 3 �c L a Synopsis of Previous Council Actions: • d None .y Q CO Q Q J CL Q E a 10/11/2018 4:13 PM Packet Pg. 226 15.b Resolution No. 2018-284 E P L RESOLUTION NO. 2018-284 0 L a. RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 0 AMENDING RESOLUTION NO. 3985 ENTITLED, IN 0 PART, "A RESOLUTION...PROHIBITING PARKING Y UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR a PORTIONS THEREOF..." TO ESTABLISH A NO . PARKING, EXCEPT BY PERMIT, AT ANY TIME ZONE ON LEE STREET BETWEEN TIPPECANOE AVENUE AND a CONEJO DRIVE a WHEREAS,The Traffic Engineering Section of the Public Works Department received petition T from residents living on Lee Street between Tippecanoe Avenue and Conejo Drive indicating N they would like a Preferential Parking Permit Zone established on their street.; and w co WHEREAS, 100% of the residents on the street have signed this petition. Residents that live on Lee Street in San Bernardino are experiencing parking problems in front of their homes due to r overflow parking from the new commercial property fronting Lee Street. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF a SAN BERNARDINO AS FOLLOWS: Z O SECTION 1. The above recitals are true and correct and are incorporated herein by this -J reference. ii v w SECTION 2. For the purpose of establishing a Residential Parking permit program pursuant to San Bernardino Municipal Code Section 10.16.180, Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section 2-3/4 is amended by . a adding Subsection (12) LEE STREET to read as follows: L N "(12) LEE STREETa. L a. (A) Between Tippecanoe Avenue and Conejo Drive" c SECTION 3. The City Council finds this Resolution is not subject to the California a Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the , co environment. Where it can be seen with certainty, as in this case, that there is no possibility that a� the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. a. Q E Packet Pg. 227 15.b Resolution No. 2018-284 E SECTION 4. Severability. If any provision of this Resolution or the application thereof a, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or a. applications, and to this end the provisions of this Resolution are declared to be severable. L 0 SECTION 5. Effective Date. This Resolution shall become effective immediately. 0 S APPROVED and ADOPTED by the City Council and signed by the Mayor and attested a. by the City Clerk this day of 52018. c a� a� R. Carey Davis, Mayor N City of San Bernardino U) Attest: w co ti U) T-- -W-W Georgeann Hanna, CMC, City Clerk E Approved as to form: a z O J Gary D. Saenz, City Attorney O LU a� 0 L- a.a. E L 0 a. L a. c a� a� co a� a� J a. Q E a Packet Pg. 228 15.b Resolution No. 2018-284 E CERTIFICATION a, 0 L a. STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss E CITY OF SAN BERNARDINO) a of S L I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of a Resolution No. , adopted at a regular meeting held at the day of , 2018 by the W following vote: N a� Council Members: AYES NAYS ABSTAIN ABSENT T MARQUEZ U) w BARRIOS co ti VALDIVIA r -W SHORETT d E NICKEL RICHARD Z O MULVIHILL O co w WITNESS my hand and official seal of the City of San Bernardino this day of 2018. a� 0 L a E L Georgeann Hanna, CMC, City Clerk 0 a L a c a� N a� co a� a� J a Q E a Packet Pg. 229 15.c E 2 VICINITY MAP Im 0 L a. Location of Proposed Residential Parking Permit Program d a a) S L a. Notch Loma Linda ;.,u ci st _ }r d - d E Davidson 5t E Davidson St MA th E °SNitalily �.n Auror,a= W G oulslan S1 C Cora!Tree Ln 00 °4ya! ti v 3 a N c � n = v a E _ U � Sycamore to V � }r Q 1 Harriman P{- _ E Lau,lwood Dr a s 3 E o a E L Q L N 7V No Scale Q a� CITY OF SAN BERNARDINO J PUBLIC WORKS Lee St. Between Tippecanoe Ave & Conejo Dr � DEPARTMENT — Proposed Residential Parking Permit a Program ENGINEERING DIVISION E TRAFFIC ENGINEERING SECTION Q Date- 08/17/18 Packet Pg. 230 15.d 'a 2 Petition to Implement a Residential Parking Permit Program on Lee Street between Tippecanoe Avenue and Conejo Drive — in the Vicinity of the Raising :2 Cane's Restaurant T) We, the residents of Lee Street between Tippecanoe Avenue and Conejo Drive do hereby petition the City of v San Bernardino to implement a"Residential Parking Permit Program"on Lee Street in front of our homes. My LLI signature below ini ales s ,hart dor the i atallatio+i of t e ". es' 1 g ermit" -Wgram. 1 understand that if the program is approved, a"No Parking"zone will be implemented on the street in front of ti our homes. Vehicles displaying a parking permit issued by the City will be exempted from the parking prohibition. The City may issue up to 4 permits per residence. This request is made in order to resolve several concerns associated with parking from the patrons of the nearby Raising Cane's Restaurant. Q v ca Q I M Pro Address Name printf Signature Tel.No. foptionall d E t v ca T44 1144 E.Lee St f LU F- F- LU Hw J 1154 E.Lee St Z O F- P:H 1164 E.Lee St E 1184 E.Lee St E L Q a 1155 E.Lee St �Y1 r d Q .y Q 1165 E.Lee St CO Q Q J a 1185 E.Lee St Q E t v Q Packet Pg. 231 Petition to implement it Residenlial Ive"111 ii I'rov ram on glee Street 'one a Drive in rhe Vi�cinig, of the Raising W between 'fippectlr , `enuar• nn�i ! . Cane's Restaurant T y I t�t11{r1 tht t it vl Wr_ the restdvn" o t ct Stt�`cr 1,,t�►'.�t tipp`CW1L A�'4ni�c tel t �artei�; Ljti�"e � U�rtKh t ca cam, t°tn;t+rtlin.�t,�:m�tGme►tt n"ite;idenA al flaking Permit N,rlsgrartl`"ntt I,w fitr�:wt t*t re�t,t Ott°t'UT! �tt1t v LU . ivcd u"firs l�adcutg'`rfi11c will be implamente d on IN A2rest in trOM' CO CO zt Q? ,-WMA VIPAI i3 thl.-Pnrun s � nur Lnzte,.. ��htc"� displaying a parkin►t pcnnit issued by t , Citi will 6e: exempted Jtestn tltt j►arkirrg jrt�t,a�iti.o the Citymay iswe up to 4 pormsits per resid�emee. This request is made in prdcr icy rcr�i.�:�veral � e�ccertss aszsk-iuted with parking from tits patrons of the nearby Raising Ca►tc'g Rc slattMrtt. Q ca Q i M Q Q LU J 06 Z 1154 h.Lie 91. O .. H H LU E 1164 b.Im St0 a.L L 1184I .IA=S1 _--- _ ..__ — ~r _ a. L 1 a. 1155�.I,cr 5t K 4 th N� '1 N ,,����� Q V I 165 cc 5t L3 A.— w - J a. Q E tISS N.i,.x5t � httM;/Iwil.eoogle-conVmaiVuM#all196517p742c63c9c7?projector-1&messawPardd=t}.1 Packet Pg. 232 15.d Antonio Lugo From: ROGER GAMBOA Sent: Thursday, August 9, 2018 11:51 AM Q To: Antonio Lugo y Subject: Proposal for Lee street T) Hello this is Roger Gamboa property owner of 1185 Lee street J am in favor of havin our street parking w restricted to permit parking only for residents. Please feel free to contact me @ Or Email me Co at as Sent from my T-Mobile 4G LTE Device I M d E t V Q W t— t— W J 06 Z O r= P: w a a� 0 L a E L d a L a d .y d o: Co d d J a d E 0 Q 1 Packet Pg. 233 16.a r- 0 NARpj� y Consent Calendar c U City of San Bernardino 0 •� �a' Request for Council Action Date: October 17, 2018 ti To: Honorable Mayor and City Council Members c CL Q From: Andrea M. Miller, City Manager By: Trish Rhay, Director of Public Works Alex Qishta, Deputy Director of Public Works/City Engineer Q 0 L Subject: Award of Construction Contract for Infill Housing Street and C Sidewalk Improvements Project to All American Asphalt Y 3 Recommendation � Authorize an Award of Construction Contract to All American Asphalt, in the amount of co $1,423,875 for the Infill Housing Street and Sidewalk Improvement project; authorize the City Manager to execute a construction contingency in the amount of $136,125; authorize the Finance Director to amend the FY 2018/19 Adopted Budget to allocate n Measure I Funds to the Infill. Housing Street and Sidewalk Improvement project; and 0 authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Department of Public Works is responsible for maintaining streets citywide. In June 2015, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments a (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments c with RSL between 20 and 10 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with RSL less than 5 y require complete removal and replacement. On June 6, 2017, the Mayor and City Council approved Resolution No. 2018-19 Q adopting the City's final budget document for Fiscal Year 2018/19. The budget included a CIP Project SS19-003 - Infill Housing Street and Sidewalk Improvement project. The a approved budget for the project was $1,170,077 and was funded from CDBG funds. a d E Discussion 10/8/2018 10:40 AM Packet Pg. 234 16.a r_ CIP Project SS19-003 and Plans and Specification No. 13222 was advertised for public 2 bidding on August 23, 2018 and August 28, 2018, in the San Bernardino County Sun L Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America 0 Online, Construction Bid Source, Bid Ocean, the City's websites, and the San 0 Bernardino Area Chamber of Commerce. 3 Sealed bids were received and opened on September 12, 2018; the City received three a bids as follows: 00 ti BIDDER TOTAL != 0 CL Q All American Asphalt $1 ,423,875 Vido Samarzich, Inc. $1 ,442,000 Q Calpromax Engineering, Inc. $1 ,582,320 c CT&T Concrete Paving, Inc. $1 ,965,500 Q E The lowest apparent bidder is All American Asphalt of Corona, California, with a base bid of $1 ,423,875. The City has reviewed all four (4) bid packages and confirmed that Q All American Asphalt is the lowest responsible and responsive bidder. If awarded, y construction is anticipated to begin in December 2018, and to be substantially completed by April 2019. Q L 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 U)clean and attractive and provide This designed for long term economic growth. _ w Fiscal Impact The estimated project costs are summarized in the table below. 3 a Estimated Project Cost L Base Bid Amount $1 ,423,875 0 Construction Contingency $ 136,125 Engineering and Inspections $ 272,000 Q Total Contract Work $1,832,000 a The lowest bid, with project contingency and engineering inspections, reflects a total Q project cost of $1 ,832,000. The CIP allocated $1 ,121 ,947.50 from CDBG funding, a which is insufficient to award the project. Staff recommends amending the FY 2018/19 a Budget by $710,052.50 for the balance of the project costs and funding the difference a from the Measure I Fund (129). The bid is a fair cost for the project and that rebidding is not likely to generate any significant savings. The Measure I Fund has sufficient 0 resources to fund this budget amendment. a 10/11/2018 10:37 AM Packet Pg. 235 16.a r- Conclusion ° It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize an Award of Construction Contract to All American Asphalt, in the amount of $1,423,875 for the Infill Housing Street and Sidewalk Improvement project, 0 authorize the City Manager to execute a construction contingency in the amount of 0 $136,125; authorize the Finance Director to amend the FY 2018/19 Adopted Budget to allocate Measure I Funds to the Infill Housing Street and Sidewalk Improvement project, a and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. co Attachments 0 CL Q Attachment 1 Bid Opening Report & Bid Tabulation for Infill Housing Street and Sidewalk Improvement Project Q Attachment 2 Lowest Bid Form Infill Housing Street and Sidewalk Improvement > Project 0 Attachment 3 Agreement E Ward: All Q co Synopsis of Previous Council Actions: 06-21-2017 Resolution No. 2017- 118 adopted the City's final budget document for Fiscal Year 2017/2018. 0 Q d 05-15-2017 CDBG Action Plan 2017-2018 N a� E .y 3 0 x w E L Q V L 0 U t CL Q v •L Q E Q Q a Q E 0 Q 10/11/2018 10:37 AM Packet Pg. 236 16.b .. 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Uco Q 0 m Qcn Su) c� Q Q a V O � w v co m w Packet Pg. 237 16.c LO co ti CITY OF SAN BERNARDINO N PUBLIC WORKS DEPARTMENT 201 North M"Street San Bernardino,C4 92401 d 909.384.5140 SU germino L 0 ADDENDUM NO. 1 m TO REQUEST FOR BIDS o FOR PROJECT NO. 13222 J INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS >_ To all prospective proposers under specifications for Request for Proposal (RFP) GB 19-005, the 0 Fuel Station Upgrade at City Yard which are to be received by the City of San Bernardino, California until 2:00 P.M. on Wednesday, September 12, 2018, acknowledge receipt of this E Addendum No. 1 and shall submit with your proposal. as The intent of this Addendum No. I is to change the bid opening time y Item No. 1: Q L co Cover Page 0 Page 1, last line: 0 Now reads: _ w Wednesday, September 12, 2018, AT 3:00 PM 3 Shall be amended as foilows: a 0 Wednesday, September 12, 2018, AT 2:00 PM 0 U If you have questions regarding this Addendum, please contact Nadeem Syed, P.E. at(909) 384- 5902 or e-mail at syed_na@sbcity.org. Q ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF THIS ADDENDUM NO. 1 AND SHALL SUBMIT WITH THEIR PROPOSAL L d DATE: September 4, 2018 BY ORDER OF THE CITY OF SAN BERNARDINO a a BY: k Gtsl i= as Alex Qishta, P.E. E Deputy DPW/City Engineer Packet Pg. 238 16.c 00 ti CONTRACTOR'S PROPOSAL N Q E All American Asrhalt _ a Company E L 0 k U- 400 East Sixth Street Address 0 J I Corona, CA 92879 Q E Q 0 CLL 951-736-7 E_600 E .y 267073 State License Number 4 co City of San Bernardino 0 201 North"E"Street San Bernardino,California 92401 0 x Ladies and Gentleman; L Pursuant to the Public Notice inviting bids or proposals, the undersigned declares a that he has carefully examined the location of the'proposed work, that he has examined plans, profiles, and specifications for Project No. 13222, INFILL HOUSING- 2 SIDEWALK AND STREET MPROVEMENTS. And read the accompanying c proposal requirement, and hereby proposes to furnish all materials and do all work v required to complete the said work in accordance with said plans,profiles,specifications, and special provisions for the unit or lump sum price set forth in the Schedule of Work CL Items. a Unless otherwise specified by the Contractor, the listing of an Item No, of Work L shall be conclusive evidence that the subcontractor proposed to perfomr the Item of Work E and shall perform the entirety of the work for that Item No. of Work. a a � a Q I � 1 CP-1 � a Packet Pg. 239 16.c LO CO All persons or parties submitting a bid proposal on the project shall complete the LO following form setting forth the Item Number (as specified in the "Schedule of Work Items"),the name, location, and place of business of each subcontractor who will perform � work or labor or render services to the prime Contractor in or about the construction of the work of improvements, or a subcontractor licensed by the State of California, who, 4 under subcontract to the prime Contractor, specially fabricates and installs a portion of 1 the work or improvements according to detailed drawings contained in the plans and Q i specifications, in an amount in excess of one-half of one percent (1/2°0) of the prime i Contractors total bid, or, if the bid is for the construction of streets or highways, �i including bridges, in excess of one-half of one percent(1/21/o) of the prime Contractor's 'a total bid or ten thousand dollars($10,000.00),whichever is greater. •m 3 I C It is noted that if a Contractor fails to specify a subcontract for any portion of the J work to be performed under the Contract, he shall be deemed to have agreed to perforin - such portion himself,and he shall not be permitted to subcontract that portion of the work E except by written consent of the awarding authority. The requirement of the submission c of this list, the legal consequences for failure of the Contractor to do so, and other Q particular details concerning the same shall be as set forth in the "Subletting and E Subcontracting Fair Practices Act", California Public Contract Code Q 4100, et seq.) to which the bidder is hereby referred. as ! Item ' Name of Firm or Location of Sub-Contractor City of San No. Sub-Contractor Mill,Shop or Classification Bernardino ofOffice Business as Work u _ _-----.____ License No. L _ CO ate-' . _ F I� Svpcv roar c�v� %-bCX 2�'� C-32 J Ct591q5 c v wnrnc�.�4222, � x l € I i U *All Subcontractors are required to obtain a City of San Bernardino Business License j before a Notice to Proceed may be issued. Q � Q The undersigned further agrees that in case of default in executing the required contract with necessary bonds within ten (10) calendar days atter the notice of award of L contract has been mailed, the proceeds of the check or bond accompanying his bid shall E become the property of the City. If the City awards the contract to the next lowest bidder, Q the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned a to the lowest bidder. .. Q i E CP-2 Q Packet Pg. 240 16.c 00 ti The undersigned further agrees to complete the work within. Sixty (60) working days N from the issuance of notice to proceed. Q E Contractor, and any subcontractors utilized, shall be licensed in accordance with 2 the provisions of the Contractor's License Law, Chapter 9 of Division 3 of the State Q Business and Professions Code. Additionally, the Contractor must have, at the time of E bid opening for this project, the following classification(s) of Contractor's license and �0 experience: U_ m { Classification(A) General Engineering Contractor � AND/OR }, Classification(C-8) Concrete Contractor E i d 0 BIDDER'S INTIATED ACKNOWLEDGEMENT OF ADDENDUMS: C f � 0 i09/06/2018 Q ADDENDUM NO.] N0. 1 _DATE:_._ � G � ADDENDUM NO.2 DATE: 0 d d L ADDENDUM NO.3 DATE: co .y ADDENDUM NOA DATE: _ o w 1 � Q L 0 U t CL Q tl � If � v L Q J E a Q CP-3 0 Q Packet Pg. 241 16.c Project No. PROPOSAL PAGE U) 00 t, BIDDING FORM N c INFILL HOUSING-SIDEWALItc AND STR.EETIMPROVEMENTS E Name of Bidder All American Asphalt The undersigned,having examined the proposed Contracts and having visited the site and examined the conditions affecting the work,hereby Q DESCRIPTION �___� __._ _ E NO. _....-._____ _V-_ QUANTITY � UNIT � AMOUNT� SUBTOTAL ti F' 2' Mobilization _ ��-`� �� 1 LS �—Traffic Control Plans �- 1 LS Clearing and Grubing,Unclassified LS 3 Excavationand Unclassified Fill 1 �� ~ �J3 O�- — J Construct Modified 6"PCC Curb with 3' 6 5 4 00 LF 5�• �J3 56O � I Gutter:.er P%ect Plans&kecifications Construct Modified 8"PCC Curb with 3' 5 d Gutter -erProiect Plans&Sj=fications 3,000 LF lD5 CTDO >O E 6 Construct PCC Driveway Approaches per _~` 9 100 SF LP-Z� ♦GjlO�7��� C- Pm-ect Plans and S ecifications _ T Construct PCC Sidewalk Project Plans Y 7 p 3 2�J4 - � and S^ecifications40,000 SF_ _ _ � Construct 72"PCC Cross-Gutter per Project t 8 Plans and-8jimifications 3,600 j SF �Gj- 6L7p 9 Construct PCC Handicapped Ramps per J 28 EA l !_ ProiectPlans and S3ecifications I �f�2� ak lorb- �— 10 Adjust 4"Curb Drain per Project Plans and . c�ficahons 1 EA 5D .S_e Grind Min.2"of Existing Asphalt Concrete I —� �� 11 `pe,Project Plans and Specifications 200,000 SF .�� �D 1 O DD• i ~12 IIAsbalt Concrete Overlay Min.2"of per 2,500 TON (P 21�J a�. Proiect Plans and Srecifications 0(pt Un Installation of Type II Slurry Seal per Project i O 13 �l2-. .'c__�. Plans and Specifications 12000 SF O Installation of Thermoplastic Traffic striping 14 and Pavement Markings per Project Plans 1 LS ���. c and Specifications _ ---� i -a I5 Adjust Manhole Frame per Project Plans and 10 EA �5b • _�� CjDO Specifications -- i Q Adjust Utility Covers per Project Plans and 16 19 S i vcifications 17 f Project Sign 4 BA TOTAL BID ITEMS 1-17(In Figures) O 1'OTAL8ID 1'CE:"1St GooWords) ( - 'CIV I _ Y_Q � g e Q. v, Q Contractor's License Number Date of Expiration 267073 1/31/2020 Q) (Seal-if Bid is by a Corporation) E 1000001051 �� aQ est EdwaaJ-... rson Vic"e P'resi'dent DIR Number AttQ 10%.Bidder's Bond 06/30/2019 a Amount of Certified Check or Bid Bond Date of Expiration IL Owen M. Brown Insyrance Millennium Corporate Solutions Name of Boarding Company t v xC CP-4 Q Packet Pg. 242 16.c LO eo I,- This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid,) c14 NON-COLLUSION AFFIDAVIT To the DEPARTMENT OF PUBLIC WORKS, CITY OF SAN BERNARDINO, STATE OF CALIFORNIA. The undersigned in submitting a bid for performing the following work by contract, being duly sworn,deposes and says: 0 U- That he or she is of the party making the foregoing bid,that the bid is not made in the interest m of,or on behalf of, any undisclosed person,partnership, company, association, organization, c or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and - has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or E anyone else to put in a sham bid,or that anyone shall refrain from bidding; communication, c or conference with anyone to fix any overhead,profit,or cost element of the bid price,or of 0 CL that of any other bidder, or to secure any advantage against the public body awarding the E contract on anyone interested in the proposed contract;or take any action in restraint of free Y competitive bidding in connection with such contract;that all statements contained in the bid 3 are true; and further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof;or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership, company association, Organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I! N All American Asphalt Firm Name _ w Signature of Bidder a Edward J. Carlson, Vice President �. 0 Printed Name and Title v sz 400 East Sixth Street, Corona, CA 92879 y Business Address L Q E County of Riverside Q Place of Residence a Y � NA-1 E ii Q Packet Pg. 243 16.c 00 CALIFORNIA JURAT GOV CODE § 8202 ti snow- FkN y+ C N A notary public or other officer completing this certificate verifies only the identity of the individual who signed the E document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. v tC Q State of California E O UL County of Riverside Subscribed and sworn to (or affirmed) before me on this 11th day of_ September 2018. m Date Month O By (1) Edward J. Carlson J Name of Signer c Proved to me on the basis of satisfactory evidence E 8.ROYSTER be the person who appeared before me Commission#2083832 Z • '° Notary Public-California A (and a Riverside County — My Co1�Ex;lr s Oct 26,2018 Y (2) e of Signer d .y Proved a on the basis of satisfactory evidence b person who appeared before me.) d Coll a� L 4 Signature c Place Notary Seal Above Signature Notary Public U) O OPTIONAL = Though the information below is not required by law, it may prove = valuable to person relying on the document and could prevent c fraudulent removal and reattachment of this form to another document. L Further Description of Any Attached DocumentRIGHTTHUMBPRINT RIGHT THUMBPRINT OF SIGNER OF SIGNER Q L Title or Type of Document Non-Collusion Affidavit O yp Top of thumb here Top of thumb here V Document Date: 9-11-18 Number of Pages: 2 Q. U) Q c Signer(s)Other Than Named Above: None cc L d E Q Q a M E Q Packet Pg. 244 16.c LO 00 ti Subscribed and to (or -affirmed) before me this day of "' # the above proved to me on the basis ati ctory evidence to be the person who appeared before E me. Signed Q Notary Public in and for the County of E 0 U_ State of California. m My Commission expires on _ _ 0 o Year J 3 Q E Q 0 L p Q i E d Q .y Q P CO 0) E .y i 0 W 9 Q V L 0 U t CL u Q v �L Q {}y Q 7 Q a n d i E 6 � NA-2 0 Q Packet Pg. 245 16.c LO 00 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777,1;Public Contract Code Section 6109] The undersigned contractor, certifies and declares that: E 1. The undersigned contractor is aware of Sections 1771.1 and 1777.7 a of the California Labor Code,which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in c violation of certain provisions of the Labor Code,from bidding on,or being awarded,or performing work as a subcontractor on a public works project for specifiedperiods of m time. 0 J 2. The undersigned contractor is not ineligible to bid on,be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing Q provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other > provision of law. o CL E 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: 1 "(a) A public entity,as defined in Section 1100[of the Public Contract y Code],may not permit a contractor or subcontractor who is ineligible to bid or work on,or be awarded,a public works project pursuant to Section Q 1771.1 or 1777.7 of the Labor Code to bid on,be awarded, or perform work as a subcontractor on, a public works project. Every public works co project shall contain a provision prohibiting a contractor from performing 0 work on a public works project with a subcontractor who is ineligible to c perform work on the public works project pursuant to Section 1777.1 or x 1777.7 of the Labor Code. , w fi (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. i A debarred subcontractor may not receive any y public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred c subcontractor by a contractor on the project shall be returned to the v f awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has CL been allowed to work on the project." 0 4. The undersigned contractor has investigated the eligibility of each L and every subcontractor the undersigned contractor intends to use on this public works E project,and determined that none of them is ineligible to perform work as a subcontractor t on a public works project by virtue of the foregoing provisions of the Public Contract q Code,Sections 1771.1 or 1777.7 of the Labor Code,or any other provision of law. a Q E-1 ; 0 Packet Pg. 246 16.c 00 The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this qday of aepte�nber ,2018,at_ Corona _ , California. (place ofof execution) i E I � Signa e c U- _ Edward J. Carlson CO + Name(print or type) o J Vice President— Title a E i d All American Asphalt o Name of company i CL !I E 3 4 d L CO .y O Q L O ' U I /�/� L6 L Q E Q Q a Q E-2 q Packet Pg. 247 1 ti.c LO ao r, LO CITY OF SAN BERNARDINO c14 NON-DEBARMENT CERTIFICATION d E Q E 1. Instructions for Certification. o u- � 00 1. By signing and submitting this proposal,the prospective primary participant is providing 3 the certification set out below. o J 2. The inabilityof a person to provide the certification required below will not necessarily d result in denial of participation in this covered transaction. The prospective participant shall E submit an explanation of why they cannot provide the certification set out below. The fcertification or explanation will be considered in connection with the City's determination o whether to enter into this transaction. However,failure of the prospective primary participant to CL furnish a certification or an explanation shall disqualify such person from participation in this E transaction. 3 3. The certification in this clause is a material representation of fact upon which reliance was Q_ placed when the City determined to enter into this transaction. If it is later determined that the y prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. d P 4. The prospective primary participant shall provide immediate written notice to the City to on whom this proposal is submitted if at any time the prospective primary participant learns that its 0 certification was erroneous when submitted or has become erroneous by reason of changed 3 circumstances. o x 5. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the City or agency (� entering into this transaction. Q 6. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and c Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency V entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. CL Q 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, L ineligible, or voluntarily excluded from the covered transaction, unless it knows that the d certification is erroneous. A participant may decide the method and frequency by which it Q determines the eligibility of its principals. �I Q a Q ND-1 � Q Packet Pg. 248 16.c LO 00 8. Nothing contained in the foregoing shall be construed to require establishment of records in order to render in good faith the certification required by this clause. The knowledge and c14 information of a participant is not required to exceed that which is normally possessed by a r_ prudent person in the ordinary course of business dealings. E M 9. Expect for transactions authorized under paragraph 5 of these instructions, if a participant 0 in a covered transaction knowingly enters into a lower Tier covered transaction with a person Q who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies to the Federal Government, the City may E terminate this transaction for cause or default. c LL 11. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion. :2 STATE OF fJ�Or J o J STATE OF JV I A_ � Q 1 E Q o Edward-J.Carlson being first CL (President or duly authorized Company official) E duly swom deposes and says that he is _ Q Vice President of (official capacity) -- All-American Asphalt with the intention of becoming d (name of company) L co a primary participant on City of San Bernardino Construction. I J Project Infill. Housing-Sidewalk-and Street Improvements- Project No 13222 c (Project Number) _ and that he certifies to the best of his knowledge and belief that said company and its principals: (d) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Q (b) Have not within a three-year period preceding this proposal been convicted of or had a civil li judgment rendered against them for commission of fimud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State or i U 4 = local)transaction or contract under a public transaction of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falaification or destruction of records, making false statements,or receiving stolen property: y Q 1 ® Are not presently indicted for or otherwise criminally or civilly charged by a civ p governmental entity(Federal, State or local) with commission of any of the offenses enumerated in paragraph(b)of this certification:and 4) Q (d) Have not within athree-year period preceding this application/proposal had one or more public Q transactions(Federal,State or local)terminated for cause or default. a d E ND-2 u Q Packet Pg. 249 16.c 00 ti Further affiant sayeth not. 1 5'1gII8tl1I Q E Edward J. Carson, Vice President {Print Name) Q SUBSCRIBED AND SWORN to before me a notary public this o Day of ,20 LL . m Notary Public J r My commission expire - E Q 0 L Q E Q .y Q P co .y 0 W � L d Q 8 �+ V d L 0 U t CL a I � 0 �L Q Q a ND-3 E 0 a Packet Pg. 250 16.c U) 00 CALIFORNIA JURAT GOV CODE § 8202 t; -- = N Q A notary public or other officer completing this certificate verifies only the identity of the individual who signed the E document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. tv Q State of California E O u_ County of Riverside Subscribed and sworn to (or affirmed) before m me on this 11th day of September 2018, Date Month J By (1) Edward J. Carlson Name of Signer B. ROYSTER Proved to me on the basis of satisfactory evidence E Commission#2083832 be the person who appeared before me (.) (,) Notary Public-California x o Riverside County n CL My Comm.Expires Oct 26,2018 (and E (2) -N-,:;Me of Signer d Proved to me on the basis of satisfactory evidence �)e the person who appeared before me.) as as L U) Signature �44 Place Notary Seal Above Signatu f Notary Public N 7 O OPTIONAL = Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. L Further Description of Any Attached Document Q RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER OF SIGNER O Title or Type of Document Non-Debarment Certification Top of thumb here Top of thumb here V t Document Date: 9-11-18 Number of Pages: 3 y Q Signer(s)Other Than Named Above: None 'L Q E Q Q a d E Q Packet Pg. 251 �,. ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES 00 T 951-736-7600 F 951-739-4671 Fk ALL AME RICAN P.O. BOX 2229,CORONA,CA 92878-2229 " N —ASPHALT-- CONTRACTORS LICENSE#267073 AC12 DIR 41000001051 N AN EQUAL OPPORTUNITY EMPLOYER E t V Q O LL m CORPORATE RESOLUTION j O L a E d .y Resolved, that this Corporation, All American Asphalt, on January 15, 2018 authorizes Edward J. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice President. N 3 O x w c L Q -W 0 L O U Michael Farkas �- Secretary �L d Q Q a d E Q Packet Pg. 252 16.c _ n Fidelity and Deposit Company of Maryland o �5 Home Office:P.O.Box 1227.Baltimore.MD 21203-1227 ti a v N BID BOND E KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 Q E L as Principal,(hereinafter called the"Principal"), Ui and FIDELITY AND DEPOSIT COMPANY OF MARYLAND m P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety,(hereinafter called the "Surety"),are held and firmly bound unto City of San Bernardino C J as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN----- Dollars($ 10%OF TOTAL BID PRICE )Jor the payment of which sum well and truly to be made,the said Principal > and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 0- firmly firmly by these presents. a E WHEREAS,the Principal has submitted a bid for Infill Housing-Sidewalk and Street Improvements CDBG#2331 Y cc Project No. 13222 _ d .y cc Bid Date:September 12,2018 L NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract CM with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt c payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter = into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the = penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith c contract with another parry to perform the work covered by said bid,then this obligation shall be null and void,otherwise -a to remain in full force and effect. 3 Q Signed and sealed this 27TH day of AUGUST A.D., L ALL AMERICAN ASPHALT o Prin (SEAL) U - �ip '! = CL It JC`�G.2( lrslJ�vc/ti✓ ttness f�C�- _ Q FIDELITY AND DEPOSIT COMPANY OF MARYLAND L Surety a) E Q By 9QQ (SEAL) ?� Rebecca Haas-Bates Attorney-in-Fact a Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of d Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. 0 BID70000ZZ070If Q Packet Pg. 253 16.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 00ti A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_and not the truthfulness_accuracy or validitv of that document. N d State of California County of Riverside a On September 11, 2018 before me, B. Royster. Notary Public Date Here Insert name and Title of the Officer LL personally appeared Edward J. Carlson and Michael Farkas Name(s)of Signer(s) m O J who proved to me on the basis of satisfactory evidence to be the d 6. RQYSFfR person(S) whose name(s) is/are subscribed to the within instrument � Commission#2083832 > z and acknowledged to me that 4e4he/they executed the same in O Z Notary Public-Galitornia x L z Riverside County ' 4W4;ef/their authorized capacity(ies), and that by his/her/their CL M Comm.E Irks Oct 2t3,2019 r signature(s) on the instrument the person(s), or the entity upon behalf E of which the person(s)acted, executed the instrument. Y I certify under PENALTY OF PERJURY under the laws of the State of Q California that the forgoing paragraph is true and correct. rn WITNESS myoynd ando Icial seal. d Signature L Place Notary Seal Above Signatur f Notary Public +' OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document y and could prevent fraudulent removal and reattachment of this form to another document. p 2 Description of Attached Document = w S Title or Type of Document Bid Bond— Cite of San Bernardino is Document Date: August 27. 2018 Number of Pages: 3 Q Signer(s)Other Than Named Above: _ Rebecca Haas-Bates, Attorney-in-Fact _ Capacity(ies)Claimed by Signer(s) O U Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas ❑ Individual ❑ Individual UCL) X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary ❑ Partner❑ ❑ Limited ❑ General RINT ❑ Partner❑ ❑ Limited❑General L ❑Attorney in Fact OF SIGNER ❑Attorney in Fact d ❑Trustee Top of thumb here Top of thumb here Q ❑Trustee ❑Other: ❑Other: Q a Signer is Representing: Signer is Representing: d All American Asphalt All American Asphalt E Q Packet Pg. 254 16.c U) 00 ti U) N y+ C CAUFORMIA ALL-PURPOSE ACK14OWLE®CiMEXT CIVIL CODE§ 1189 E A notary public or other officer completing this certificate verifies only the identity of the individual who signed the Q document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. I E 0 State of California ) LL County of Orange ) pp On 08/27/2018 before me, Liliana Gomez,Notary Public 0 - — — Date Here Insert Name and Title of the Officer , personally appeared Rebecca Haas-Bates d NameKof SignerN d 0 L r Q who proved to me on the basis of satisfactory evidence to be the person} whose name(. is/am E subscribed to the within instrument and acknowledged to me that he/she/they[ executed the same in '_5 AfWherMiWr authorized capacity I�, and that b hie/her/thsir si nature `° y g �.on the instrument the person(s), � or the entity upon behalf of which the person(5),acted, executed the instrument. d 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph n is true and correct. `c LILIANA GOMEZ Notary Public California y WITNESS my hand and official seal. Orange County v L Commission#2243326 ° My Comm.Expires May 23,2C22 C Signature N Signature of Notary Public o' x w c L Place Notary Seal Above Q OPTIONAL - — Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. c 0 Description of Attached Document V Title or Type of Document: Bid BondDocument Date: 08/27/2018 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Q. U) Capacity(ies) Claimed by Signer(s) Q Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — n Limited ❑General E ❑Individual ('Attorney in Fact ElIndividual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator Q Other: ❑ Other: Signer Is Representing: _ Signer Is Representing: a. Fidelity and Deposit Company of Maryland Q E ©2014 National Notary Association -www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Q Packet Pg. 255 16.c • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President U) may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, ti recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any N time. CERTIFICATE d E I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN 0 CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the 4.1 foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of Q the By-Laws of the Companies is still in force. L O This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of LL Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. 00 3 RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary J and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." E This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of c Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of Q May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a E meeting duly called and held on the 10th day of May, 1990. �c RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a y certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. d d N ESTIM Y WILE OF,I have he�cynto subscribed my name and affixed the corporate seals of the said Companies, N this,Zday of 20� a� E FSC OfPOS/ voINSV�S �7• •� }j°.ro.'�o '4 °d`PQW'aotoiP i war C �O7 SEAL x �*'► 3 te��Ioeeff �* yN11NN.N. L Q V L O U t CL 1 v� Q Michael Bond,Vice President I- Q d TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED E INFORMATION TO: Q Q Zurich American Insurance Co. a Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Q Packet Pg. 256 16.c LO 00 ti LO N Every bid on every public works contract of a public entity shall include a declaration E under penalty of perjury under the laws of the State of California, in the following form: Q 0 u_ NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 'a 00 The undersigned declares: c J I am the Vice President of All American Asphalt the party making the foregoing bid. Z Q The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, E association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has c not directly or indirectly induced or solicited any other bidder to put In a false or share bid. The bidder has Q not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in E a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by Y agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not,directly or indirectly, submitted his or her bid Q price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereto, to y any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or civ entity for such purpose. d L Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint N venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute,and does execute,this declaration on behalf of the bidder. y 3 0 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and = correct and that this declaration is executed on SQPfQrnb¢✓/�oId{date], at = ------Corona [city], California L Q V Signat'uro: c U Title, Edward J. Carlson, Vice President CL Q C 0 L Q E Q Q a Q E 0 Q Packet Pg. 257 16.c U) 00 CALIFORNIA JURAT GOV CODE § 8202 LA N Q A notary public or other officer completing this certificate verifies only the identity of the individual who signed the E document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. Q State of California E u- County of Riverside Subscribed and sworn to (or affirmed) before m me on this 11th day of- September 2018, Date Month O By (1) Edward J. Carlson J 8.ROYSTER Name of Signer a Commission#2083832 Proved to me on the basis of satisfactory evidence E ' '� Notary Public-Calirornia i be the person who appeared before me (.) (,) Riverside county Comm.Ex ires Oct 26,2018CL (and E Y (2) Ns"'e of Signer d .y Proved i-c me on the basis of satisfactory evidence be khe person who appeared before me.) Q as 1 L co Signature Place Notary Seal Above Signatu f Notary Public O OPTIONAL = Though the information below is not required by law, it may prove w valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. L Further Description of Any Attached DocumentRIGHT THUMBPRI14T RIGHT THUMBPRINT OF SIGNER OF SIGNER Q L Title or Type of Document_ Noncollusion Declaration yp Top of thumb here Top of thumb here V Document Date: 9-11-18 Number of Pages: 1 Q Q Signer(s)Other Than Named Above: None L d E Q Q ... ..... — — —mac=_ — .. .. :...—..:: _- _-:.............=ace_.:_--:--'' _ d E Q Packet Pg. 258 16.c U) co ti U) N d ICN-SEGREGATED FACILITUE S CLRTIFICATION 0 FEDERALLY ASSISTED CONSTRUCTION PROJECTS Q 0 The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT: Fn 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her c establishments. 2. Permit his/her employees to perform their services at any location, under his/her control,where segregated facilities are maintained. > 0 L The federally-assisted contractor agrees that a breach of this certification Is a violation of the Equal E Opportunity Clause in this contract. As used in this certification,the term segregated facilities means any Y waiting room,work areas, restrooms and washrooms, restaurants and other eating areas,time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or Q entertainment.areas,transportation,and housing facilities provided for employees which are segregated y by explicit directive or are in fact segregated on the basis of race,creed,color,or national origin, because of habit, local custom, or otherwise. Q The federally-assisted contractor agrees that(except where he/she has obtained identical certifications 2 co from proposed subcontractors for speck time periods) he/she will obtain identical certifications from 0, proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt y from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in c his/her files.' x w NOTE: The penalty for making false statements In offers Is prescribed in 1S U.S.C. 1Col. L Q Date: Project Number: 13222 L Company: All American Asphalt 0 U Address: 400 East Sixth Street, Corona, CA 92879 r Q By: _ 0 Title: Edward J, Carlson, Vice President L Q E Q a. Q E 0 Q Packet Pg. 259 16.c LO co ti LO CERTIFICATION N WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR a SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND E THE FILING OF REQUIRED REPORTS The Obidder,Oproposed sub-contractor, hereby certifies that he/she Whas, Dhas not,participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by �° Executive Orders 10925, 11114, or 11246, and that he/she $ has, Ohas not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal 00 Government contracting or administering agency, or the former President's Committee on Equal 0 Employment Opportunity, all reports due under the applicable filing requirements. Date: Project Number: 132222 E _ ContractAward: $I�2,'� �75 0 Awarding Agency: City of San Bernardino C Contractor Name: All American Asphalt Total Number of Employees 745 3 Affiliate Company: N/A By: _� � Q Title: Edward J. Carlson, Vice President L rn a) E NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contracts 0 and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from = the equal opportunity clause are set forth in 41 CFR 60-1.5(Generally only contracts or subcontracts of$10,000 or under are exempt). — L Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that4l CFR 60-1.7(b)(1)prevents the award of a contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 0 S1-100 fEE01 must be filed bv: V (A)All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964(as amended)with 100 or more employees. Q (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with y another company,or there is centralized ownership,control or management so that the group legally constitutes a single enterprise,and the entire enterprise employs a total of 100 or more employees. (B)All federal contractors(private employers),who: L (1) Are not exempt as provided for by 41 CFR 60-1.5 d (2) Have 50 or more employees,and E Q a, Are prime contractors or first-tier subcontractors, and have a contract,subcontract,-or purchase — order amounting to$50,000 or more;or q b. Serve as a depository of Government funds in any amount,or c. Is a financial institution,which is an issuing,and paying agent for U.S.Savings Bonds and Notes. a r_ Q E 0 Q Packet Pg. 260 16.c U) 00 ti U) N County Lobbyist Certification E Name of Firm: All American Asphalt Date: Address: _ 400 East Sixth Street, Corona, CA92879 T L Telephone: 9{ 51 ) 736 - —7600 L° 'm 3 — ;� 'xfc'reeu J Acting on behalf of the above named firm, as its Authorized Official, 1 make the following certification to the County of Los Angeles, to the Community Development Commission, County of Los Angeles, and to E the City of Diamond Bar, as the local contracting agency(LCA); c L Q 1) It Is understood that each person, entity, or firm who applies for a Community E Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los d Angeles County Ordinance 93-0031)and; 2) That all persons/entitles/firms acting on behalf of the above named firm have and will comply with the County Code, and; d L co 3) That any person, entity, or firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity c x acting on behalf of the named firm falls to comply with the provisions of the County Code. _ w L Q This certification is material representation of facts upon which reliance was placed when this transaction was made or entered into. E 0 Authorized Official: Edward J. Carlson o��-_ �L-G._.- Q (Pdnt Name olCon&w4oes Authorized Repvmsentadtve) gnaWM ofHedor s Authorized Represenjjh - `- t4 Vice President 9il�a�`�/ Q _ (7789) __ { teJ_ _ E Q Q a Q E 0 Q Packet Pg. 261 16.c U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 423OA7 Co REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBARwyarNuntw25M-Mll (Exp.0113112010) 1. FROM(name and address ofrequesting agency) 2. PROJECT NAME AND NUMBER N C City of San Bernardino INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS d PROJECT NO. 13222 E t I _ � m 3. LOCATION OF PROJECT(City.County and State) Q San Bernardino L 4:-BRIEF DESCRIPTION OF PROJECT S. CHARACTER OF CONSTRUCTION O LL Infill Housing-Sidewalk and Street Improvements Building ❑ Residential m ❑ Heavy ❑ Other(specify) ❑ Highway c J 8. WAGE DECISION NO.(Include mcdficatlon number,If any) _____r7. wAGE DECISION EFFECTive DATE , N ❑ COPYATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES 0- BASIC BASIC WAGE FRINGE BENEFITS)(if any) E M Information Upon Award y d L co CM N 9. PRIME CONTRACTOR(name,address) 10. SUBCONTRACTORIEMPLOW11.IF APPLICABLE(name,address) 0 All Ameircan Asphalt = 400 East Sixth Street Corona, CA 92879 — Check All That AP�Ip: a ❑ The work to be performed by the additional clessificatlon(s)Is not performed by a classification in the applicable wage decision. m ❑ The proposed classification is utilized In the area by the construction industry. ❑ The proposed wage rate(s),Including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in O the wage decision. V ❑ The interested parties,including the employees or their authorized representatives,agree on the classification(s)and wage rate(s), m ❑ Supporting documentation attached,including applicable wage decision. Q. — - - _ - _ --- rn ,Check One• ❑ Approved,meets all criteria. DOL confirmation requested. L ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONL" Q LR2000: — Q Agency Representative Date a. (T)ped name and algnahn) Log in: Log out: Phone Number v HUD-UM(M)PftMOU8 EDmON Is OMLETE Q Packet Pg. 262 16.c LO 00 ti LO N Q E t EQUAL EMPLOW41E IT OPPORTW41TY COMMITMENT a E TO: Laborers International Union Local 1184 L° (Name of Labor Unlon,Workers Represent0ve,eta m 1128 E. La Cadena Drive, Riverside, CA 92501 c (Address} J d) E Name of Business(Contractor): _ All American Asphalt -R c Project Name FILL HOUSING-SIDEWALK AND STREET IMPR¢J/rEOJec Number: 13222 CL r E The Undersigned currently holds a contract with City of San Bernardino , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246,the undersigned is obligated not to discriminate against any employee or applicant for employment because of race,color, religion, sex or national origin. This obligation 2 not to discriminate in employment includes, but is not limited to the follow: co 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment,advertising or solicitation for employment; _ 3. Treatment during employment; w 4. Rates of pay or other forms of compensation; S 5. Selection for tralning, including apprenticeship; and 6. Layoff or termination. a This notice is fumished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous c places available to employees or applicants for employment. CL Edward J. Carlson By: ,, _. �(�„ttriu■o<e) _.._ (sf�atura) tv L Q E a T Vice President a (Date) (1It[e} a Q E a Packet Pg. 263 16.c LO 00 ti LO N Q E t EQUAL EMPLOYMENT OPPORTUNITY COMII►1lITPAENT a E TO: Cement Masons Local 500u__ (Name of Labor Unlon,Workers Rspresentative,etc. 'a m 1605 N. Susan Street, Santa Ana, CA 92703 J (Address) E Name of Business(Contractor): All American Asphalt NNQS c Project Name:FILL HOUSING-SIDEWALK AND STREET IMPR(�/rEojec Number: 13222 CL E The Undersigned currently holds a contract with City of San Bernardino , involving 3 funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract,and in accordance with Executive Order 11246,the undersigned is obligated not to discriminate against any employee Q or applicant for employment because of race,color, religion, sex or national origin. This obligation 2 not to discriminate in employment includes, but is not limited to the follow: co as s= 1. Hiring, placement, upgrading, transfer or demotion; ; 2. Recruitment,advertising or solicitation for employment; _ 3. Treatment during employment; _ 4. Rates of pay or other forms of compensation; S 5. Selection for training, including apprenticeship; and 6. Layoff or termination. a This notice Is fumished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. CL Edward J. Carlson By: �� s= V L Q E a 9b Vice President a (Data) (Tdo ' a s= Q E I a Packet Pg. 264 16.c LO 00 ti LO N Q E t EQUAL EMPLOYMENT OPPORTUN41TY COMMITMENT ENT a E TCS: International Union Of Operating Engineers Local 12 t° (Name of Labor Union,Workers Representative,etc. 'a m 150 E Corson Street, Pasadena, CA 91103 J (Address) E Name of Business(Contractor): All American Asphalt N c Project Name:FILL HOUSING-SIDEWALK AND STREET IMPR roJ@CITrumber: 13222 CL The Undersigned currently holds a contract with City of San Bernardino _ , involving 3 funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246,the undersigned is obligated not to discriminate against any employee Q or applicant for employment because of race,color, religion,sex or national origin. This obligation 2 not to discriminate in employment includes, but is not limited to the follow: co as s= 1. Hiring, placement, upgrading, transfer or demotion; ; 2. Recruitment,advertising or solicitation for employment; _ 3. Treatment during employment; _ 4. Rates of pay or other forms of compensation; S 5. Selection for training, including apprenticeship; and 6. Layoff or termination. a This notice is furnished to you pursuant to the provisions of the above contract or subco►it-act and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. CL Edward J. Carlson By: Nari ; L Q E a Vice President �� a (Data) a s= Q E a Packet Pg. 265 16.c U) co FEDERAL LOBBYIST CERTIFICATION N Name of Firm: All American Asphalt E Address: 400 East Sixth Street, Corona Q State: _ CA Zip Cade: 92879 Telephone Number: (951 ) 736-7600 � E 0 U_ Acting on behalf of the above named firm,as its Authorized Official, I make the following Certification to the U.S. 00 Department of Housing and Urban Development and the Community Development Commission, County of Los 0 Angeles. 1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any E person for influencing or attempting to influence an officer or employee of any agency,a Member of > 0 Congress, an officer or employee of Congress, or an employee of a Member of Congress in CL connection with the awarding of any Federal contract, the making of and Federal grant, loan or E cooperative agreement, and any extension, continuation, renewal, amendment, or modification 0 thereof, and; Q .y 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency,a Member of Congress 0 an officer or employee of Congress or an employee of a Member of Congress in connection with this 2 co Federal contract,grant loan, or cooperative agreement,the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and; o x 3) The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly. Q _ E This certification is a material representation of fact upon which reliance was placed when this transaction was v made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be CL subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 0 Authorized Official: L Q Edward J. Carlsonsy: a (Cavia=/Bub=tractar) igaatute) Q a Vice President (Date) (rifle] - Q 0 Q Packet Pg. 266 16.c LO 00 SECTION 3 CLAUSE (All Section 3 covered contracts shall include the Section 3 Clause) N Section 3 Clause E a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.G. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. I Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered c by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, U_ particularly persons who are recipients of HUD assistance for housing. m b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which c implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify _J that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. Q c. The contractor agrees to send to each labor organization or representative of workers which the 0 contractor has a collective bargaining agreement or other understanding, if any, a notice advising the Q labor organization or workers' representative of the contractor's commitments under this Section 3 >_ Clause, and will post copies of the notice in conspicuous places at the work site where both employees Y and applicants for training and employment positions can see the notice. The notice shall; describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Q apprenticeship and training positions, the qualifications for each, and the name and location of the y persons)taking applications The each of the positions, and the anticipated date the work shall begin. 0 d. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with d regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable 2 provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in co violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR Part 135. 0 M e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed,where not filled to circumvent the contractor's obligations under 24 CFR Part 135. a f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 0 g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent CL feasible; (I) preference and opportunities for training and employment shall be given to Indiana, and(ii) a preference In the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in d derogation of compliance with Section 7(b). E a o_ Q E 0 a Packet Pg. 267 16.c U) 00 A Section S Responsive bidder Is a bidder that submits a Section 3 Business Certification form with the bid,and Fk 1. Ouglifles as a Section 3 Business concern because the business N ,Is 51%owned by low-income resldents,or d -30%or more of Its permanent full-time employees are low4ncoms residents,and E -Provides the Section 3 Resident Certification form(s)for each qualified employee. -OR- Q 2. Makes a wri en commitment by submitting a Section 3 Economic Opportunity Plan with their bid indicating that the bidder will: 0 LL -Hire at least 30%aggregate new-hires that are qualified low-income residents,and -Provide the Section 3 Resident Certification(orm(s)for each Section 3 new-hire,or m .Subcontract 25%or more of the bld amount to qualified Section 3 Business Concern(s),and 0 -Ensure that the Business Conoem(s)provide Section 3 Resident Certification form(s)for each ' qualified employee. d NOTE:If the contract is awarded based upon the written commitment,the contractor will be responsible to E document all efforts made to recruit Section 3 resident new-hires. Additionally,the recipient of a Section 3 0 contract who commits to the Section 3 goal is required to submit a Section 3 Summary Report by July 1 0' and/or with their final Certified Payroll Report submission. E E First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment,training and subcontracting opportunity goals by submitting a written commitment(Economic Opportunity Plan). y A Section 3 Non-responsive bidder Is a bidder that: 0,Falls to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response,or d L !s Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response. � E However.If the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable(not within the Zone of Considera(fon), E as defined below,the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder. 0 2 A REASONABLE bid is a bid that Is not more then the value of'X"higher than the LOWEST BID, c 1. The actual dollar amount of bid received from any responsible bidder,PLUS 'a 2. The"X"FACTOR,which is the lesser of, 3 a. The dollar amount of the required percentage listed on the chart below of the Bid submitted,or Q b. The actual dollar amount listed on the chart below. 3. Equal the MAXIMUM ACCEPTABLE BID. 0 ZONE OF CONSIDERATION � If the Lowest Bid Is The"X"FACTOR At Least But Less Than is the Lesser than Q $100,000 N/A 100/0 I $9,000 ' 0 $100,000 $200,000 f 9% $16,000 v $200,000 $300,000 8% $21,000 as $300,000 _$400,000 7% $24,000 $400,000 $500,000 67o $25,000 Q $500,000 $1,000,000 5% $40,000 $1,000,000 $2,000,000 40A $60,000 a. $2,000,000 $4,000,000 3% $80,000 $4,000,000 $7,000,000 2% $105,000 Q $7,000,000 1.5% v n� Q Packet Pg. 268 16.c co ti to KOTICE OF SECTION S COMMITMENT N E 0 TO: Laborers International Union Local 1184 a (Name of t.ebor Unlon,Workers Representative,etc. ' E 1128 E. La Cadena Drive, Riverside, CA 92501 _ �0 (Address) �`— - � m Name of Business(Contractor): All American Asphalt 0 --- - , INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS Project Name: Project Number: 13222 E a� 0 The Undersigned currently holds a contract with i_E�_o f Sa r,3P r-n I.nc) involving Block Grant(CDBG)funds from the U.S.Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. 3 You are advised that under the provisions of the above contract or subcontract and in accordance Q with Section 3 of the Housing and Urban Development Act of 1968,the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income cc residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. ;v Regarding employment opportunities for Section 3, the minimum number and job titles are: I Minimum _ Job Classificatio3 Number _ n f = j Laborers Q Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is TBD For additional information,you may 0 contact Edward J. Carlson Vice President at t q-T/ '? 73 to--7 la o c� = � 0. This notice is fumished to you pursuant to the provisions of the above contract or subcontract and a Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be Posted by the undersigned in conspicuous places available to employees or applicants for employment. E Edward J. Carlson By, lPria Vice President a Q E Packet Pg. 269 16.c co ti to (NOTICE OF SECTION 3 COMMITMENT N E V TO: _Cement Masons Local 500 Q • (Name of Labor union,Workers Representative,etc. ' E 1605 N. Susan Street, Santa Ana, CA 92703 0 (Address) LL m Name of Business(contractor): All American Asphalt � � 0 INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS Project Name: Project Number: 13222 B ai The Undersigned currently holds a contract with C,by oS- San e.-n�d'� a involving Block Grant(CDBG)funds from the U.S.Department of Housing and Urban Development E or a subcontract with a prime contractor holding such contract. Y 3 You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968,the undersigned is obligated to y the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. L Regarding employment opportunities for Section 3, the minimum number and job titles are: a, Minimum _ Job Classification _ .� __ o Numb O Cement Masons _ f Q Regarding job referrals, request that consideration be given, to the greatest extent feasible, to 0 assignment of persons residing in the service area or neighborhood in which the project is located. 12 c The anticipated date the work will begin is TBSFor additional information, you may v contact Edward J. Carlson Vice President at(6) S I 1 `��n — L(n c - -nw—aeonsame - ,. � This notice is furnished to you pursuant to the provisions of the above contract or subcontract and a Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted c by the undersigned in conspicuous places available to employees or applicants for employment. B Edward J. Carlson / �Bmtme) Q Vice President a. (nei) (r9e) Q E Q Packet Pg. 270 16.c co ti to NOTICE OF SECTION S COMMITMENT N E V TO: International Union of Operating Engineers a (Name of Labor Unkm,Workers RVresentoUve,ett 150 E. Corson Street, Pasadena CA 91103 �° (Address) — LL m Name of Business(contractor): All American Asphalt 0 --�— , INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS Project Name: Project Number: 13222 E 0 The Undersigned currently holds a contract with �': �_ r, s X,r,' ,-, ;�n, 0 involving Block Grant(CDBG)funds from the U.S.Department of u g and Urban Development or a subcontract with a prime contractor holding such contract. 3 You are advised that under the provisions of the above contract or subcontract and in accordance � with Section 3 of the Housing and Urban Development Act of 1968,the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. ;v Regarding employment opportunities for Section 3, the minimum number and job titles are: c I Minimum U' Number Job Classification o' , 2 _gperating Engineers _� c a Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. 12 c The anticipated date the work will begin is TBD 0 For additional information,you may Contact Edward J. Carlson Vice President at(951 y 736-7600 = yea.��a=.tee � U) This notice is fumished to you pursuant to the provisions of the above contract or subcontract and a Section 3 of the Housing and Urban Development Act of 1968.Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. E Edward J. CarlsonBy: err—> a. Vice President E Packet Pg. 271 16.c co ti to CNI SECTION 3 ECONOMIC OPPORTUNITY PLAN E 1. Name and Address of Reporting Entity 2. Federal Identification:(ConiracNAward No.) 3. Dollar Amount of Award: (Recipient,Sub-recipient,Contractor,Subcontractor) 95-2595043 All American Asphalt 4. Contact Person: S. (:'hone:(Include Area Code) Q 400 East Sixth Street Edward J.Carlson Vice President _ 951-736-7600 ' Corona, CA 92879 6. Reporting Period: 7. Date Report Submitted c LL 8. Program Code: (Use a separate sheet for each Program Code) .a m Program Codes O 1. FkWbis Subsidy 2. Section 2021811 3. Publicllndien Housing Development,Operation and Modemlzallon 4. Homeless Assistance 5. HOME J G. HOME-State Administered 7. CDBG—Entitlement 8.CDBG-State Administered 8. Other CD Programs 10. Other Housing Programs C N Part I: Employment and Trainin Commitment E JOB TOTAL SECTION 3 %of Aggregate Hires 0 CLASSIFICATION NEW HIRES NEW HIRES Who are Section 3 Residents CL Professionals % Y Technicians % d Ofce/Clericai % y Trade: Laborers 0 0 0 L Trade: Cement Masons 0 0 0 CO) CM Trade: Operating Engineers 0 1 0 0 % Trade: % 0 0 - x Total: 0 0 0 % w L PartII: Contract Award Commitment to Section_ 3 Businesses (subcontractors,suppliers,Vendors,or Service Providers) Q NAME OF SPECIFY CONTRACT v SECTION 3 BUSINESS CONCERN f CONSTRUCTION OR lI NONCONSTRUCTION CONTRACT $ AMOUNT $ UaO $ N/A $ COcvLo $$ _ $ a TOTAL $ q a. Percentage of the total dollar amount to be awarded to Section 3 Business Concerns: % ; Q E a Packet Pg. 272 16.c LO 00 ti LO N Q A Section 3 mesponsive bidder who commits to hire Section 3 Residents by directing employment and training E opportunities towaid low-and very low-income person particularly those who are recipients of govemment assistance forhousing,may use anycombination of outreach et 8 to meet ft Section 3 commitment made 0 when a Section 3 Economic Opportunity Plan has been submitted. Q REMEMBER:All employees of a businessifinn count toward meeting your Section 3 compliance goals.— Section 3 New Hires do not have to be construction workers,they just have to be a part of your permanent, 0 full-time staff. u. m SAMPLE OUTREACH EFFORTS FOR CONTRACTORS c SEEKING SECTION S RESIDENT EMPLOYEES � • Enter into°first-source"hiring agreements with organizations representing Section 3 residents, E Q such as Work Source or a local Workforce Investment Board. For more information, visit > 0 hhp:i/www.calwla.org/i kla/index.cfm CL E • Sponsor a HUD-certified"Step-Ure employment and training program for Section 3 residents. Q • Advertise trainingand employment itions b distributing �' positions y g flyers (Notice of Section 3 � Commitment or other flyer that identifies the positions to be filled,the qualifications required,and 0 where to obtain additional information about the application process)to every occupied dwelling L rm unit in the housing development(s)adjacent to the project site, co ar • Post training and employment position flyers in public housing developments,offices of the local 0 0 government,and other conspicuous places. _ w • Contact State-approved apprenticeship programs to gain access to potentially low-income residents who are actively seeking job-placement and training. For more information on local a apprenticeship programs,you can visit the California Department of Industrial Rebtlons,database of local apprenticeship programs by visiting htt� t/, it ca,govid2tabaesidaslai7s:art.asi `4 0 U • Contact agencies administering HUD Youthbuild programs,and requesting their assistance to recruit current HUD Youthbuild program participants who are in need of permanent placement. sz Q • Advertise any positions to be filled through the local media, such as community television networks,newspapers of general circulation,or commonly-used job placement websites such as www..mynster.co,_„�n. Q Q a d E 0 Q Packet Pg. 273 1 ti.c LO co ti 2016 RESIDENT CERTIFICATION (Sedon 3 of the fiousfng d Urban Deve#mentAd ori968,as amendooy c14 Q Name: All American Asphalt Address: 400 East Sixth_Street, Corona, CA 92879 Q I hereby certify that I am: E L ❑ A POW Housing resident(specify the Nems of bre Public Housing site); ti m ❑ A low-income resident of the metropolitan area of Los AngeleslOrange County,based on the foilowing; c Check your Family Size and gross annual Income(from ail sources)below: J FAMILY SIZE INCOME LIMITS Q 1 ❑ S`18.21010$30,30 ❑ $30,40D to$48,649 ❑ $48,65D or more ❑ d 2❑ $20,850 to$34,749 ❑ $34,75D to$55,599 ❑ $66,600 or moro[] 0 3D $23,460 to$39,D99 ❑ $39,100to$62.549 ❑ $62,550 or more D CL 4❑ $26,050 to$43,399 ❑ $43,400 to$69AS9 ❑ $6$,450 4r mere E S 0 $28,440 to$46,999 ❑ $46,900 to$75,049 ❑ $75.050 or more❑ 6❑ $32,580 to$60,349 ❑ $5D,350 to$80,699 ❑ $00,600 or more ❑ y 7❑ $36,730 to$53,849 ❑ $53,850 to$80,149 ❑ $86,195 or mora❑ s❑ $40,990 to$57,299 ❑ $57,300 to$91,699 ❑ $91,700 ormrse D CX Not a public housing or low-income resident of the metropolitan area of Los Angelas/prange County. L E_dvard_J..0 cis ony Bice Presidents _ N .y - o x THIS SECTION MUST BE COMPLETED BY THE EMPLOYER The above-named person is; []a permanent full-time ❑new-hire employee,who was hired on: This person's Work ClessifIcation is: ca 3 BusMess Nance Print Mame ofOwnsdAgear Signahae ofCme#Agent D L C U THIS SECTION MUST BE COMPLETED BY THE LOCAL CONTRACTING AGENCY(LCA) r4 _- x - CL Q Name ofLC4 ProJectName Proled Number s= Income Level: ❑Extremely Low ❑IAw ❑Moderate L []Not Income qualified for the following reason(s): Q Preference Category: ❑Tmgp,W ServiceAree(Provide Census Tract and Blodc Group) _ Q ❑Youth Build Program DMdGnneyHomeless Program [30therqualified Program: Q it Name of Secfion 3 CoordMataF Slosture pate d Q E t V t4 Q Packet Pg. 274 16.c LO co ti LO N SECTIO 3 BUSINESS CERTIFICATION PO E a Business Name: All American Asphalt L 0 Business Address: 400 East Sixth Street U_ Corona, CA 92879 m 3 0 J Telephone Number: 951-736-7600 Contract/Bid Amount: $Ix g? . E Q 0 L Q 1. The above mentioned business firm is a Section 3 business concern based on the followingE qualifications: Y ❑ 51-percent owned by Section 3 Residents d (Submit Resident Certifications with this business certification form) rn ❑ At least 30-percent Permanent,full-time employees are Section 3 Residents Total Number of all full-time employees ,Number of Section 3 qualified Employees d (Submit the Resident Certification form(s)with this Business Certification form) co .y Z. The above mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goal: 0 x ❑ Written Commitment(Section 3 Economic Opportunity Plan), outline intentions to: Hire Section 3 qualified residents at least 30-percent aggregate new hire positions, and/or Subcontract 25-percent or more of the contract amount to Section 3 qualified business concerns. a THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND coRRECT L Signature of Owner/Principal Date � Edward J. Carlson, Vice President :z a All American Asphalt _ 267073 Business Name License Number L Q E a a To Be Completed by Local Contracting Agency a Preference Category:dTargeted Service Area cYouthbuild oOther - Census Tract Number: Q E 0 a Packet Pg. 275 16.c co P. to SECTION 3 ECONOMIC OPPORTUNITY REPORT N fractorOSubcontrador: Cont ctAmaunt /,�Re porting Period E All American Asphalt i $ 142S Oltj . 1 FROM TO � Busin gdIMs: _ Street Name lofOwne orAuthorized Agent W — j`Q`nature0wnerarAuviorkedAgent Q �0 East Sixth Street t( Corona, CA 92879 Edward J.Carlson,Vice President I I ocl Contracting Agency(LCA}: 5edon 3 Caordinetar. TelephorraNumt�er. E L I i Joanna Mendoza i 951-736-7600 ti r CDBG fasted Num6e�f P�afect Name; !ProJed loCaVon� 2331 INFILL HOUSING-SIDEWALK AND STREET IMPROVEMENTS I m 0 J Employment Accomplishments(atiachcompleted ResrdW ce►dficalm br utoreach new hire) , Inaorna "_ _ � TOTAL area N WORK CLASSIFICATIONS NEW HIRES Naw blies i Efforts made to generate economic opportunities i proiesdorrels ❑Advertised through local media,television,radio,newspaper o i ❑Signs prominently displayed at the project site 0- rectrnktarx �~ ❑Contacts with community organizations E ❑other_ Trade: TBD Barriers encountered in meeting goals d Trade: I ❑No jobs were available during this reporting Trade; f g ng Period. � y _ ; ❑�ttler S= Totals: d N Minimum goal Is 30%of the total naw hires co The"to date'percentage of aggregate new hires who are Section 3 qualified residents that were hired for this project is: N/q % c N 0 Subcontracting Accomplishments(attach a completed Budrms Certfi*rcallon form and capWng Rardent Cerifflcagan forms) 2 SECTION 3 quabifed BUSINESS NAME Type of Contract Supporting Documentation Performance CONTRACT 130onsWolon or ❑Business Certification ❑Responsive to 5ecim 3 requirements pNon-Construction ❑Resident Certifications ❑Nat_Re.,Mronaive $ OConstruction or ❑Business Certification ❑Responelve to Secen 3requirements TBD ❑Nan-Construction ❑ResidentCertfications —�❑Nan-R85pc>�ivs _ $ Q __ ❑Construction or 1❑Business certification ❑Responsive to Seca 3 requirements j❑Non-Construction ❑ResidentCertifications _ 12knAwori _ $ tLC Subtotal of"to date"Secdon 3 subcontract dollars $ Non-SECTION 3 BUSINESS NAME Type of Contract 0 ❑Conshvcticn or _. ❑Non Canstrac6on $ i❑Construction or TBD _ — _ ❑Non-Con*uetion $ C Subtotal or°to date"non-Section 3 subcontract dollars $ Q c ns Total"to date"subcontracting dollars: $ T � _. Q Minimum Goat is 25%of the total suhcontracbg dollars — Q The lo date"percentage of the amount of the total subcontracts awarded to quallfied Section 3 Business Concerns is:( °fo L a ❑ Check this bw(HO fs your Final Report and subn*N with your find Certlffed Payroll Report `1"' "�t)RT sigr,rrn,of,�ti ori{ed�ekrare„rr�va E Edward 3. Carlson,Vice President ro Q Packet Pg. 276 16.c $F�14AR�� Contractor Name: All American Asphalt Bid Date: 09/12(o,2:OOPM Job Name: Infill Housing-Sidewalk and Street Improvement 00 DBE Business Contact Log PART I cm 0 • for Documenting Contact with: Federally Funded Date Time Mode of Phone Results of Company Contact Person Q Contact or Fax(if fax was sent) Conversation 0 LL m 0 J C N N O L Q 8/3012018 8:OOAM-4PM Advertise Californiabids.com Advertise See Attached-Ad#88611 E cc 8/30/2018 8:OOAM-4PM Advertise Classifiedads.com Advertise See Attached-Ad#366402505 0 8/31/2018 3:OOPM FedEx International Union of Operatingng. Sent Letter-See Attached y 8/31/2018 3:OOPM FedEx Laborers'International Union of North America Sent Letter-See Attached cc d 8/3112018 3:OOPM FedEx Cement Masons Local 500 Sent Letter-See Attached L 8/31/2018 9:30AM-11AM Emailed Voltaic Electric Oscar Emailed-See Attached 813112018 9:30AM-11AM Emailed H&H Industries Harold Emailed-See Attached o 2 8/31/2018 9:30AM-11AM Emailed Blitz Concrete Evette Emailed-See Attached w S 8/31/2018 9:30AM-11AM Emailed Contractor Com fiance Services Kimberly Emailed-See Attached 3 8/31/2018 9:30AM-11AM Emailed All For 1 Engineering&Survqying SurveyingMatt Emailed-See Attached Q 8/31/2018 9:30AM-11AM Emailed Enviromental Remediation Service Thien Emailed-See Attached c O 8/31/2018 9:30AM-11AM Emailed Hoffman Concrete Co.,Inc Dean Emailed-See Attached V 8/31/2018 9:30AM-11AM Emailed Housing Authority of the County of San Bernardino Emailed-See Attached C U) Q 8131/2018 9:30AM-11AM Emailed Home Economic Development A enc Emailed-See Attached c 8/31/2018 9:30AM-11AM Emailed San Diego HousingDevelo ment Emailed-See Attached d — — E Q Q a d E Q Packet Pg. 277 16.c C f RONALD J.SIKORSKI Business Manage and Genera!Vice Presia LO INTIERNATIONAb UNION 03F ti OpIMP�kA711NCG �NIIN19TE E September 6, 2018 a Kenona Holmes c Public Works Contract Administrator U_ ALL AMERICAN ASPHALT m P. O. Box 2999 c Corona, CA 92878-2229 RF: INFILL HOUSING-SIDEWALK AND :STREET IMPROVEMENTS E CC# 13222, CDBG No. 2331 c CITY OF SAN BERNARDINO Q E Dear Sir or Madam: 3 as The practices and policies of this Union prohibit discrimination on the grounds of race, color, sex,religion, y age, national origin, ancestry, or disability, and this Union will cooperate,to the extent it can legally do so, in the implementation of the policies and provisions of the Equal Employment Opportunity Commission. as as L The Union agrees that recruitment,employment,and terms and conditions of employment in each collective co bargaining agreement to which the Union is a party, shall be in accordance with these policies and 0 provisions. The Contractor and the Union will not discriminate against any person with regard to employment c or Union membership because of his or her ancestry,age(40 and above),color,disability(physical and mental, _ including H.I.V. and AIDS), genetic information, gender, gender identity, gender expression, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, national origin(includes language restrictions),race,religion(includes religious dress and grooming practices), a sex (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), sexual orientation and hereby declare their acceptance and support of existing laws. This shall apply to hiring, placement, training 2 during employment,rates of pay or other forms of compensation,layoffor termination and application to Union v membership. = If your affirmative action program requires that you employ more minority or female workers,please advise a the dispatch office when placing your order, and we shall make every effort to accommodate your needs. L Very truly yours, 9 a Ronald J. Sikorski, Business Manager 1. U. U. E., Local Union No. 12 and General Vice President RJS:cf L-123, Rev. 7/13/16 Packet Pg. 278 150 EAST CORSON STREET P.O.BOX 7109 • PASADENA,CA 91109-7209 9 TELEPHONE(626)792-8900 .yrs 16.c ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES " °° T 951-736-7600 F 951-739-4671 ti ALL AME RICAN P.O. Box 2229,CORONA,CA 92878-2229 ASPHALT CONTRACTORS LICENSE#267073 A,C12 y AN EQUAL OPPORTUNITY EMPLOYER DIR#1000001051E t V t4 a+ a+ August 30, 2018 Q 0 U- International Union of Operating Engineers Local 12 150 E. Corson Street m Pasadena, CA 91103 0 J AGENCY: City of San Bernardino Q E d PROJECT: Infill Housing-Sidewalk and Street Improvements Project No 13222, CDBG No. 2331 0 L Q BID DATE: September 12, 2018 @ 2:OOPM E Dear Sir/Madam: d .y All American Asphalt is bidding on the above noted project on September 12, 2018 at 2:00pm. This project is a Federally Assisted Contract. Q P The Federally Assisted Contracts regulation compliance requires that contractors to the greatest co Extent feasible to hire Section 3 HUD subcontractors and suppliers for the project in the City of San Bernardino, CA.We are asking for your cooperation in using your best efforts to dispatch Section 3 HUD Subcontractors and Suppliers from your union. _ Please keep this letter on file. When we request that workers are dispatched to a the job,we would Appreciate your assistance in helping our company and the City of Upland, to meet the Section 3 HUD Good 3 Faith participation Q L Sincerel , 0 U t CL Kenona Holmes Q Public Works Contract Administrator 0 All American Asphalt L 400 East Sixth Street E Corona, CA 92879 Q (951) 736-7600 Ext 236 q a Q E 0 Q Packet Pg. 279 8/31/2018 FedEx Ship Manager-Print Your Label(s) 16.0 O ccs c = O''c ZO "r--;o Z5 � ''19-9 � i--- �;o m z� y = c O 0n cp�nyz COd _ _ __ o y m � y m" o5oo ia w - — CD 0 n N Z uNwQ c� wa � z m= dnao p z n z Cf) -n rn Q oo - - - - -_ -� C , 0 - — = T� o L � o ED mT> LLLL m m o c _ o m o �_ rn T z Z W --'i . —1 m m o - - E D6n d CCO " m �W; o y rn o m CL W m Y > J182118081501uu ® 552J1M091DCA5 .y Q P V) E After printing this label: y 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. C 2. Fold the printed page along the horizontal line. _ 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. _ 4- Warning: Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in E additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not ca be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, Q unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales,income interest, profit, attorney's fees,costs,and other forms of damage whether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is$1,000,e.g.jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current V FedEx Service Guide. t CL Q ca v 'L Q E Q Q CL Q E a Packet Pg. 280 https://www.fedex.com/shipping/shipAction.hand le?method=doContin ue III 16.c Kenona Holmes 00 ti From: TrackingUpdates@fedex.com Sent: Tuesday, September 04, 2018 10:33 AM N To: Kenona Holmes Q Subject: FedEx Shipment 773118063287 Delivered E Q Your package has been delivered E 0 u_ Tracking # 773118063287 m Ship date: Delivery date. � Fri, 8/31/2018 Tue, 9/4/2018 10:27 am i Kenona Holmes Local 12 d E All American Asphalt x Intntl Union of Operating c Corona, CA 92879 Engineers Q US Delivered 150 E. Corson St. E PASADENA, CA 91109 Y US Q .y Shipment Facts Our records indicate that the following package has been delivered. L a� Tracking number. 773118003287 E .y 3 Status: Delivered: 09/04/2018 10:27 0 2 AM Signed for By: Signature - w Release on file L Reference: San Bernardino Bid Infill CDBG Q Signed for by: Signature Release on file 0 Delivery location: PASADENA. CA U Service type: FedEx Priority Overnight® Q Packaging type: FedEx®Envelope Q 0 Number of pieces: 1 L Q Weight: 0.50 Ib. Q Special handling/Services: Deliver Weekday Q a Standard transit: 9/4/2018 by 10:30 am }; Q E Imo,Please do not respond to this message.This avail an urattenO mailbox This report was generated at approximately 12,32 PM CCT on 09/04/20,18 Q 1 Packet Pg. 281 16.E All weights are esti mated. To track the latest status or your shipment,click on the tracning ntunbar above. LO 00 ti Standard transit is the date and time the package is scheduiett to be delivered by,based on the selected service,destination and ship date.Limitations and exceptions may apply.Please soa the Fedf x Service Guide for terms and conditions of service, N including the FedEx Money-Back Guarantee or contact your FedEx Cr,stonier Support representative. +, Q ©2018 Federal Express Gorporatior, The content of+his rnessa,e protected by copyright and trademark laws under U.S.and E international law.Review our privacy policy.All rights v t4 Thank you for your business. Q O U- 'a Click here to report this email as spam. 00 3 O J Q E O L Q E .19 Q .y Q d L CO .y O W L Q V L O U t CL Q v L Q E Q Q a Q E Q z Packet Pg. 282 16.c ALL AME Rl CAN ASPHALT ALL AMERICAN AGGREGATES ,i; T 951-736-7600 F 951-739-4671 ti ALL AMERICAN P.O.BOX 2229,CORONA,CA 92878-2229 ASPHALTCONTRACTORS LICENSE#267073 A,C12 AN EQUAL OPPORTUNITY EMPLOYER DIR#1000001051 yE t V August 31, 2018 .2 San Bernardino County 715 E Brier Drive U_ San Bernardino, CA 92408 m 3 All American Asphalt will bidding on a Project that request the bidder advertise to Section 3 � Subs and Suppliers for quotes for the following bid: as E AGENCY. City of San Bernardino—Section 3 HUD Good Faith d O L Q PROJECT.• Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No. 2331—Federal Funded(Section 3 GF) �c BID DATE: September 12, 2018 @ 2:OOPM Q Section 3 Quotes are requested for(but not limited to)the following suppliers: • Survey • Striping L • Electrical co • Landscape .y 3 O Dear Sir/Madam: _ w All American Asphalt is bidding on the above noted project on July 17th at 2:OOPM. This project is a Section 3 participation. 3 The Federally Assisted Contracts regulation compliance requires that contractors to the greatest 0 Extent feasible to hire Section 3 subcontractors and suppliers for the project in the City of San 2 Bernardino, CA. We are asking for your cooperation in using your best efforts to dispatch Section 3 O U Subcontractors and Suppliers from your union. Please keep this letter on file. When we request that workers are dispatched to a the job, we would Q Appreciate your assistance in helping our company and the City of San Bernardino meet the Section 3 a Eizues L Q E Public Works Contract Administrator a All American Asphalt 400 East Sixth Street, Corona, CA 92879, 951-736-7600 Ext 236 Q Packet Pg. 283 8/31/2018 FedEx Ship Manager-Print Your Label(s) 16.0 N o-^ O CO 4-p;-,O o ZO o m- �� c a c�ixp �imno ti CZ- -4 o C3 IT! I) m -D W-2 —wi — o m pp MX m mm => V'N n > '. m� E mr m v vvv -- - - = z � zz w r - = 0 0 0 �' Q _ m 0 CD E j -- - gn oo L L° CO PJ Z Z m CD00 m z m 03-(D p r m WG), X IT! _ r Z m o,m Q n C Cf) -1 c o CO41 CQ o °° CLE oN m z � w CO > ® J182118081501ue 552J1133091DCA5 N C Q P CO E After printing this label: U) 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. C 2. Fold the printed page along the horizontal line. _ 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 4- Warning: Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in E additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not tv be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, Q unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx +, Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales,income interest,profit, attorney's fees,costs,and other forms of damage whether direct, incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is$1,000,e.g.jewelry, C precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current V FedEx Service Guide. +, t sZ Q C v L Q E Q Q CL :_ Q E Q Packet Pg. 284 https://www.fedex.com/shipping/shi pActio n.handl a?method=doContin ue 16.c Kenona Holmes LO 00 From: TrackingUpdates@fedex.com 5~ Sent: Tuesday, September 04, 2018 9:09 AM c14 To: Kenona Holmes Q Subject: FedEx Shipment 773118166061 Delivered E Q Your package has been delivered 0 u_ Tracking # 773118166061 m Ship date: Delivery date. � Fri, 8/31/2018 Tue, 9/4/2018 9:05 am i Kenona Holmes _ _ _ an Bernardino County E All American Asphalt 0 - San Bernardino County c Corona, CA 92879 Delivered 715 E. Brier Drive Q US SAN BERNARDINO, CA 92408 >_ US 3 Q .y Shipment Facts Our records indicate that the following package has been delivered. 2 L Tracking number: 773118166061 N a� Status: Delivered:09/04/2018 09:05 3 AM Signed for By: 0 2 C.CLAUDIA — w Reference: San Bernardino-Infill CDBG L bi Q Signed for by: C.CLAUDIA L Delivery location: SAN BERNARDINO, CA 0 U Delivered to: Receptionist/Front Desk = 0 Service type: FedEx Priority Overnight@ y Q Packaging type: FedEx@ Envelope 0 Number of pieces: 1 d E Weight: 0.50 Ib. Q Q Special handling/Services: Deliver Weekday a Standard transit: 9/4/2018 by 10:30 am i- d E 0 Please do nct.eapond to message.This emau:raS zeW u!;n un Unattended mailbox This report was generated at Q approximately 11-A I'M CDT on -:14/2018. 1 Packet Pg. 285 16.c All weights are estimated. To track the latest status of your shipment,click on the tracking number above. U) 00 ti Standard transit is the date and time the package is scheduled to be delivered by,based on the selected service.destination and ship date-Limitations and exceptions may apply.Please st e the FedEx Service Guide for terms and conditions of service, N including the FedEx Money-Back Guarantee,o. contact yoar FedEx u,istorner Support representative. +, Q ©2018 Federal Express Corporation.T he content of this message protected by copyright and trademark laws under U S and E international law.Review our privacy policy All riglits ies,'rv-;u V t4 Thank you for your business Q O U- Click here to report this email as spam. 00 3 O J d E O L Q E .19 d .y d d L CO S_ .y O W S_ L Q V L S_ O U t rZ Q v L d Q Q a d Q 2 Packet Pg. 286 16.c ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES LO Go T 951-736-7600 F 951-739-4671 ALL AME RICAN P.O.Box 2229,CORONA,CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 ASPHALT r- DIR #1000001051 y AN EQUAL OPPORTUNITY EMPLOYER E t V t4 a+ a+ August 30, 2018 a E L 0 U- Cement Masons Local 500 1605 N.Susan Street m Santa Ana, CA 92703 0 Q AGENCY: City of San Bernardino E 0 PROJECT: Infill Housing-Sidewalk and Street Improvements Project No 13222, CDBG No. 2331 CL E BID DATE: September 12, 2018 @ 2:OOPM 3 d Dear Sir/Madam: All American Asphalt is bidding on the above noted project on September 12, 2018 at 2:00pm. `�° This project is a Federally Assisted Contract. L co The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible to hire Section 3 HUD subcontractors and suppliers for the project in the City of San Bernardino, CA. We are asking for your cooperation in using your best efforts to dispatch Section 3 HUD Subcontractors and = Suppliers from your union. — w Please keep this letter on file. When we request that workers are dispatched to a the job,we would Appreciate your assistance in helping our company and the City of Upland, to meet the Section 3 HUD Good Q Faith participation 0 L 0 Sincere v CL a enona Holmes 0 Public Works Contract Administrator All American Asphalt E 400 East Sixth Street Q Corona, CA 92879 Q (951) 736-7600 Ext 236 a d E 0 a Packet Pg. 287 8/31/2018 FedEx Ship Manager-Print Your Label(s) 16.0 o o � Q CO crm� CI) j mx mnz� 1110 C o m m o2 (�az o o r = N M 9 V -ge52o 0 -4 o 1 m m z z -Jn mca �Z'z W _ O (n" =>M3-' N > Cay cntACA +r Ocn'o -i- OO :� – - n O 'S mm d CSD to� IV Ill CO Cn ... W Z Z rn ;~ r - = rI%JI rr 4Q � 00 C ' "' n a 0 CO r r u� m m O O m — O O 70 1'71 — _ z mom- - m mem d - - a ;0 moo" E 446 O tJ7l — mm c > < —1 07 O cn CID -p °° CL Z s 0 oN rnhe z " = o d182118881381uu 552A3309/DCA5 .y Q d L E After printing this label: y 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. C 2. Fold the printed page along the horizontal line. _ 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 4- Warning: Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in E additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, Q unless you declare a higher value, pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales, income interest,profit, attorney's fees,costs,and other forms of damage whether direct, incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is$1,000,e.g.jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current V FedEx Service Guide. is t CL Q ca v 'L Q E Q Q CL Q E Q Packet Pg. 288 https://www.fedex.com/shipping/shipAction.handle?method=doContinue 16.c Kenona Holmes LO 00 From: TrackingUpdates@fedex.com ,~O Sent: Tuesday, September 04, 2018 10:20 AM cI4 To: Kenona Holmes Subject: FedEx Shipment 773118093945 Delivered E _ Your package has been delivered E 0 u_ Tracking # 773118093945 m Ship date: Delivery date: � Fri, 8/31/2018 Tue, 9/4/2018 10:17 am i Kenona Holmes Cement Mason Local 500 d E All American Asphalt x Cement Mason Local 500 > �,.___.._.___..___�,__._-- 0 Corona, CA 92879 1012 E Cooley Drive 0. u5 Delivered Suite A E COLTON, CA 92324 US Q .y Shipment Facts Our records indicate that the following package has been delivered. 2 C0 IM Tracking number: 773118093945 E .y 3 Status: Delivered: 09/04/2018 10:17 0 AM Signed for By: H.HELEN = w Reference: San Bernardino Bid Inftill L CDBG Q Signed for by: H.HELEN L Delivery location: Colton, CA 0 U Delivered to: Receptionist/Front Desk = 0 Service type: FedEx Priority Overnight® CL Q Packaging type: FedEx8 Envelope 0 Number of pieces: 1 d E Weight: 0.50 Ib. Q Q Special handling/Services: Deliver Weekday a Standard transit: 9/4/2018 by 10:30 am Q E 0 ice,Please do not rr3pond to this ail from an ended maiibox. was generated a Q approximately 12:15-M on 1 Packet Pg. 289 16.c All weights are estir-rated To track the latest status of your shipment,click on the backinq number above 00ti Standard transit is the date and time the package is schcdr led to by delivered by.based or.the selected service.destination and ship date.Limitations and exceptions may apply.Please seC the-edEx Service Guide for terms and conditions of service N including the FedEx lVioney-Back Guarantee.,or cor itaGt your FcdEx Customer Support representative. +, Q ©2018 Federal Express Corporation The content of this message rs protected by copyright and! ademar;' laws under U S and E international law.Review our privacy policy.All rights v•_a v cv Thank you for your business Q O U- Click here to report this email as spam. 00 3 O J Q E O L Q E .19 Q .y Q d L CO .y O W L Q V L O U t CL Q v L Q E Q Q a Q E M Q 2 Packet Pg. 290 16.c ALL AMERICAN ASPHALT ,Nk� ALL AMERICAN AGGREGATES LO 00 T951-736-7600 F 951-739-4671 I- ALL AMERICAN P.O. BOX 2229,CORONA,CA 92878-2229 ASPHALT CONTRACTORS LICENSE#267073 A,C12 AN EQUAL OPPORTUNITY EMPLOYER DIR#1000001051 yE t V August 31, 2018 2 Riverside County 5555 Arlington Avenue U° Riverside, CA 92504 m 3 0 All American Asphalt will bidding on a Project that request the bidder advertise to Section 3 _J Subs and Suppliers for quotes for the following bid: i Q E AGENCY. City of San Bernardino-Section 3 HUD Good Faith > 0 L Q PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No. 2331-Federal Funded(Section 3 GF) Y BID DATE: September 12,2018 @ 2:00PM Q Section 3 Quotes are requested for(but not limited to)the following suppliers: 0 • Survey • Striping L • Electrical N • Landscape .y 3 Dear Sir/Madam: _ w All American Asphalt is bidding on the above noted project on July 17th at 2:OOPM. S This project is a Section 3 participation. The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible to hire Section 3 subcontractors and suppliers for the project in the City of San Bernardino, CA. We are asking for your cooperation in using your best efforts to dispatch Section 3 v Subcontractors and Suppliers from your union. Please keep this letter on file. When we request that workers are dispatched to a the job, we would Q Appreciate your assistance in helping our company and the City of San Bernardino meet the Section 3 a participati L Sincer y, E K olmes Public Works Contract Administrator a All American Asphalt 400 East Sixth Street, Corona, CA 92879, 951-736-7600 Ext 236 Q 0 Packet Pg. 291 8/31/2018 FedEx Ship Manager-Print Your Label(s) 16.0 --1 o ccs ¢bXo z0 o>m2 .. t�37 � � mo n�zz 0 u� C C 0, �mDv ti y m > m m �n C05=o n 70 b o � �n�z _ o Cn l'Jr! Cl1 umiW =nmp N � - = D r a Q ccn� ;am d �= m Z m m Z w - y Opp w N C C Q, •c T C m o C m u_ n _ m m M O o m T _r- = T -n z d — — m m_m o �cw E rq CO Z C C N W2 0 M CO CL CD E Z Z CD M O � o m J282118882581uu 552A 009tDCA5 N Q d L After printing this label: y 1.Use the'Prinf button on this page to print your label to your laser or inkjet printer. C 2.Fold the printed page along the horizontal line. _ 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. _ w Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in E additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not tv be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, Q unless you declare a higher value, pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales,income interest,profit, 0 attorney's fees,costs,and other forms of damage whether direct, incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is$1,000,e.g.jewelry, precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current V FedEx Service Guide. +, t CL Q cv v 'L Q E Q Q CL Q E Q Packet Pg. 292 https://www.fedex.com/shipping/shipAction.handle?method=doContin ue III 16.c Kenona Holmes 00 From: TrackingUpdates@fedex.com Sent: Tuesday, September 04, 2018 9:43 AM c14 To: Kenona Holmes Subject: FedEx Shipment 773118135030 Delivered E Q Your package has been delivered E 0 U_ Tracking # 773118135030 m Ship date: Delivery date: � Fri, 8/31/2018 Tue, 9/4/2018 9:38 am i Kenona Holmes Riverside County Section 3 d >_ All American Asphalt x GF c Corona, CA 92879 Riverside County Q US Delivered 5555 Arlington Avenue E RIVERSIDE, CA 92504 Y US Q .y Shipment Facts Our records indicate that the following package has been delivered. 2 co 171 Tracking number: 773118135030 E .y 3 Status: Delivered: 09/04/2018 09:38 0 AM Signed for By: L.M = w Reference: San Bernardino Bid Infill L CDBG Q Signed for by: L.M L Delivery location: Riverside, CA 0 U Delivered to: Receptionist/Front Desk = 0 Service type: FedEx Priority Overnight® tZ Q Packaging type: FedEx®Envelope 0 Number of pieces: 1 Q Weight: 0.50 Ib. Q Q Special handling/Services: Deliver Weekday a Standard transit: 9/4/2018 by 10:30 am Q E 0 leli Please do not respond to this r':r:Ss_;;1. This -ii rr..:• -jr unattended mailbox.This report was generated at Q approximately 11:43 AM CLIT on 1 Packet Pg. 293 16.c All weights are estimated To track the latest status of ycur shipment,click on the tracking numh01—nhovc. U) ti Standard transit is the date and time the package is scheduled to be delivered by,based on the selected service,destination and ship date.Limitations and exceptions may apply.Please see the:FedEx Service Guide for terns and conditions of service, including the FedEx Money-Back Guarantee,or contact your Fedex.Customer Support epresentative N Q ©2018 Federal Express Corporation.The con'ent of tf,is mei;age is protected by copyright and 'emark ia'r4� under U.S.and E international law.Review our privacy policy. A,l rights reserve, O Thank you for your business Q O LL 'a Click here to report this email as spam. 00 3 O J Q E O L Q E .19 Q .y Q d L CO .y O W L Q V L O U t CL Q v L Q E Q Q a Q E Q z Packet Pg. 294 16.c ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES ,r; �L T 951-736-7600 F 951-739-4671 ti ALL AMERICAN P.O.Box 2229,CORONA,CA 92878-2229 ASP HALT CONTRACTORS LICENSE#267073 A,C12 DIR#1000001051 0 AN EQUAL OPPORTUNITY EMPLOYER d E t V t4 a+ a+ August 30, 2018 Q 0 U- Laborers International Union Local 1184 m 1128 E. La Cadena Drive c J Riverside, Ca 92501 d AGENCY: City of San Bernardino E d 0 PROJECT: Infill Housing-Sidewalk and Street Improvements Project No 13222, CDBG No. 2331 0. E BID DATE: September 12, 2018 @ 2:OOPM 3 d Dear Sir/Madam: rn All American Asphalt is bidding on the above noted project on September 12, 2018 at 2:00pm. 0 This project is a Federally Assisted Contract. L co The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible to hire Section 3 HUD subcontractors and suppliers for the project in the City of San Bernardino, CA. We are asking for your cooperation in using your best efforts to dispatch Section 3 HUD Subcontractors and 0 Suppliers from your union. — w Please keep this letter on file. When we request that workers are dispatched to a the job, we would cc Appreciate your assistance in helping our company and the City of Upland, to meet the Section 3 HUD Good Faith participation Q 0 L Since ely, �j CL Q Kenona Holmes 0 Public Works Contract Administrator L All American Asphalt E 400 East Sixth Street Q Corona, CA 92879 q (951) 736-7600 Ext 236 a d E 0 Q Packet Pg. 295 8/31/2018 FedEx Ship Manager-Print Your Label(s) 16.0 O Cn g3-XO — ZOOT'Irm rQ+n p4 p ZZ U) IT! 00 y a;vp r 0 �v >r- a LO R CD � mscnw =>M3. N -- - - � n(ncn �� — Q 00 = m n n m O C7 > �� C a T z � CD CD CD r m O _ g C °-,-° vc9i 2 O O C r 4 J *-V a C m °°''' d c C { rn = CO �WG7 0 cn CD � .� $ WCL oN = � m - w Y Z j CD nsatssetaswo 552J1fd JDCAS .y C ca Q d L After printing this label: 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. C 2.Fold the printed page along the horizontal line. _ 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 4- Warning: Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in E additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation, unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Q Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic value of the package,loss of sales,income interest,profit, attorney's fees,costs,and other forms of damage whether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is$1,000,e.g.jewelry, C precious metals, negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current V FedEx Service Guide. its t tz Q C ca v L Q E Q Q CL C Q E Q Packet Pg. 296 https://www.fedex.com/shipping/shipAction.hand le?method=doContinue 16.c Kenona Holmes LO 00 From: TrackingUpdates@fedex.com Sent: Tuesday, September 04, 2018 9:34 AM N To: Kenona Holmes Subject: FedEx Shipment 773118081334 Delivered E Q Your package has been delivered E 0 U- Tracking # 773118081334 m Ship date: Delivery date: 0 Fri, 8/31/2018 Tue, 9/4/2018 9:32 am i Kenona HolmesLaborers International Union Q x E All American Asphalt 1184 > Corona, CA 92879 1128 E La Cadena Delivered 0. US RIVERSIDE, CA 92501 E US Y 3 Q Shipment Facts Our records indicate that the following package has been delivered. Q 2 L Tracking number: 773118081334 C0 >) E Status: Delivered:09/04/2018 09:32 y 3 AM Signed for By: S.WARD o 2 Reference: County Line Road and Avenue H L Signed for by: S.WARD Q Delivery location: RIVERSIDE, CA L Delivered to: Receptionist/Front Desk p U Service type: FedEx Priority Overnight® CL Packaging type: FedEx@ Envelope y Q Number of pieces: 1 'L Weight: 0.50 Ib. E Q Special handling/Services: Deliver Weekday Q Standard transit: 9/4/2018 by 10:30 am a Q E Please do not respond this message.l h'.s i u?attended mailbox.Ti nis report was generated at approximately 1134 AM CDT on 09/04/2018. � Q 1 Packet Pg. 297 16.c All weights are estimated. To track the latest status of your shipment,click on the tacking nun ber above. 00ti Standard transit is the date and tirne the p.:ckage is se^heftwd to be deiiveved by.based on the seiected service,destination and ship date.Limitations and exceptions may apply Plee se soe tho I edEx Service Guide for tarms and conditions of service, including the FedEx Money-Back Guarantee,or contact ycur -edFx Customer Support representative N Q Oc 2018 Federal Express Corporation.The Content of this messarfe • pwiecled by copyright and trademark laws under U.S.and E international law Peview our privacy policy All rights rases v=!c O Thank you for your business. Q O U_ 'a Click here to report this email as spam. m 3 O J Q E O L tZ E .19 Q .y Q d L .y O W L Q V L O U t tz Q v L Q E Q Q a Q E Q 2 Packet Pg. 298 8/30/2018 Seeking Section 3 Subcontractors and Suppliers-Classified Ad 16.0 ` . U) Hello, Kim Bird not you? Your stuff Help Post an ad (free)Log out Fk SEARCH c Construction in San E JobsWork Search for... Bernardino, SEARCH CA 2- W CA Jobs: Construction Work San Bernardino, L 0 UL • All Categories m • Jobs 3 • Vehicles • Items for Sale • Pets E • Real Estate > • For Rent 0 0. • Services E • Personals Y • Community_ M • All Jobs • Accounting &Bookkeeping Jobs • Business Opportunities • Cleaning Jobs CO • Construction Work a, • Creative Jobs 0 E • Educational Jobs 00 • Financial & Real Estate Jobs = • Internships • IT Jobs -0 • Labor Jobs • Legal Jobs a • Management Jobs c • Marketing Jobs c • Medical Jobs v • Office Jobs • Other Jobs Q. • People Seeking Jobs • Restaurant Jobs • Retail Jobs • Sales Jobs E • Science & Engineering Jobs a • Security- Safety Jobs q • Skilled Trade Jobs a. • Transportation Jobs as • Zip or city • Los Angeles: San Gabriel Valley_ a • Palm Sp' Packet Pg. 299 https://www.classifiedads.com/construction_workJobs/x26x50tsbl 5d9 8/30/2018 Seeking Section 3 Subcontractors and Suppliers-Classified Ad 16.0 • Orange County. • Los Angeles: San Fernando Valley • More locations —> ti Your ad has been posted. E Post another ad EdiL uun au ricip page rc,ur SL- Share your ad for more visibility! E 0 © - DECODE? 0 J W Seekihig Section 3 Subcontractors and Suppliers 0 L a Share & Like E © � Ad #366402505 Share this N Created: August 30, 2018 Expires: March 2, 2019 0 Viewed: 0 times 2 W 0 E Avoid scams 0 x Signs of fraud: wire transfer, money orders, cashier checks,payment via gift cards, shipping, escrow, "transaction protection", "guarantee". Be safe by dealing locally. L Read more Report this ad a L Overview 0 U Respond to this Ad Ad number:#366402505 N Contact:Maurice Ramirez a c Phone:951-736-7600 City:Corona Zip:92879 a Posted in: Riverside - San Bernardino Construction Work a Description a Q Seeldng quotes from Section 3 HUD Subcontractors and Suppliers for the Following Project: 0 AGENCY: City of San Bernardino a PROJECT: Infill Housing-Sidewalk and Street Improvements CDBG#2331 Packet Pg. 300 https://www.classifiedads.com/construction—work_jobs/x26x5Otsbl 5d9 8/30/2018 Seeking Section 3 Subcontractors and Suppliers-Classified Ad 16.0 Project No. 13222 Bid date: September 12,2018 @ 2:OOPM LO 00 ti N Quotes are requested for(but not limited to)the following suppliers: Q E • Survey Q E L • Striping U- •Electrical m 3 0 J •Landscape Q E Q 0 All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 HUD CL Subcontractors and Vendors/Suppliers.Plans and Specifications are available for review in our main office. E 3 d .y 0 All American Asphalt L co (Equal Opportunity Employer) .y PO Box 2229 0 0 x Corona CA 92878 w (951)736-7600 Fax; (951)739-4671 Q 0 L Publisher Information 0 0 U Name : Maurice Ramirez CL Location: California Q 0 TEL : 951-736-7600 E Email : mramirez@allamericanasphalt.com Q Q Respond to this Ad a Q Your name E 0 Your email a Packet Pg.401 https://www.classifiedads.com/construction_work_jobs/x26x5Otsb l 5d9 8/30/2018 Seeking Section 3 Subcontractors and Suppliers-Classified Ad 16.0 Message 00 ti to Send Message c d E Report this ad Q E Type of problem: UL Harassment m Spam 0 Scam or fraud Wrong category Violation of terms Other(please comment) ° Q. E Your email(optional) Y publicworks@allamericanasphalt.com I would like a response -- Q .y URL (optional) cc d d L Comment (optional) co a� c N 3 Send re op rt x Sending... Sending... '0 Ads related to construction work Q v 1C L O -- U Construction Work Find Construction Work Available In Your Area. 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Q Packet Pg. 302 https://www.classifiedads.com/construction_work_jobs/x26x5Otsb l 5d9 16.c LO co ti LO California Bid Network Menu Register for Free Logout SEEKING SECTION 3 HUD SUBCONTRACTORS AND SUPPLIERS a Edit 0 U_ 'm Description : Seeking quotes from Section 3 and DBE Subcontractors and Suppliers for the Following Project: 0 J AGENCY: City of San Bernardino , d PROJECT: Infill Housing-Sidewalk and Street Improvements CDBG #2331 d Project No. 13222 0' 0 Q Bid date: September 12, 2018 @ 2:OOPM >_ Quotes are requested for(but not limited to)the following suppliers: d • Survey y • Striping • Electrical `4 • Landscape 2 co All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 HUDSubcontractors and Vendors/Suppliers. Plans and Specifications are available for review in '�i our main office. 0 x w All American Asphalt (Equal Opportunity Employer) PO Box 2229 a Corona CA 92878 (951)736-7600 Fax; (951)739-4671 Category: MBE/DBE/WBE/VBE/LBE c Expiration date : 08/28/2018 Publisher Information Q Name : Maurice Ramirez a Location : California TEL: 951-736-7600 Email : mramirez@allamericanasphalt.com Q Category : Services Needed a Expiration : 09/12/2018 a date a Q E 0 a Live hePacket Pg. 303 16.c Publisher Information Name : Maurice Ramirez Location: California TEL : 951-736-7600 CO CO ti Email : mramirez@allamericanasphalt.com N Q E t V Q O U- m O J Q E O L Q E Q .y Q d L CO .y O W L Q V L O U t CL Q v •L Q E Q Q a Q E Q Live h Packet Pg. 304 16.c Posted:08/30/2018 05:38 pm Last updated:08/30/2018 05:38 pm Post an Ad Ln co My Ads Search Ads Q Ads by Category Cars&Trucks a Const. Equip. E L Const. Materials Ui Employment m 3 MBE/DBE/WBE/VBE/LBE � Misc. Items m E Services Available > 0 L Services Needed CL E �a 3 d M d d L AMEIVOu THE PEOPLE'S DIGITAL CURRENCY c There are 13,112 members = in the AMERO Network www.AMERODigitalCurrency.com ca 3 a ca L USE AMERO TO � F I N 0 FREEDOM - - v.3e°Pzi'.:1p7:F11G59Allllf"w:�L C�akl"Ah:�ER(? Q V •L WV PiE ALLIANCE a a a Business News Q Granite Wins$32 Million Contract for Bridge Replacement Project in California ca NEC Buys Into US-Based Biometric Tech Company Tascent a TaskUs to Invest $9 Million in Downtown Albuquerque, NM Live hi Packet Pg. 305 16.c Central Concrete Supply Co. Expands Partnership with CarbonCure Technologies SMA to Provide On-Demand Strategic Analysis Services to Defense Department LO co NAPC Now Offers Live Chat Customer Service i N Proterra Selected To Accelerate the Adoption of Emission-free Mass Transit in Georgia E Visa Buys Into Japan Post-Pay Credit Service for ECommerce All Campus Assets of Coleman University to Be Sold in Auction Starting August 27 L O HP Introduces First Print Security Bug Bounty Program 'a m Lane Construction Wins Design-Build Joint-Venture Contract in California c J Metropolitan Approves Agreement Delivering Water to San Diego E a) MD Barnmaster Introduces DIY Building Kits Under Universal Structures Brand o' L Q AUDIENCEX Announces Exclusive Partnership with Sizmek E Road Improvement Projects Planned for Heber and Desert Shores Communities in California .y Ubiquitous Energy to Further Its Transparent Solar Technology with $3M Grant as Culver City Selects Iteris to Provide Bus Signal Priority System co SSL Wins Contract for Next-Gen Secure Satellite Communications for the US Air Force .y 3 O West Sonoma County Union High School District Breaks Ground on New Performing Arts Center = w Kindred Healthcare, UC Davis Agree to Build 40-bed Inpatient Rehabilitation Hospital L EPA Provides$699M for Biosolids Digester Facilities Project in California a L Caltrans Commences Work on U.S. Highway 50 O U Enhanced Landscape Management(ELM) Expands with New Acquisition CL SDG&E Proposes To Install More Than 300 New Electric Vehicle Chargers Q Signature Bank Gets Approval to Commence Operations in California E EDF Renewables Reaches Agreement with PGGM on Wind and Solar Projects — a Frontier-Kemper Low Bidder for$121 M Water and Power Tunneling Project in California a Q Boston Scientific Acquires Claret Medical E Fluidmaster Opens Toronto Area Distribution Center a Avery Dennison Label Liner Technology Key to Providing Zero Waste for L'Oreal Live h Packet Pg. 306 16.c Marina Landscape Maintenance Joins BrightView Landscapes, LLC Econolite Receives $21.9 Million Caltrans Contract LO co SpringCM Purchased By DocuSign N Momentum Solar Chooses Enphase Energy as Its Exclusive Inverter Supplier E Caltrans Awards$21.9M Contract for Traffic System Modernization a esVolta Selected to Build Energy Storage System in Northern California L 0 GTL and Sentinel to Provide Offender Tracking and Monitoring Technology 'a 'm Constellation Behavioral Health Opens Mental Health Facility in Tennessee c J SVA Architects Teams Up with Hermosa Beach City School District for Several Projects E d Ravenswood Received a contract for instrumentation of AMPV test > 0 L Q Utique Purchased By Swyft E Cybersecurity Startup Qadium Received $37 Million Contract from U.S. Department Of Defense .y Gigamon Acquires ICEBRG d NCUAQMD Seeks Application for Rural School Bus Pilot Project L co as Princess Cruises Reaches Agreement to Build Two Next Generation LNG Cruise Ships .y 0 0 Bay Ship and Yacht Contracted to Construct U.S. First Hydrogen Fuel Cell Passenger Vessel = w Envision Solar Selected to Deploy EV ARC Solar Charging Stations in California ca 3 BluLight Creative Studio Wins Video Production Contract with Court a 0 L LA County Public Works picks ICF for Water Infrastructure Services c U Amgen Joins Cedars-Sinai For Improved Healthcare Quality CL 0 L d E Q Q a d E 0 a Packet Pg. 307 hftp://www.californiabids.com/classifieds/88611-SEEKI NG_SECTION_3_HU D_S UBCONTRACTORS_AN D_SU PPLI ERS.html Live h 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday, August 31, 2018 9:49 AM C" To: oscar@voltaicelectric.com' d Subject: Seeking Section 3 Subcontractor and Suppliers for bid in the City of San Bernardino E a SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: ' E L 0 August 31,2018 u_ m 3 0 We will be bidding for the following: AGENCY: City of San Bernardino—Section 3 HUD Good Faith E d PROJECT: infill Housing-Sidewalk and Street Improvements Project No 13222 0 CL CDBG No. 2331—Federal Funded(Section 3 GF) E BID DATE: September 12,2018 @ 2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: 0 • Survey • Striping co • Electrical a) E • Landscape y 0 0 All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and = DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main.If you have any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramirez@allamericanasphalt.com. a 0 L Thank you, c U Kenona Holmes CL Public Works Contract Administrator Q kholmes(f� llamericanasRhalt.com PHONE.(951)736-7600 Ext.236 L Q FAX: (951)739-4671 E a a. d E 0 a 1 Packet Pg. 308 8131/2018 HUD Section 3 Business-Voltaic Electric " ZWf V 41 ze S&tior! TftRegistry A �11 x n LO Self 00 P4t 'it f Kbushig-41 bevild _rnent 6,4US' D6041 ftd.Urbaw p LO C14 "Of -hit gqn&Equal-'Ogpbr-tlJ .A-Office of Hbuzill I 7 E 0 IS, AZ) C4 zi E V, V 7, E (1) > 0 CL Voltaic Electric E .y Contact Information Address co Voltaic Electric E 3925 Estrella Drive 0 CHINO , CA 91710 S Telephone (909) 702-2003 Website Address 0 Email CL oscar@vottaicelectric.com Point of Contact Q E Oscar Sanchez (909) 702-2003 Q Business Details E Business License < 1000308 hftps:flportalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessld=7716 Packet Pg. 309 8/31/2018 HUD Section 3 Business-Voltaic Electric County 16.c San Bernardino LO CO Year Business Established 2015 N Q Number of Employees 3 a E Registration Date U_ 04/03/2017 m 3 0 J Business Capabilities E • Electrical c L Q E Section 3 Business Criteria Y a) Fifty-one percent or more of the business is owned by Section 3 Residents; b) Thirty percent or more of the business' full time employees are Section 3 Residents; or L 2 CO c) The business can provide evidence of a firm commitment to subcontract a minimum of 25 3 0 percent of the total dollar amount of contracts to a business that meets the criteria listed in (a) _ and/or(b). L V Disclaimer 0 U HUD has not verified the information submitted by businesses listed in this registry and does not endorse the services that they provide. Users of this database are strongly encouraged to perform y due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to firms that have self-certified their Section 3 status with the Department. E To correct your business's information, contact Sec3Biz@hud.gov. a How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet E Section 3 Eligibility Criteria? a https:Hportalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessid=7716 Packet Pg. 310 8/31/2018 HUD Section 3 Business-Voltaic Electric 16.0 If you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. Department of Housing and Urban Development at Sec3Biz@hud.gov. CO ti Your email should contain the following information: Fk N • Your name,telephone number, and email address (this information will not be shared outside C of HUD) • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 a business. E O • Any narrative explanations describing why you believe that this firm does not meet the Section Fn 3 Business eligibility criteria. O J C N N O L a E d .y cc d d L y.' CO CM N 3 O W L Q -W V L y.' C O U cc M a U) Q C cc v L d Q Q a d E M Q Packet Pg. 311 https://portalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessld=7716 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday, August 31, 2018 9:47 AM N To: 'info@hhindustries.com' Q Q Subject: Seeking Section 3 Subcontractors and Suppliers for the a bid in the City of San E Bernardino a SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: E U- :2 August 31,2018 op 3 0 J We will be bidding for the following: d E AGENCY: City of San Bernardino—Section 3 HUD Good Faith 0 L Q PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No.2331—Federal Funded(Section 3 GF) Y 0 3 BID DATE: September 12,2018 @ 2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: d d • Survey N • Striping a� • Electrical .y • Landscape o x All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramirezC&allamericanaschalt.com. a 0 L 0 Thank you, v CL Kenona Holmes Q Public Works Contract Administrator 0 kholmes@allamericanasr)halt.com PHONE.(951)736-7600 Ext. 236 E FAX. (951)739-4671 Q Q a d E 0 a 1 Packet Pg. 312 16.c 1 CoLO � ti ALL ABCAN ASPHALT- QE Nenona 3 66neo Yu6&W a%& eanhact adm ins taaf" Q 400 Eaot Siam Stud � L eoww, ea 92879 U- fiAobneo @afcune ucatuw p hatt.catn JRiom. (951) 736-7600 ezt/236 5 ax. (951) 736-7646 as 0 L Q E d .y d d L Co .y 0 W L Q V L 0 U t CL Q v �L d Q Q CL d E 0 Q z Packet Pg. 313 8/31/2018 HUD Section 3 Business-H&H INDUSTRIES 16.0 Section 3 Business Registry LO Self Certificationco U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity PAOENTpF E I a E v ti t° e m �eq/V D E\J E�"� o J d _ E H & H INDUSTRIESE .y Contact Information L Address n IM H & H INDUSTRIES y 3 17475 Jackson Drive x Fontana , CA 92336 = w Telephone (909) 350-8211 a L Website Address 0 Email CL a info@hhindustries.us �L Point of Contact E a Harold Sumpter q (909) 350-8211 a as Business Details Business License a 20120009282 Packet Pg. 314 https:Hportalapps.hud.gov/Sec3BusReg/BReg istry/BusinessDetails.action?businessld=2978 8/31/2018 HUD Section 3 Business-H&H INDUSTRIES 16.0 HUD has not verified the information submitted by businesses listed in this registry and does not endorse the services that they provide. Users of this database are strongly encouraged to perform due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to ti firms that have self-certified their Section 3 status with the Department. N y+ C E To correct your business's information, contact Sec3Biz@hud.gov. a How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet Section 3 Eligibility Criteria? U- CO if you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. c J Department of Housing and Urban Development at Sec3Biz@hud.gov .. , E Your email should contain the following information: 0 L • Your name,telephone number, and email address (this information will not be shared outside E of HUD) 3 • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 business. cc 4.1 • Any narrative explanations describing why you believe that this firm does not meet the Section L 3 Business eligibility criteria. CO N 3 0 x w c L Q -W V L 0 U t U) Q c v L d E Q Q a d E Q Packet Pg. 315 https://portalapps.hud.gov/Sec3BusReg/BRegistry/B usiness Deta i is.actio n?b usi n ess Id=2978 16.c Kenona Holmes LO 00 From: Kenona Holmes Sent: Friday, August 31, 2018 9:43 AM N To: 'adengineeringsinc@gmail.com' Subject: Seeking Section 3 Subcontractors and Suppliers for bid below for he City of San E Bernardino v a SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: E 0 U_ August 31,2018 m 3 0 J We will be bidding for the following: ' d AGENCY: City of San Bernardino—Section 3 HUD Good Faith E d 0 L PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 CL >_ CDBG No. 2331—Federal Funded(Section 3 GF) Y 3 BID DATE: September 12,2018 @ 2:OOPM .y Section 3 Quotes are requested for(but not limited to)the following suppliers: Q • Survey 2 • Striping co Im • Electrical S • Landscape 0 x All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have S any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramfrezCc,allamericana.5 Lhalt.com. Q 0 L Thank you, 0 U t CL Kenona Holmes Q Public Works Contract Administrator 0 kholmes@allamericanaspholt.com L PHONE:(951)736-7600 Ext. 236 Q FAX. (951)739-46713 Q a a d E 0 a Packet Pg. 316 16.c Co Co ALL AMERIC f ASPHALT - E Xenanac. &bneo 9 uric Wat& Coma a Q.dmitx twto* a 400 F.aot Sixd Stud i L @vxanac, ea 92179 0 U- fifidmza@A&anvucanc opfiaft.ca.n J Pane: (951) 736-7600 ext/236 3a,x: (951) 736-7646 0 as 0 L Q E d .y d d L Co .y 0 W L Q V L 0 U t CL Q v �L d Q Q CL d E 0 Q 2 Packet Pg. 317 8/31/2018 HUD Section 3 Business-BLITZ CONCRETE 16.0 Section 3 Business Registry Self Certification ti U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity N1ENTp E o�QP F'S'�GN v Z a i G) E L° G9�gIV D Ev E��e o J d E BLITZ C(..)NCRETE E .y Contact Information Address o BLITZ CONCRETE .y 1460 CAMBRIDGE AVE REDLANDS, CA 92374 = w S Telephone (909) 747-8414 a L Website Address Email Q ADENGINEERINGINC@GMAIL.COM L Point of Contact E a EVETTE MENDOZA a (909) 747-8414 a d Business Details Employer Identification Number a 56-8748178 Packet Pg. 318 https://portalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetaiIs.action?business Id=8576 8/31/2018 HUD Section 3 Business BLITZ CONCRETE 16.0 Disclaimer co HUD has not verified the information submitted by businesses listed in this registry and does not N endorse the services that they provide. Users of this database are strongly encouraged to perform Q E due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to 0 firms that have self-certified their Section 3 status with the Department. a E U- To correct your business's information, contact Sec3Biz@hud.gov. m 3 0 How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet J Section 3 Eligibility Criteria? Q If you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.�. 0 CL Department of Housing and Urban Development at Sec3Biz�. E 3 Your email should contain the following information: Q • Your name,telephone number, and email address (this information will not be shared outside of HUD) L • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 o E business. 0 • Any narrative explanations describing why you believe that this firm does not meet the Section = w 3 Business eligibility criteria. L Q V L 0 U is t CL Q ca v L Q E Q Q a Q E 0 Q Packet Pg. 319 https://portalapps.h ud.gov/Sec3BusReg/B Registry/BusinessDetai is.action?businessld=8576 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday, August 31, 2018 9:45 AM N To: 'info@ccsinc-ca.com' Q Subject: SEEKING SECTION 3 SUBCONTRACTORS AND SUPPLIERS FOR THE BID BELOW CITY OF E SAN BERNARDINO Q SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: E 0 U_ August 31,2018 m 3 0 J We will be bidding for the following: Z Q E AGENCY: City of San Bernardino—Section 3 HUD Good Faith 0 L Q PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No.2331—Federal Funded(Section 3 GF) Y 3 BID DATE: September 12,2018 @ 2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: Q • Survey dN • Striping a� • Electrical y • Landscape o x All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramirez@oliamericanasuhalt.com. Q 0 L Thank you, v CL Kenona Holmes Q Public Works Contract Administrator 0 kholmesC«allamericanashalt.com PHONE.(951)736-7600 Ext. 236 E FAX: (951)739-4671 Q a a d E 0 Q 1 Packet Pg. 320 16.c Co LOALL A E CAN --�AS11 HAL'I'•--- E .`7Ce was 361=4 400€aet Siad Stwxt i L eawna, ea 92879 0 U- PrPdme,i@adawnvucanwphattxam. J Rune: (951) 736-76CO ext1236 .fax: (951) 736-7646 0 as 0 L Q E d d d L Co .y 0 W L Q V L 0 U t CL Q v �L d Q Q CL d E 0 Q 2 Packet Pg. 321 8/31/2018 HUD Section 3 Business-Contractor Compliance Services,Inc. 16.0 Section 3 Business Registry LO Self Certification ti U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity a�eP y0GN a i * G) E LL eAN DEV o J Q E Contractor Compliance Services OE � Y Inc, L Contact Information .y Address 0 x Contractor Compliance Services, Inc. 24631 Jefferson Ave Ste A MURRIETA, CA 92562 a Telephone 0 (951) 262-8500 Website Address a HTTP://WWW.CCSINC-CA.COM L Q Email info@ccsinc-ca.com q a Point of Contact E Kimberly Eilar (951) 262-8500 a Packet Pg. 322 https:Hportalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?business Id=8499 8/31/2018 HUD Section 3 Business-Contractor Compliance Services,Inc. 16.0 Disclaimer CO r- HUD has not verified the information submitted by businesses listed in this registry and does not Fk endorse the services that they provide. Users of this database are strongly encouraged to perform due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to E firms that have self-certified their Section 3 status with the Department. a To correct your business's information, contact Sec3Biz@hud.gov. �- 'm How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet 0 Section 3 Eligibility Criteria? E If you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. 0 epartment of Housing and Urban Development at Sec :@hud.gov . Your email should contain the following information: • Your name,telephone number, and email address (this information will not be shared outside U) of HUD) cc as • Name,city, and state of firm that has allegedly misrepresented their status as a Section 3 CO business. N • Any narrative explanations describing why you believe that this firm does not meet the Section 3 Business eligibility criteria. _ w L Q -W 0 L 0 U t U) Q c v L d Q Q a d E Q Packet Pg. 323 https://porta lapps.h ud.gov/Sec3B usReg/B Reg istry/B usi nessDetai Is.acti on?bus i nessld=8499 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday,August 31, 2018 9:42 AM N To: matterewski@hotmail.com' Q Q Subject: Seeking Section 3 Subcontractor and Suppliers for the City of San Bernardino BID E below: Q SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: E 0 U- August 31,2018 m 3 0 J We will be bidding for the following: d E AGENCY. City of San Bernardino—Section 3 HUD Good Faith 0 L Q PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No.2331—Federal Funded(Section 3 GF) Y 3 BID DATE: September 12,2018 @ 2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: Q • Survey dN • Striping • Electrical y • Landscape o x All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramirezC allamericanas�txom. Q 0 L Thank you, v CL Kenona Holmes Q Public Works Contract Administrator 0 kholmes@allamericanas�halt.com PHONE.(951)736-7600 Ext.236 E FAX. (951)739-4671 Q Q a. d E 0 Q Packet Pg. 324 16.c U) ALLAMERICAN ASPHALT QE N"wnac Admen Jub&Wat& Comma Q.dministwtan a 400 Fast Six&Staeet i L Cow=, ea 92879 0 U- liPudinee@newcatwmpfiattxo-m 5'hmw. (951) 736-760V ext/236 00 3 .fax: (951) 736-7646 0 as 0 L Q E d .y d d L Co .y 0 W L Q V L 0 U t CL Q v �L d E Q Q CL d E 0 Q 2 Packet Pg. 325 8/31/2018 HUD Section 3 Business-All For 1 Engineering&Surveying 16.0 Section 3 Business Registry LO Self CertificationCIO U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity '�N1ENTo o�QP Fy0Gc� civ M a C? I Z =� i * G) E 20 �z U- /VV D EV E��e o J d E All For 1 Engineering & SurveyingOE .y Contact Information L Address co 0) All For 1 Engineering&Surveying y 699 N.Arrowhead Ave. Ste. 150 c x SAN BERNARDINO , CA 92401 = w Telephone (951) 300-3610 a L Website Address 0 Email CL matterewski@hotmail.com L Point of Contact E a Matt Nicholas a a Business Details E Employer Identification Number a 47-2084720 Packet Pg. 326 https://portalapps.h ud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessld=6987 Ili 8/31/2018 HUD Section 3 Business-All For 1 Engineering&Surveying 16.0 due diligence by verifying Section 3 eligibility before providing preference or awarding contracts to firms that have self-certified their Section 3 status with the Department. CO To correct your business's information, contact Sec3Biz@hud.gov. E How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet Section 3 Eligibility Criteria? a E If you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. t0 Department of Housing and Urban Development at Sec3Biz@hud.gov . m 3 0 Your email should contain the following information: J • Your name,telephone number, and email address (this information will not be shared outside of HUD) 0 L a • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 E business. • Any narrative explanations describing why you believe that this firm does not meet the Section U) 3 Business eligibility criteria. cc L CO N 3 0 W L Q -W V L 0 U cc t a U) Q c v L d E Q Q a d E Q Packet Pg. 327 https://portalapps.h ud.gov/Sec3Bu sReg/B Reg istry/B u si ness Detai is.action?busi ness Id=6987 8/31/2018 Search Results HUD Section 3 Business Registry 16.0 tTID.G3 U.S. Department of dousing and Urban Development � 00 Secretary Ben Carson N y+ Section 3 Business Registry OMB Approval No,2529-0052(exp.05/31/2018) INSTRUCTIONS FAQS CONTACT US V What is the Section 3 Business Registry. Q Am I a Section 3 Business , Register a Business E Search for a Business 0 u_ 00 3 Section 3 Business Registry Search Results E Search Criteria 0 • Location:Riverside-San Bernardino-Ontario,CA MSA Metropolitan Area Q- E • Business Capabilities:Other Y • Labor Union Certified Firm 3 Q The Riverside-San Bernardino-Ontario,CA MSA is made up of the following:Riverside County,CA;San Bernardino County,CA. y cc d Business Name Address Telephone Provided Services Environmental Remediation Services Inc. 16395 Chino Corona Road Abatement Abatement 0 (909)606-4225 3 dba ERSI CHINO,CA 91708 Demolition,Demolition 0 2 102 E Grand Blvd Hoffman Concrete Co.,Inc. CORONA,CA 92879 (951)372-8333 concrete L Q V Download results as a Microsoft Excel Workbook c 0 Disclaimer v HUD has not verified the information submitted by businesses listed in this registry and does not endorse the services that they provide. N Users of this database are strongly encouraged to perform due diligence by verifying Section 3 eligibility before providing preference or Q awarding contracts to firms that have self-certified their Section 3 status with the Department. L d How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet Section 3 Eligibility Criteria? E If you believe that a firm has misrepresented itself as a Section 3 Business,please email the U.S.Department of Housing and Urban Q Development at lec3Biz@bud.gov. § IL Your email should contain the following information: • Your name,telephone number,and email address(this information will not be shared outside of HUD) • Name,city,and state of firm that has allegedly misrepresented their status as a Section 3 business. Q • Any narrative explanations describing why you believe that this firm does not meet the Section 3 Business eligibility criteria. Packet Pg. 328 haps://portalapps.hud.gov/Sec3BusReg/BRegistry/SearchResults.action?metropolitanArea=METRO4014OM40140&capabilities=other&designations=i... 1/2 8/31/2018 Search Results HUD Section 3 Business Registry 16.0 U.S.Department of Housing and Urban Development 4517th Street S.W.,Washington,DC 20410 Telephone:(202)708-1112 TTY:(202)708-1455 LO ti N Q E M 0 Q O LL m O J d E O L Q E Q .y Q P CO IM E .y O W E L Q V Fa L C O U t CL Q v L Q E Q Q CL Q E M Q Packet Pg. 329 https://portalapps.hud.gov/Sec3BusReg/BRegis"/Search Results.action?metropolitanArea=METRO40140M40140&capabilities=other&aesigna ions=i... 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday, August 31, 2018 8:52 AM "' To: 'dean@hoffmanconcrete.com' d Subject: Seeking Quotes Section 3 Subcontractors and Suppliers for BID a E SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: 0 LL August 31,2018 m 3 0 J We will be bidding for the following: Q >_ AGENCY. City of San Bernardino—Section 3 HUD Good Faith c L Q PROJECT. Infill Housing-Sidewalk and Street Improvements Project No 13222 E CDBG No. 2331—Federal Funded(Section 3 GF) 0 3 d BID DATE: September 12,2018 Cy)2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: civ Q P • Survey co • Striping Im E • Electrical 0 • Landscape 0 x All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 and DBE Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have "a any questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.ramirezt�,Wlamericanasr:halt.com. a 0 L 0 Thank you, v CL Kenona Holmes a Public Works Contract Administrator civ kholmes@allamericanaspholt.com L Q PHONE.(951)736-7600 Ext. 236 E FAX. (951)739-4671 — Q a d E 0 a 1 Packet Pg. 330 8/31/2018 HUD Section 3 Business-Hoffman Concrete Co., Inc. 16.0 Section 3 Business Registry LO co Self Certification U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity �-�N1ENrpF E AQP y0 a 1 N a I Z ' E 0 1111111 LL Q m �eAN DEV �O o J Q E Hoffman Concrete Co . Inc . E .y Contact Information L Address n Hoffman Concrete Co., Inc. 3 102 E Grand Blvd ° x CORONA, CA 92879 - S Telephone 3 (951) 372-8333 0 ° L Website Address Email C a dean@hofFinanconcrete.com L Q Point of Contact a Dean Hoffman a (951) 372-8333 a Q Business Details a Business License 865726 Packet Pg. 331 https://porta lapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessld=8058 8/31/2018 HUD Section 3 Business-Hoffman Concrete Co., Inc. 16.0 To correct your business's information, contact 5ec3Biz@hud.gov. How Do I Notify HUD if I Suspect that a Business in this Registry Does Not Meet ti Section 3 Eligibility Criteria? N y+ C if you believe that a firm has misrepresented itself as a Section 3 Business, please email the U.S. E Lepartment of Housing and Urban Development at Sec3Biz@hud.go� a Your email should contain the following information: E 0 • Your name,telephone number, and email address (this information will not be shared outside U- of HUD) 0° 3 0 • Name, city, and state of firm that has allegedly misrepresented their status as a Section 3 J business. E • Any narrative explanations describing why you believe that this firm does not meet the Section 0 3 Business eligibility criteria. E 3 Q .y cc L CO N 3 0 Er- -W-W V L 0 U cc t U) Q c cc v L d E Q Q a Q E Q Packet Pg. 332 https://portalapps.hud.gov/Sec3BusReg/BRegistry/BusinessDetails.action?businessld=8058 16.c Kenona Holmes LO 00 ti From: Kenona Holmes Sent: Friday, August 31, 2018 9:39 AM N To: 'thienK@ersi-usa.com' Q Q Subject: SEEKING Section 3 Subcontractors and Supplier Quotes for bid below: E a SEEKING SECTION 3 SUBCONTRACTOR AND SUPPLIER QUOTES FOR THE FOLLOWING BID: ' >_ L 0 August 31,2018 u_ m 3 0 We will be bidding for the following: AGENCY: City of San Bernardino—Section 3 HUD Good Faith E d PROJECT: Infill Housing-Sidewalk and Street Improvements Project No 13222 0 CL CDBG No. 2331—Federal Funded(Section 3 GF) E BID DATE: September 12,2018 @ 2:OOPM Section 3 Quotes are requested for(but not limited to)the following suppliers: 0 • Survey d L • Striping 2 • co Electrical a� • Landscape y 0 0 All American Asphalt is an Equal Opportunity Employer and encourages the participation of Certified Section 3 = Subcontractors and Venders/Suppliers. Plans and Specifications are available for review in our main. If you have any r- questions please contact Maurice Ramirez at(951)736-7600 and/or email at m.romirez@allamericanasc.halt.com. "a ca 3 a Thank you, v 0 U Kenona Holmes Public Works Contract Administrator CL kholmes0ollamericanasphalt.com a PHONE.(951)736-7600 Ext. 236 FAX: (951)739-4671 L Q >_ a Q l G1 E AL RUCAN V t4 ASPHALT- Packet sPHALTPacket Pg. 333 16.c 3ferwna 3&bne.6 Yub&M46 eanftact adminTb t wt" 400 C"t Six&Shed Co Co ti eaxana, ea 92879 PrPdme,o@ tfanwmcanaopfiaetxam JPwm. (951) 736-7600 ext/236 Sax: (951) 736-7646 Q 0 U- m 3 O J d E O L Q E d .y d d L Co Im .r- 0 W L Q V L O U t CL Q v �L d Q Q CL d E Q 2 Packet Pg. 334 8/31/2018 HUD Section 3 Business-Environmental Remediation Services,Inc.dba ERSI 16.0 Section 3 Business Registry U) co Self Certification U.S. Department of Housing and Urban Development N Office of Fair Housing and Equal Opportunity �AVAENTOP E O�eP yO N a I � z E 0 LL 9egN D Ev��"� 0 J d E Environmental Remediation E Inc . ERSIServices nC . y L Contact Information co, .y 3 Address x Environmental Remediation Services, Inc. dba ERSI 16395 Chino Corona Road CHINO , CA 91708 a Telephone 0 (909) 606-4225 Website Address a Email E thienK@ersi-usa.com a a Point of Contact a Thien Khong Q (909) 606-4225 0 Business Details Packet Pg. 335 https:Hportalapps.h ud.gov/Sec3Bu sReg/B Reg i stry/BusinessDetai Is.action?business I d=8034 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q r � �L Q E Q Q CL Q E Q Packet Pg. 336 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL _ Q v �L Q E Q Q CL Q E Q Packet Pg. 337 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 338 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 339 16.c Co ti N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 340 16.c 1 Co ti N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 341 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 342 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 343 16.c Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 344 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 345 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 346 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 347 16.c LO Co ti LO N Q E t V Q O LL E O J Q E O L Q E d .y d d L Co .y O W L Q V L O U t CL Q v �L Q E Q Q CL Q E Q Packet Pg. 348 16.d AGREEMENT 3 a CITY OF SAN BERNARDINO co ti M y+ C THIS AGREEMENT is made and concluded this day of , 20 , between the E City of San Bernardino (owner and hereinafter "CITY"), and All American Asphalt. (hereinafter "CONTRACTOR"). a 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and E 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 a, cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and a equipment and perform all the work necessary to complete in good workmanlike and substantial manner the a� 0 L a INFILL HOUSING STREET AND SIDEWALK IMPROVEMENT PROJECT E (SS 19-003) 3 Q �n in strict conformity with Plans and Special Provisions No. 13222 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice L 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. 0 x 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as = w 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 a 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 is and according to the Plans and Special Provisions,and requirements of the Engineer under them. 0 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 a against or segregation of, any person or group of persons on the basis of race, color,national origin,religion, sex, 0 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 a contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, a which may result in the termination of this contract or such other remedy,as recipient deems appropriate. a c a� E a A-1 Packet Pg. 349 16.d AGREEMENT: INFILL HOUSING STREET AND SIDEWALK IMPROVEMENT PROJECT (SS 19-003) L Q 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 M 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. E 5. It is further expressly agreed by and between the parties hereto that should there be any conflict a 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. a� a� L 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. a� 0 L a CONTRACTOR CITY OF SAN BERNARDINO E NAME OF FIRM: 3 d All American Asphalt BY: ANDREA M.MILLER a City Manager BY: co Edward J. Carlson N 0 TITLE: Vice President ATTEST: 0 x MAILING ADDRESS: L 400 East Sixth Street 3 GEORGEANN HANNA a Corona,Ca 92879 City Clerk c c 0 U t PHONE NO.: (951) 736-7600 APPROVED AS TO FORM: U)- c ATTEST: L d GARY D. SAENZ, City Attorney a Secretary a c a� NOTE: Secretary of the Owner should attest. E If Contractor is a corporation, Secretary should attest. a A-2 Packet Pg. 350 17.a Consent Calendar 0 �o Q City of San Bernardino c Request for Council Action 4- D I�1 E Date: October 17, 2018 a To: Honorable Mayor and City Council Members L � From: Andrea M. Miller, City Manag Vn co By: Kathy Brann, Director of Economic Development/Housing Gretel Noble, Housing Manager 0 Z Subject: Amendment No. 1 to Subgrant Agreement for the Conduct of an Emergency Solutions Grant Project with Step Up on E Second Street, Inc. Q E a Recommendation Authorize the City Manager to execute Amendment No. 1 to the Subgrant Agreement ti for Emergency Solutions Grant with Step Up on Second Street, Inc. and authorize the City Manager or designee to take further actions to execute additional documents as necessary to effectuate the agreement. a w o= Backciround On January 17, 2018, the Mayor and City Council adopted Resolution 2018-21 E approving a Substantial Amendment to the FY 2017/18 Action Plan. The resolution L authorized allocation of Emergency Solutions Grant (ESG) funds to Step Up on Second a Street, Inc. (Step Up). L On March 7, 2018, the Mayor and City Council approved a twelve month contract with ; Step Up on Second in an amount not to exceed $205,000 in Emergency Solutions o Grant Funds for the provision of services to residents of the City of San Bernardino who experience chronic homelessness and related conditions. z Since the inception of the agreement on March 7, 2018, Step Up has linked 75 Q homeless persons who were willing to accept assistance to services. Of the 75 persons, 26 are pending placement into permanent housing. To date, Step Up has Q successfully transitioned seven homeless persons from the streets into permanent a. housing. Q Discussion x The proposed amendment to the Subgrant Agreement will correct an administrative w error. The term of the Subgrant Agreement was supposed to be 15 months but was Q E 10/11/20184:21 PM Packet Pg. 351 17.a erroneously noted as 12 months. Consequently, an amendment is needed to correct the term which will run from March 7, 2018 to June 6, 2019. ° U Q t Additionally, as a result of the City's ESG audit in June 2018 by the United States c Department of Housing and Urban Development, the City was directed to modify its ESG subgrant agreements. Therefore, an amendment is needed to address the audit 4) recommendations as follows: ° L 1 . Allocate the amount granted by ESG activity; and a 2. Specify the year in which the ESG funds being subgranted were allocated to the L City by HUD ° Step Up carries out two ESG activities: Street Outreach/Emergency Shelter and Rapid ° 0 Rehousing. Since the City will be entering into new ESG subgrant agreements for FY c 2018/19, the new agreements will be in the prescribed HUD format. However, because Z the Step Up Subgrant Agreement term is through June 6, 2019, it needs to be amended at this time to comply with HUD's audit recommendation. E Q 2018-19 Goals and Objectives E a The request for amendment of the subgrant agreement aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. The amendment will ti allow Step Up to continue addressing the needs of homeless persons for the 15 month term originally envisioned. 0 a Fiscal Impact w There is no fiscal impact to the City's General Fund. All funding utilized to support homeless activities was previously allocated by the Mayor and City Council and will E come from ESG funds. L Q Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Subgrant ; Agreement for Emergency Solutions Grant with Step Up on Second and authorize the c City Manager or designee to take further actions to execute additional documents as necessary to effectuate the agreement. z° Attachments Q Attachment 1 —Amendment Q E Ward: a Synopsis of Previous Council Actions: m January 17, 2018 -Substantial Amendment to the FY 2017-2018 Action Plan p Lu May 15, 2017—Resolution adopting the Fiscal Year (FY)2017-2018 United States E March 7, 2018— Resolution approving execution of contract with Step Up on Second Q 10/11/2018 4:24 PM Packet Pg. 352 17.b AMENDMENT NO. 1 TO SUBGRANT AGREEMENT FOR THE CONDUCT OF AN EMERGENCY SOLUTIONS GRANT PROJECT BETWEEN THE CITY OF SAN a, BERNARDINO AND STEP UP ON SECOND STREET,INC. 0 This Amendment No. 1 to Subgrant Agreement with Step Up on Second Street, Inc. ("this Amendment")is entered into and is effective as of September 19, 2018 by and between the City of c San Bernardino ("City")and Step Up on Second Street, Inc., a private nonprofit corporation licensed Z to do business in the State of California, ("Subrecipient"). 1. On March 7, 2018, City and Subrecipient entered into Agreement(the "Agreement"). E Q 2. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and Subrecipient hereby amend Agreement as follows: to (a) Attachment II is amended to read as follows: z w Project Budget o z CFDA Number and Name: 14.231 Emergency Solutions Grant a Federal Award Date: September 22, 2017 z w ESG Grant Number: E-17-MC-06-0539 x U Q ESG Funds Obligated: $204,889 Q Q Estimated Total Project Cost .....................$204, 889 d P Budgeted ESG Activities: Q a. Street Outreach/Shelter................$132,811 a� 0 b. Rapid Rehousing..................... $ 72,078 co 0 (b) Section 6 is amended to read as follows: c z 6. The period of performance of this Agreement shall be 15 months which period shall begin March 7, 2018 and end on June 6, 2019. All costs which are incurred on the Project by the E Subrecipient after the effective date of this agreement and which have been determined by the CITY to be appropriate and allowable costs of the Project shall be eligible for a reimbursement and payment hereunder. Q I CL 3. Except as expressly amended as set forth in this Amendment, all provisions of the N Agreement shall remain in full force and effect. _ 0 [Signatures on following page.] w Q E Q Packet Pg. 353 17.b CITY OF SAN BERNARDINO 2 3 co O By: Date: Andrea M. Miller, City Manager c z as STEP UP ON SECOND STREET, INC. E d E By: a Barbara Bloom, Chief Operations Officer Date: coti z Lu 0 z Lu Q z Lu x U Q H H Q d E d d L Q L co O r O z d E d E Q Q Q d -b.- co +co x W d E V Q 2 Packet Pg. 354 18.a Consent Calendar U City of San Bernardino . Request for Council Action .y 20 Date: October 17, 2018 E 0 U To: Honorable Mayor and City Council Members 0 From: Andrea Miller, City Manager m By: Renee Brizuela, Administrative Assistant to City Council co Subject: September 2018 City Board, Commission, and Citizen N Advisory Committee Approved Minutes Q E ° Recommendation C Receive and file the minutes from the City board, commission, and citizen advisory C.0 committee meetings approved in September 2018. coti Background On February 7, 2018, the Mayor and City Council adopted general provisions for the o City's boards, commissions and citizen advisory committees under Municipal Code w Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. U- Discussion coco In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in the month of September are presented for review by the Mayor and City Council including the: 0 L 1. Animal Control Commission —August 8, 2018 Q 2. Library Board —April 10, June 12 and August 7, 2018 a 3. Parks, Recreation & Community Services — July 19, 2018 4. Personnel Commission — June 26, August 14 and August 15, 2018 m 5. Planning Commission —August 14, 2018 co 6. Public Safety and Human Relations Commission —August 13, 2018 N 7. Water Board —August 28 and September 11, 2018 M E 2018-2019 Goals and Objectives Q Providing the agendas and minutes from each of the City's Boards, Commissions and o Citizen Advisory Committees to the Mayor and City Council is in alignment with Goal chi No. 5: Improve City Government Operations, and Goal 5(f): Improve orc;anizational efficiency and effectiveness. ° E a 10/11/2018 10:32 AM Packet Pg. 355 18.a r- Fiscal Impact N No fiscal impact to the City. Conclusion Receive and file the minutes from the City board, commission, and citizen advisory o committee meetings approved in September 2018. y E Attachment 0 Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in September 2018; c m ■ Exhibit "A" Animal Control Commission —August 8, 2018; ■ Exhibit "B" Library Board — April 10, June 12 and August 7, 2018; CO ■ Exhibit "C" Parks, Recreation & Community Services — July 19, 2018; N ■ Exhibit "D" Personnel Commission — June 26, August 14 and August 15, 2018; M ■ Exhibit "E" Planning Commission —August 14, 2018 Q ■ Exhibit "F" Public Safety and Human Relations Commission — August 13, n 2018; ■ Exhibit "G" Water Board —August 28 and September 11, 2018 CO 0 a w w w Q CO U; Q d 0 L Q Q Q U Q U U m 00 T- Q N L d E Q Q Q CO U U Q E t v Q 10/11/2018 2:56 PM Packet Pg. 356 L'ijY COUNCIL OFFit;E 18.b CITY OF SAN BERNARDINO 18 $Ep—7 PM 2: 49 EXHIBIT A MINUTES o City of San Bernardino N t ANIMAL CONTROL COMMISSION E Regular Meeting 0 Wednesday,August 8,2018 L O The regular meeting of the Animal Control Commission was called to order by Vice m Chairperson Marilyn Sauer, at 4:01 p.m., August 8, 2018, in the Personnel & Training v Conference Room,710 N. D Street,2°a Floor,San Bernardino,California 92401. co 0 Pledge of Allegiance Roll Call Q. co a� Roll call was taken by the Commission Secretary, Melina Perez-Ramirez, with the following present: Vice Chairperson Marilyn Sauer, Commissioner Jane co rl Ann Godager, Commissioner Jodi Buckley, Commissioner Charlotte LeVecque, Commissioner Maxine Henderson, and Commissioner Marlyn Taub. a Chairperson Jeffrey Frank was absent. X LU Lieutenant Francisco Hernandez, San Bernardino Police Department, was present. as E Rebekah Kramer, Office of the City Manager,was present. A-A Public Comments on items on the Agenda and not on the Agenda q d Elizabeth Shilling, Redlands, expressed support for coalition of non-profits with public sector in order to save animal shelter. V a� Lisa Jasso,resident,made a complaint regarding neglected dogs. o Q. Q. Janet Chaney, resident, expressed opposition for potential of shelter outsourcing. She Q stated that shelter should be renovated. U Q U U Janine Nielsen,"Daisy's Hope Foundation,"provided a brief introduction for a potential m coalition between non-profit organization"San Bernardino Animal Care Foundation"and V- the Animal Control Commission. She distributed a document citing the Animal Control N Commission's duties as referenced in Resolution No. 2018-45. Q E Jennifer Rosengard, "Daisy's Hope Foundation," addressed her concerns regarding ., unused animal shelter improvement funds. She requested to bring in own contractors to N assess the necessary shelter,improvements. v Q E -1- � ca Q Packet Pg. 357 18.b Shirley Harlan, resident, informed Commission that she constructed a letter to be distributed to potential funding entities that would be interested in teaming up with "San c Bernardino Animal Care Foundation." y E Alice Chow, "Dream Team Angels Rescue," gave brief presentation of shelter research c she conducted and newly launched non-profit organization "San Bernardino Animal 0 Care." She stated she has a potential meeting with San Manuel set for early September 2018. c m Lydia Savala, resident, expressed the need for a financial committee to be formed to v address shelter revenue possibilities. co 0 N A-B Agenda Additions None CL d CONSENT CALENDAR `" ti co ti A-1 Minutes of the Regular Meeting of July 11,2018 Commissioner LeVecque moved to approve the minutes of the regular meeting W.- of of July 11,2018. X Commissioner Buckley seconded the motion. W The motion carried by the following vote: Q Ayes: Sauer, Godager,Buckley,LeVecque,Henderson,and Taub is Nays: None q Abstain: None d Excused: None Absent: Frank Q A-2 Correspondence: This item is for any correspondence the Secretary has received o' to bring to the full Board's attention. Q Q Melina Perez-Ramirez, Commissioner Secretary, received a business card from v Angela Halfman pertaining to her non-profit organization "Cause for San v Bernardino Paws." m 00 Melina Perez-Ramirez, Commissioner Secretary, received a document from N Janine Nielsen citing the Animal Control Commission's duties as referenced in Q Resolution No.2018-45. E Q Melina Perez-Ramirez, received a Google search print-out from Commissioner N LeVecque requesting ASPCA grants be reviewed by the Animal Control ci Commission Liaison. v Q E -2- Q Packet Pg. 358 18.b ca END OF CONSENT CALENDAR .2 o E A-3 Update Regarding Commissioner's Efforts in Contacting Potential Funding c Options v L Lieutenant Francisco Hernandez, San Bernardino Police Department, gave a m° brief overview of next steps regarding Commissioners' efforts in contacting >, potential funding options and answered questions for the Commissioners. v 00 Commissioner LeVecque stated she researched potential grants and provided N document requesting Animal Control Commission liaison follow-up. Q E Commissioner Buckley requested potential animal shelter funding be sought via Q educational channels. She stated she would provide contact information for the N Animal Control Liaison to follow-up with. ti 00 ti Commissioners inquired about animal shelter's acreage. C9 Commissioner LeVecque requested updates on recruitment process for licensing checkers. Rebekah Kramer, Office of the City Manager, answered questions for the w Commissioners. Q Commissioner Godager made a motion to agendize the creation of a E subcommittee to visit other local shelters to conduct research and bring back to the Commission. a vi Commissioner Buckley seconded the motion. The motion carried by the following vote: Q Ayes: Sauer,Godager,Buckley,LeVecque,Henderson, and Taub ° Nays: None Abstain: None Q U Excused: None Q U Absent: Frank m co A4 Captain's Report o L 1. July 2018 Animal Control Statistics M Q A-5 Animal Control Commission Announcements Q co Commissioner LeVecque requested the euthanasia rate be added to the Captain's v Report. Q E -3- Packet Pg. 359 18.b ADJOURNMENT 0 Commissioner LeVecque moved and Commissioner Buckley seconded the y motion that the Commission adjourn to the next regularly scheduled meeting of E Wednesday, September 12, 2018 at the Personnel & Training Conference Room, 0 710 N. D Street,2nd Floor, San Bernardino,CA 92401. U L Minutes Adopted by the Animal Control Commissioners: 0 Date Approved: v Minutes Prepared by: 00 0 N L d E Melina Perez-Ramirez Q Animal Control Commission Secretary N ti 00 ti C9 x w Q E Q vi d Q 0 L Q Q Q U Q U U 00 0 0 N L Q M E Q Q Q co U U Q E -4- 0 Q Packet Pg. 360 18.b EXHIBIT B 1 San Bernardino Public Library 2 BOARD OF TRUSTEES MEETING 3 April 10,2018, 3:04 p.m. 4 U) 5 MINUTES E E 6 0 7 The meeting of the Board of Trustees of the San Bernardino Public Library was held in the 8 Board Room of the Norman F. Feldheym Library, 555 West 6th Street, San Bernardino, m 9 California. 10 11 CALL TO ORDER: The meeting was called to order by President Milton Clark at 3:04 p.m. co 12 N L 13 ROLL CALL: 14 Present: Milton Clark, President E 15 Carolyn Tillman,Vice President Q. 16 Valerie Lichtman, Secretary 17 Thomas Rennard,Trustee co 18 Ed Erjavek, Library Director 1-� 19 Steven Graham, Deputy City Attorney 20 21 Public Comments not on the Agenda: None 22 23 CLOSED SESSION ITEMS: None w 24 25 OPEN SESSION ITEMS: a 26 Communications/Corres ondences: None 27 2 28 Approval of Minutes: MOTION: TO APPROVE THE MINUTES OF THE REGULAR q 29 MEETING OF MARCH 13, 2018 AS AMENDED. LICHTMAN - RENNARD 30 APPROVED. 31 32 Library Director's Report: 33 The landscaping has been looking better lately. The Library Director has asked the City to 0 34 consider replacing the lawns with xeriscaping designs. The City will look for possible funding to a 35 improve at least part of the area around the building. v 36 a 37 The first reading of the Municipal Code was approved by the Mayor and Common Council. m 38 Changes made to the Code at the first reading will show at the second reading, which will be 00 39 followed by the final reading. N 40 41 Overdrive had its best ever circulation in March: 370 past, 413 now. E 42 Q 43 Fliers for library programs were made available and thanks given to Linda Yeh for her continued N 44 work to provide the Library with varied and interesting programming. Ms. Tillman added a flier v 45 for the 2018 Celebration of the Performing Arts, which is to be held April l Ph. Q San Bernardino Public Library Board of Trustees Meeting cC April 10,2018 Page 1 of 4 Q Packet Pg. 361 1 Review of LibrM Statistics: Due to problems in gathering of the numbers, the statistical report 2 wasn't available in time for this meeting. The Library Director will make them available to Board 3 members as soon as the report is ready. ° N 4 5 Review of FY 2017/2018 Library Budg : We are three-quarters the way through the year E 6 budget-wise, per the Budget Performance Report. Pages ten through fifteen reflect current FY v 7 2018/2019 budget proposals. 1,6 8 0 9 The roof replacement needed at the Rowe Branch has been approved by the Community 0° a 10 Development Block Grant committee, thanks a lot to Steve Graham's hard work with them and 11 the Public Works and Housing Departments. Both departments will share responsibility for this co 12 project. N L 13 ° 14 Mr. Graham also obtained the email address and responsible person to give the Library E 15 information about the Mexico Restaurant fundraiser. Mr. Graham will send this information to a 16 the Library Director and the Foundation staff. co 17 co 18 Attorney Business: None. � 19 20 Board President's Report: a 21 A. Dr. Clark contacted Helen Tran regarding a letter he received from her office requiring 22 Board members to attend a training session to be held on May 23, 2018. After a 23 conversation with Ms. Tran, it was determined that Library Board members would not w 24 have to attend, as only paid members of boards and commissions are required to. 25 a 26 B. Mr. Graham offered to put together some of the curriculum regarding the training and E 27 present it to the Board at one of its meetings. Dr. Clark suggested putting it on the next 28 agenda for discussion. 29 a 30 C. The Morgan Stanley monthly reports were not user-friendly. Dr. Clark spoke with the 31 Library's Fund Manager, Barbara Fleming and she, with assistance from the Library's 32 Administrative Assistant, Nicole Randles, produced an electronic report that is much 33 easier to read. After giving each member a copy to peruse, it was determined that the o 34 Board should lower the available cash numbers. a 35 36 At this time, the Library Director stated that he will request approximately $8,000 today v 37 and shared that the Foundation and the Friends Groups are running low in cash. Dr. Clark m 38 suggested giving $8,000 to staff training as requested by the Director, then lowering the 00 39 cash balance on hand to $20,000. This was agreed to by Board members. Dr. Clark also N 40 asked Ms. Fleming to attend the July meeting to discuss proposals of where to put the 41 returned cash, and other ways the Board can assist the good of the account. He offered to E 42 do this type of report on the Morgan Stanley account quarterly. Q 43 co 44 Old Business: 6 45 Library Director's Budget Pro?osal for FY 2018/2019: The numbers shown on pages 10 through 46 15 reflect(essentially)the budget for FY 2018/2019 not yet voted on by the Mayor and Common Q San Bernardino Public Library E Board of Trustees Meeting April 10,2018 Page 2 of 4 Q Packet Pg. 362 18.b I Council. The Library Director presented the Board with a proposal, pages 16 through 19, which 2 would add needed funding to the first pages, and explained the charts and numbers. The Library 3 Director met with the City Manager and Finance Director and discussed his report with them. 4 They will review the Library Director's budget proposals and get back to him after reviewing the 5 other departments'proposals. c 6 V 7 MOTION: TO APPROVE PAGES TEN THROUGH FIFTEEN OF THE FIRST 8 BUDGET PROPOSAL FOR FY 2018/2019 PRESENTED TO THE BOARD ON APRIL m 9 10,2018. TILLMAN- RENNARD-APPROVED. 10 11 MOTION: TO GIVE AUTHORITY TO THE INCREASES TO THE ORIGINAL co 12 PROPOSAL STATED ABOVE AS PRESENTED BY THE LIBRARY DIRECTOR ON N 13 PAGES 16 THROUGH 191, PRESENTED TO THE BOARD ON APRIL 10, 2018. 14 TILLMAN-RENNARD -APPROVED. E 15 �- 16 Revised Total for VMWare and SonicWall Training for IT Staff R uested from Board Account: co 17 The Library Board previously approved up to $6,500 for online VMWare and SonicWall firewall co 18 training for the Library's IT staff. IT Manager Joe Michaud has since learned that the VMWare 19 training actually costs more than originally quoted. The Director requested a revised amount 20 from the Board's account of not to exceed $8,000. MOTION: TO APPROVE FUNDS OF a 21 NOT TO EXCEED $8,000 FOR VMWARE AND SONICWALL FIREWALL TRAINING 22 SESSIONS FOR IT STAFF JOE MICHAUD AND RICARDO CORTEZ. LICHTMAN 23 RENNARD - APPROVED. w 24 25 New Business: 26 Authorization of Library Director to Annually Allow Later Closing of Kellog,, Rooms for E 27 Library Foundation Annual Meeting: MOTION: TO ALLOW THE LIBRARY DIRECTOR c 28 AUTHORIZATION TO LET THE LIBRARY FOUNDATION USE THE KELLOGG 29 ROOMS FOR THEIR ANNUAL MEETINGS UNTIL 8:00 P.M., THIS YEAR AND IN a 30 FUTURE YEARS, AT HIS DISCRETION. THE FOUNDATION WILL BE 31 RESPONSIBLE FOR PAYING FOR THE SECURITY GUARD'S OVERTIME. 32 RENNARD-LICHTMAN -APPROVED. 33 ° 34 Director's Pro osal that the Cily of San Bernardino IT Dept. Provide Vo1P Phone Service/Phone a 35 Lines: The Library Director recommended the Library's Vo1P phone service beprovided by the v 36 City's IT department for FY 2018/19 since a-rate phone support has been phased out. Also, that v 37 four analog lines from Spectrum be renewed for a cost of$29.99 before taxes, on a month-to m 38 month basis. The Library Director also requests that the Board give him authority to make design co 39 changes to the Library's use of an automated attendant as patrons call the Library to include the N 40 Villasenor Branch. MOTION: TO APPROVE THE LIBRARY DIRECTOR'S 41 RECOMMENDATIONS REGARDING THE LIBRARY'S VOIP PHONE SERVICE E 42 BEING PROVIDED BY THE CITY'S IT DEPARTMENT FOR FY 2018/19, AND THAT Q 43 FOUR ANALOG LINES FROM SPECTRUM BE RENEWED FOR A COST OF $29.99 co 44 ON A MONTH-TO-MONTH BASIS. THE BOARD APPROVES THE LIBRARY v 45 DIRECTOR'S REQUEST TO HAVE THE AUTHORITY TO MAKE DESIGN Q San Bernardino Public Library Board of Trustees Meeting April 10,2018 Page 3 of 4 Q Packet Pg. 363 18.b I CHANGES TO THE LIBRARY'S USE OF AN AUTOMATED ATTENDANT TO 2 INCLUDE THE VILLASENOR BRANCH.LICHTMAN -RENNARD -APPROVED. 0 3 U) 4 A neement with Quality Cop3jng Inc. for Public Photocopying, etc.: MOTION: TO U) 5 APPROVE AN AGREEMENT WITH QUALITY COPYING, INC., AS PRESENTED BY c 6 STEVE GRAHAM AND RECOMMENDED BY THE LIBRARY DIRECTOR, FOR 7 PHOTOCOPYING AND COMPUTER PRINTING SERVICES THROUGH June 30, 2019 8 WITH THE POSSIBILITY OF FOUR ONE-YEAR EXTENSIONS AFTER THAT TIME 0 9 PERIOD.LICHTMAN-RENNARD -APPROVED. >, 10 11 City Library Foundation Report: Mary Chartier reported that the Foundation's meeting is next 00 12 week, April 16. She also stated that they are working on fundraising ideas, perhaps a costume N 13 event in October. The Foundation is also looking at their investments to become more aware of Q 14 what they can spend. E 15 CL 16 Adjournment: MOTION TO ADJOURN AT 4:27 P.M. LICHTMAN — RENNARD N 17 APPROVED. " co 18 19 Respectfully submitted on behalf of 20 Valerie Lichtman,Board Secretary 21 22 Donna Rice, Recorder x w d E a vi d d 0 L Q Q Q U Q U U 00 o 0 N L d E d Q d co U U Q San Bernardino Public Library Board of Trustees Meeting 0 April 10,2018 Page 4 of 4 Q Packet Pg. 364 18.b aAR � MINUTES City of San Bernardino 0 Library Board of Trustees y -' June 12,2018 E E 0 U 1 � L 2 1. Call to Order 0 3 m 4 The regular meeting of the Library Board of Trustees was called to order by President ' 5 Dr. Milton Clark, at 3:05 PM., June 12, 2018, in Feldheym Central Library co 6 Administration Board Room, San Bernardino, California. N 7 d 8 2. Pledge of Allegiance E 9 d CL 10 Pledge of Allegiance not taken. 0 co 11 ti 12 3. Roll Call 00 ti 13 14 Roll call was taken by the Executive Assistant to the Director Nicole Randles,with the c? 15 following present: Q 16 _ ATTENDEE NAME TITLE STATUS x - - w Dr. Milton Clark President Present Carolyn Tillman Vice President Present E Valerie Lichtman Secretary Present Dr. Thomas Rennard Board Member Present y as 17 18 ALSO PRESENT: Library Director Edward Er avek, Deputy City Attorney Steven 19 Graham, and Executive Assistant to the Director Nicole Randles. 20 0 21 4. Public Comments on items on the Agenda and not on the Agenda Q 22 Q 23 None. v Q 24 V U 25 5. Closed Session 00 co 26 0 27 None. `" L 28 M 29 6. Consent Calendar E Q 30 CL 31 a. Minutes of the Regular Meeting of(May 15,2018) co 32 V 33 MOTION: APPROVE THE MINUTES OF THE REGULAR MEETING OF 34 MAY 15,2018 AS AMENDED.LICHTMAN—RENNARD—APPROVED. 35 E Library Board of Trustees - 1 - Regular Meeting June 12,2018 2 Q Packet Pg. 365 18.b 1 b. Monthly Financial Reports 2 c�a 3 None. 0 4 y 5 c. Correspondence E 6 E 0 7 None. U 8 9 END OF CONSENT CALENDAR 0 10 >, 11 At this time, Board members agreed to begin with the San Bernardino City Library v 12 Foundation's Report to facilitate the speaker's schedule. 00 13 N 14 Assistant Secretary Mary Chartier thanked everyone who participated in the Mexico C66 Q 15 Fundraiser. E Q 16 Q 17 The Annual Members Meeting will be held in the Kellogg Rooms at Feldheym Library on N 18 June 28, 2018 at 5:30 PM. SBCLF extended an invitation to the Board and library staff. ti 19 ti 20 SBCLF designated money to go to the American Girl Dolls project allowing children to 21 check out a doll and a book. Project will start in August. �? 22 Q 23 7. Library Director's Report _ 24 X X 25 a. Status of the Libraries w 26 }' 27 None. d E 28 29 b. Month In Review 30 Q 31 The library is waiting to hear from the Water Department regarding xeriscaping. A 32 representative may present plans in the July Board meeting. E 33 34 The construction on the Rowe Branch roof should be completed within the next d 35 few weeks. CL 36 CL 37 There are enough CDBG funds to replace the AC system at Feldheym. Q U 38 Q 39 The State Library awarded the library a grant to purchase Spanish-language m 40 children's books with a quick turnaround. Invoices will be submitted in order for co 41 the library to be reimbursed from Brodart. o 42 L 43 An assessment of city buildings, including the library, will occur in the next 6 M 44 months to determine any deficiencies and help set priorities where money should Q 45 be spent. N 46 47 The Summer Reading Program held kick-off events, beginning on June 2, 2018 at 48 all 4 branches with animal shows. There were 120 in attendance at Feldheym, 49 approximately 40 each at Inghram and Villasenor, and 80 at Rowe. Sign-ups so far 50 include 270 at Feldheym, 87 at Inghram, 166 at Rowe, and 46 at Villasenor. E Library Board of Trustees -2- Regular Meeting June 12,2018 Q Packet Pg. 366 18.b ' 1 � 2 c. Review of Library Statistics v 3 4 Adult circulation stayed steady in May with a drop in children's. Overall,there was 5 only a slight drop in May. Patron visits were up from the same time last year. 6 0 7 There was a drastic decline in resources, such as Brainfuse. The Library Director v 8 was unable to determine the reason for such a drop. The agreement with 9 ReferenceUSA expired and with a change in their sales personnel it has been c 10 difficult to renew. This accounts for a drop in searches by approximately 350. m 11 U 12 d. Review of Library Budget 00 13 N 14 Budget year 17/18 is nearing the end and there is a push to submit invoices and last 15 minute purchases to the Finance Department on time. E Q 16 Q 17 Line items for "Other Professional Services" including item 5505 for fire/safety N 18 alarms are slightly over budget, however,the Library Director has no concerns at ti 19 this time. ti 20 21 8. Library Board President's Report �? 22 Q 23 Due to a number of board members being unavailable,the board decided to cancel the 24 July meeting and meet on August 7,2018. X 25 W 26 Dr. Clark spoke to the board's financial advisor with Morgan Stanley who may attend 27 the August meeting. 28 29 Dr. Clark voiced his opinion regarding the City Manager and her imposition on the 30 rules of the Board and that he may not reapply if it is required of board members. The q 31 notice was received at the May meeting. According to the City Manager, it is required Q 32 that all board members reapply once their term is completed. 33 34 9. Attorney's Report Q 35 0 36 The city is in discussion to contract out attorney services.Deputy City Attorney Steven Q 37 Graham shared with the Board that he submitted his resignation with the first week of Q 38 July being his last with the city. All attorneys, except for one,have resigned. v 39 m 40 10. Old Business 00 41 c 42 a. During the Mayor and City Council meeting it was decided to decrease the library's 43 budget by$2,000. M E 44 45 MOTION: ADOPT NEW 2018/2019 BUDGET OF $1,843,066. TILLMAN — Q 46 LICHTMAN—APPROVED. co 47 V 48 11.New Business 49 Q E Library Board of Trustees -3- Regular Meeting June 12,2018 Q Packet Pg. 367 18.b 1 a. Library Director Ed Er avek spoke to the Board about authorizing the Director to 2 pay invoices up to $15,000. 3 4 MOTION: AUTHORIZE LIBRARY DIRECTOR TO PAY INVOICES UP y 5 TO$15, 000.LICHTMAN—RENNARD—APPROVED. 6 E 7 b. The board discussed extending the lease agreement for FY 18-19 for the Inghram v 8 Branch Library at the New Hope Family Life Center. �a 9 m 10 MOTION: EXTEND LEASE AGREEMENT FOR THE INGHRAM 11 BRANCH AT NEW HOPE FAMILY LIFE CENTER. LICHTMAN — v 12 RENNARD — APPROVED. TILLMAN — ABSTAINED AS SHE IS A 00 13 MEMBER OF NEW HOPE MISSIONARY BAPTIST CHURCH. N L 14 Q 15 c. The current agreement with Brodart ends June 30,2018.In order to submit invoices E 16 for the Spanish-language grant,the agreement needs to extend one month until July Q 17 31, 2018. N 18 ti 19 MOTION: EXTEND BRODART AGREEMENT TO JULY, 31 2018. ti 20 LICHTMAN—RENNARD—APPROVED. 21 22 d. Until the city's takeover with Cenic is complete, the Library Director requested to y 23 extend its agreement with Spectrum and Level 3 on a month-to-month basis. 24 x 25 MOTION: EXTEND AGREEMENT WITH SPECTRUM AND LEVEL 3 ON w 26 A MONTH-TOM-MONTH BASIS. TILLMAN — LICHTMAN — 27 APPROVED. Q 28 29 12. San Bernardino City Library Foundation 30 Q 31 a. Update by Foundation Liaison member(s). Oral presentation only. 32 33 See Page 2 of minutes. 34 d 35 13.Adjournment ° CL 36 Q 37 There being no additional business to discuss,President Dr. Clark adjourned to the v 38 next regularly scheduled meeting of August 7,2018 at 3:00 PM. v 39 m 40 MOTION FOR ADJOURNMENT AT 4:09 PM. TILLMAN—LICHTMAN— 00 41 APPROVED. o 42 43 M E 44 +; 45 d 46 Respectfully recorded and submitted on behalf of Valerie Lichtman, Board Secretary by co U 47 Nicole Randles, Executive Assistant to the Director. v Q E Library Board of Trustees -4- Regular Meeting June 12,2018 M Q Packet Pg. 368 MINUTES City of San Bernardino 0 Library Board of Trustees y August 7,2018 E E 0 U 1 2 1. Call to Order c 3 m 4 The regular meeting of the Library Board of Trustees was called to order by President 5 Dr. Milton Clark, at 3:05 PM., August 7, 2018, in Feldheym Central Library co 6 Administration Board Room, San Bernardino,California. N 7 L 8 2. Pledge of Allegiance M 9 d 10 Pledge of Allegiance not taken. Q 11 co 12 3. Roll Call 00 ti 13 14 Roll call was taken by the Executive Assistant to the Director Nicole Randles,with the 15 following present: 16 ATTENDEE NAME TITLE STATUS x w Dr. Milton Clark President Present Carolyn Tillman Vice President Excused Q Valerie Lichtman Secretary Present Dr. Thomas Rennard Board Member Present q 17 18 ALSO PRESENT: Library Director Edward Er avek, Marianne Hugo from Inland 19 Empire WATERKEEPER, Devin Arciniega from the City of San Bernardino 20 Municipal Water Department,and Executive Assistant to the Director Nicole Randles. c 21 Q 22 4. Public Comments on items on the Agenda and not on the Agenda C 23 U 24 None. v 25 m 26 5. Closed Sessionco 27 N 28 None. Q 29 E 3o At this time, Board members agreed to begin with New Business to facilitate the Q 31 speakers' schedule. N 32 U 33 h. Carol Dixon from the Assistance League requested of the Board to waive meeting 34 room and meal clean up fees and permit usage of the Bing Wing Auditorium and Q E Library Board of Trustees - 1 - Regular Meeting August 7,2018 M Q Packet Pg. 369 18.b I Mary Belle Kellogg Rooms outside of standard library hours for its meeting in 2 preparation for its Headdress Ball. 3 0 4 MOTION: APPROVE THE ASSISTANCE LEAGUE'S REQUEST OF y 5 USAGE OF BING WONG AND MARY BELLE KELLOGG ROOMS 6 AFTER HOURS AND WAIVER OF RENTAL AND CLEAN-UP FEES c 7 WHILE BEING RESPONSIBLE FOR SECURITY GUARD FEES. v 8 RENNARD—LICHTMAN—APPROVED UNANIMOUSLY. 9 0 10 a. Devin Arciniega from the Water Department and Marianne Hugo, a consultant m 11 from Inland Empire WATERKEEPER,presented possible designs for the proposed j 12 xeriscaping project for Feldheym Central Library grounds. The Water Department 00 13 and Inland Empire WATERKEEPER plan to have a concrete design for Board N 14 review by the October 2018 Board meeting. Q 15 E 16 MOTION: APPROVE PRELIMINARY XERISCAPING DESIGN Q 17 PROPOSAL.RENNARD—LICHTMAN.APPROVED UNANIMOUSLY. N 18 ti 19 6. Consent Calendar ti 20 21 a. Minutes of the Regular Meeting of April 10, 2018 and June 12,2018 �? 22 y 23 Due to time constraints,the regular minutes of the April 10,2018 and June 12,2018 24 meetings will be reviewed during the September 11,2018 meeting. x 25 w 26 b. Monthly Financial Reports 27 E 28 None. 29 30 c. Correspondence q 31 °r 3 32 None. E 33 34 END OF CONSENT CALENDAR 35 0 36 7. Library Director's Report C 37 V 38 a. Status of the Libraries a U 39 V 00 40 None. co 41 N 42 b. Month In Review L Q 43 M 44 I]ue to time constraints, the monthly review will be rescheduled for the September d 45 11, 2018 meeting. N 46 47 c. Review of Library Statistics v 48 49 Due to time constraints, review of monthly statistics will be rescheduled for d 50 September 11, 2018 meeting. Library Board of Trustees -2- Regular Meeting August 7,2018 2 Q Packet Pg. 370 18.b 1 � 2 d. Review of Library Budget 3 0 4 Due to time constraints, review of library budget will be rescheduled for the N 5 September 11,2018 meeting. E 6 E 0 7 8. Library Board President's Report 8 9 The Board's financial advisor from Morgan Stanley, Barbara Fleming, gave a 0 10 performance review of all current accounts. >, 11 U 12 In the last quarter,the account returned 1.76%with year-to-date returns at 1.58%. co 0 13 N 14 The original balance of the account at its inception on 8/29/2005 was$593,000. Since 15 then, the account had $480,000 in withdrawals and $149,000 in earnings with a total E 16 current balance of$261,778. Q. 17 co 18 Ms. Fleming requested the Board to sign the Single Advisory Contract which governs 19 the terms of the Board's existing and future investment advisory accounts and ti 20 relationship with Morgan Stanley, as well the Authorized Persons and Enabling 21 Resolutions for Corporations form if the signatories on the account have changed. �? 22 Board President Dr. Clark recommended that Library Director Edward Erjavek be one N 23 of the signatories. 24 x 25 9. Attorney's Report w 26 27 None. E 28 29 10. Old Business 30 Q 31 None. 32 33 11.New Business 34 35 a. See page 1 and 2. 0 0. 36 0- 37 b. The Board discussed updating the library policy for charging personal devices. v 38 Updates include: Q U 39 U 40 4.8.1 Individual hand-held devices may be charged using library-provided power strips 00 41 elee#ieal outlet marked by"Charging Zone" signage so long as cords don't pose a N 42 hazard to others.Patrons may not plug devices directly into electrical outlets on floor. a- 43 M 44 4.8.3 Patrons may charge a maximum of two devices at a time. Devices may not be 45 unattended. Patron's personal power strips,battery backup units, surge protectors and N 46 any other hardware to charge multiple devices cannot be connected or used in ci 47 conjunction with library power strips in "Charging Zones" that may create a circuit 48 overload or anything else that may create a safety hazard. 49 Q Library Board of Trustees -3- Regular Meeting August 7,2018 2 Q Packet Pg. 371 18.b 1 4.8.6 The library reserves the right to utilize tables normally used for public charging of 2 devices for library programs and activities. 3 0 4 MOTION: APPROVE UPDATE TO LIBRARY POLICY FOR CHARGING y 5 PERSONAL DEVICES AS PRESENTED. RENNARD — LICHTIVIAN. E 6 APPROVED UNANIMOUSLY. E 0 7 V 8 c. The Library Director requested approval of the annual maintenance agreement with 9 The Library Corporation for the library's Integrated Library System for$34,021. 0 10 �. 11 MOTION:APPROVE THE ANNUAL MAINTENANCE AGREEMENT WITH v 12 THE LIBRARY CORPORATION FOR $34,021. RENNARD — LICHTMAN. 00 13 APPROVED UNANIMOUSLY. N L 14 Q 15 d. The Library Director requested approval of a six-month ban for patron Mr. Kevin E 16 Summey from all library branches due to violations of the Patron Code of Conduct. Q 17 v) 18 MOTION: APPROVE THE SIX-MONTH BAN FOR PATRON MR. KEVIN00 19 SUMMEY FROM ALL LIBRARY BRANCHES. LICHTMAN—RENNARD. 20 APPROVED UNANIMOUSLY. 21 22 e. The Library Director requested approval of the permanent ban for patron Mr. Rocky a 23 Gomez and Mr. James McGaughey from all library branches due to severe violations 24 of the Patron Code of Conduct. x 25 ua 26 MOTION: APPROVE THE PERMANENT BAN FOR PATRON MR. 27 ROCKY GOMEZ AND MR. JAMES MCGAUGHEY FROM ALL Q 28 LIBRARY BRANCHES. LICHTMAN — RENNARD. APPROVED 29 UNANIMOUSLY. 30 Q 31 f. The Board discussed the Library Director's recommendation to increase library budget 32 by up to $20,000 after receipt of possible grants for library books and grant-funded E 33 literacy budget by $10,000 after receipt of Makerspace grant funding from the 34 California State Library. > 35 36 MOTION: APPROVE THE REQUEST TO INCREASE OF THE LIBRARY a 37 BUDGET BY $20,000 FOR BOOKS AND THE LITERACY BUDGET BY v 38 $10,000 FOR MAKERSPACE TO REFLECT GRANT RECEIPTS.RENNARD v 39 —LICHTMAN.APPROVED UNANIMOUSLY. m 40 00 41 g. The Library Director requested approval to increase price of flash drives available to N 42 public to$6 each due to the GB increase from 1 to 4 GB. 43 M 44 MOTION: APPROVE THE INCREASE OF PRICE OF FLASH DRIVES 45 AVAILABLE TO PUBLIC TO $6 EACH. RENNARD — LICHTMAN. N 46 APPROVED UNANIMOUSLY. ci 47 V 48 h. See page 1. 49 Q 50 12. San Bernardino City Library Foundation Library Board of Trustees -4- Regular Meeting August 7,2018 Q Packet Pg. 372 18.b 1 � 2 a. Update by Foundation Liaison member(s). Oral presentation only. 3 0 4 None. y 5 E 6 13.Adjournment c 7 V 8 There being no additional business to discuss,President Dr. Clark adjourned to the 9 next regularly scheduled meeting of September 11, 2018 at 3:00 PM. m0 10 >� 11 MOTION FOR ADJOURNMENT AT 5:00 PM. RENNARD—LICHTMAN00 v 12 —APPROVED. 0 13 N L 14 15 d 16 CL 17 Respectfully recorded and submitted on behalf of Valerie Lichtman, Board Secretary by N 18 Nicole Randles, Executive Assistant to the Director co ti c9 X LU d E Q vi d d 0 L Q Q Q U Q U U 00 0 T- 40 N L d E d Q d co U U Q E t v Library Board of Trustees -5- Regular Meeting August 7,2018 0 Q Packet Pg. 373 18.b ARxjt�o EXHIBIT C CITE OF SST BERNARDINO _ 201A North "E" Street➢ Suite 103 2 4 San Bernardino CA 92401 E 1= 9 0 L MINUTES °_ m FOR THE V 00 Regular Meeting OF THE PARKS & RECREATION COMMISSION o N OF THE CITY OF SAN BERNARDINO Thursday, July 19, 2018 . ;a. PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT 0 co CONFERENCE ROOM AT 201A North "E" Street, Suite 103, SAN BERNARDINO, CA 92401 ti WWW.SBCITY.ORG ti c� CALL TO ORDER a 2i The Parks & Recreation Commission Meeting was called to order by Chairperson Janette McKaig at 4:11 x p.m., Thursday, July 19, 2018 in the Conference Room at 201A North "E" Street, Suite 103, San w Bernardino, CA 92401. _ Q Attendee Name Status Arrived City Commissioner,VACANT City Commissioner, VACANT y Commissioner Ward 1, Carlos Gomez Present 3:50 pm Commissioner, Ward 2, -Frank J. Flores Present 4:10 pm Commissioner, Ward 3, Brenda Bell Absent Commissioner, Ward 4, VACANT 0 L Commissioner, Ward 5, Brian Davison Present 3:55 pm 0- 0. Commissioner, Ward 6, Charle'Jacobs Present 3:57 pm a U Commissioner, Ward 7,Janette McKaig Present 4:04 pm Director,Jim Tickemyer Absent m Deputy Director, Cynthia Crawford Present 4:00 pm co Executive Assistant to Director, Marion Vories Absent N Administrative Assistant, Lesa Nichols Present 3:50 pm Q E FLAG SALUTE Q Q co The Commission was led in the Pledge of Allegiance. 6 1. PUBLIC COMMENTS Q No Public Comments PRC Minutes 07192018 1 Q Packet Pg. 374 18.b Deputy Director, Cynthia Crawford served in place of Director, Jim Tickemyer who unavailable to attend the meeting. 2. APPROVAL OF MINUTES - Approval of minutes from the February 15, 2018 regular meeting. 0 .y Motion: Commissioner Davison moved to approve minutes from the February 15, 2018 regular E meeting. Motion was seconded by Commissioner Gomez. Voice vote reflected unanimous q approval. L 3. OLD BUSINESS m° A. v ➢ 00 0 N 4. NEW BUSINESS Q E A. Review of Parks & Recreation Commission By-Laws Q Correction Q co Question was raised regarding the joining of the Senior Affairs Commission to the Parks and Recreation Commission. Commissioners asked to ale continue item to give them further time to review. Will discuss at next meeting. c� B. Park Revitalization Calendar Commissioner Jacobs notified commission that the park revitalization for July 28th at Nicholson w Park was being postponed. Commissioner McKaig asked if it could be moved to a November date. Deputy Director advised no, due to the City Wide events taking place that month. E Commissioners suggested moving the date to either August 18th or September 15th since no park was designated yet for these dates. a vi Suggestion was made to modify the structure of the park revitalization to 4 dates per year. Since some parks have had a vast improvement it is difficult to find projects at some locations. E Deputy Director Crawford advised that they could discuss that with the director to focus first on specific locations regardless of ward and to limit it to 4 per year. 0 L C. Commissioner Update on Major Park Concerns C U No concerns. U Commissioner Flores wanted to give kudos for the improvements at Perris Hill Park. With the new pool improvements and the new playground he has seen an increase in families using the o facilities. L Q M E Q 5. ANNOUNCEMENTS C ♦ Upcoming Events co U U ❖ Movies in the Park-Activities start at 6:00 pm, movies start at dusk ■ Last movie for the season will be the Incredibles at Lytle Creek Park. Kids will be playing games and making masks before movie begins. Q ❖ Santa Fe Depot Centennial Celebration-July 21St from 10:00 am- 3:00 pm2 .2 PRC Minutes 07192018 Packet Pg. 375 1 ■ 100"'Anniversary—food trucks, displays and info booths y.b ❖ Grapes and Gourmet—July 27th at San Bernardino Airport ■ 60 baskets completed— 11 vendors scheduled—all wine and food supplied by wineries, breweries and restaurants in the Inland Empire 0 ❖ Water Play Days—August 4th @ Lytle Creek Park and August 26th @ Tom Minor y Park— 1:00 pm—3:00 pm E ■ Play day at Lytle Creek Park will be combined with their end of year bash 0 ■ Play day at Tom Minor was rescheduled due to lighting on original date scheduled L ❖ Rendezvous Back to Route 66—October 6th —Downtown San Bernardino m° ❖ SBD Fest 2018— November 3rd &4th—San Bernardino Airport ■ Will hopefully have flyer at next meeting o N ❖ Veterans Day Salute & Parade—Sunday, November 11tH ■ To be held at Meadowbrook Park E CL ❖ Winter Wonderland — December Stn N ■ YMCA Parade at 10 am —event begins at 11 am ■ Looking to possibly add soap box derby ti ■ Snow hill is planned c� ♦ Director's Report y ❖ Agenda Items ■ Upcoming Council Agenda Items w ✓ July 18tH—Volunteer Service Agreement with New Hope Youth Work Program o Passed with no questions Q o Halfway through program o This is a 2 year agreement o Program is to teach youths between the ages of 14— 17 job skills and about the a work environment. vi ✓ August 1 st—Senior Nutrition 3`d year renewal Senior Companion Program Grant Application Boys and Girls Club Charter Status o Charter was revoked. They are looking at transitioning into a c new organization. Q CL ❖ Projects (Update) • Resurfacing tennis courts, new netting & upgrade lighting @ Perris Hill Park — completed by end of Nov m • New playground near Jerry Lewis Swim Center—completed by end of Nov co 0 N ♦ Commissioner Announcements Q o Commissioner Jacobs wanted to give update regarding squirrels at Nicholson —contractors 0 are now putting out necessary product to help control them. ; o Deputy Director Crawford advised that the new landscape contract was with one vendor N instead of 2 and they hope to focus on rodent control and ant problem at Delmann Heights. U d E 6. ADJOURNMENT PRC Minutes 07192018 3 Q Packet Pg.376 Motion: At 4:34 p.m. Commissioner Flores moved to adjourn to the next regular meeting sche 18.b for August 16, 2018 at 4:00 p.m. at the Conference Room located at 201A North "E" Street, Suite 10 3,, San Bernardino, CA 92401. Commissioner Gomez seconded the motion. Voice vote reflected unanimous approval. 0 .y Respectfully submitted, By Lesa Nichols Lesa Nichols Administrative Assistant m0 U CO 0 N L Q M E Q Q Q CO ti CO ti V Q X w Q E Q vi Q E Q 0 L Q Q Q U Q U U 00 0 0 N L Q M E Q Q Q CO U U Q E t v ca LPRCMinutes 07192018 4 Q Packet Pg. 377 Gl 'Y COUNCIL OF i'L CITY OF SAN BERNAROINO 18.b 18 SEP 12 AM 10= 50 EXHIBIT D WA MINUTES o City of San Bernardino N Personnel Commission E June 26,2018 c t U L The regular meeting of the Personnel Commission was called to order by Chairman m° Dennis Reichardt, at 8:30 A.M., Tuesday, June 26, 2018, in Suite 200, 215 North D Street, San Bernardino, California 92401. v co T_ Pledge of Allegiance N L d Roll Call E 0. Roll call was taken by the Secretary, Rebekah Kramer,with the following present: co Chairman Dennis Reichardt, Commissioner Jeanette Avila, Commissioner Scottco Herring and Commissioner Deanie Gallaher. Harold Potter, Senior Litigator with Jones&Mayer representing the Personnel Commission;James Oldendorph, Associate with Leibert Cassidy Whtimore and Janice Reins,Human Resources a Coordinator representing the City Water Department; Appellant#2018-2 and Justin Lynch with the Law Offices of John R. Setlich representing the appellant were also present. Vice-Chair Curtis Stout was absent excused. w A-A Public Comments on items on the agenda and not on the Agenda as E None ca a vi A-B Personnel of Commissioner Announcements None a� 0 L A-C Agenda Additions a None v U U CONSENT CALENDAR m co 0 A-1 Minutes of the Regular Meeting of March 13,2018 L d Commissioner Jeanette Avila moved to approve the minutes of the regular d meeting of March 13,2018. Commissioner Scott Herring seconded the motion. d The minutes were unanimously approved as submitted. co U U A-2 Correspondence: This item is for any correspondence the Secretary has received to bring to the full Commission's attention. d E None �a Packet Pg. 378 18.b END OF CONSENT CALENDAR 0 A-3 Request to schedule a hearing in the matter of the dismissal of appellant y #2018-2,Water Department E 0 Appellant#2018-2 and Justin Lynch with the Law Offices of John R. Setlich representing the appellant along with Janice Reins,Human Resources Coordinator c and James Oldendorph,Associate with Leibert Cassidy Whtimore representing m the City Water Department were in attendance. After discussion among the parties the hearing date was scheduled from Tuesday,August 14 through Friday, co August 17,2018 from 9 a.m. to 4:30 p.m. o L A-4 Review and Discuss Proposed Amendment to Municipal Code Chapter 2.50 and Bylaws for the Personnel Commission °J CL 0 The Administrative Services Officer/Secretary to the Personnel Commission co provided the Commissioners with an overview of the proposed amendment toco Municipal Code Chapter 2.50 and the bylaws for the Personnel Commission. After general discussion, Commissioner Deanie Gallaher moved to approve Personnel Commission bylaws. Commissioner Jeanette Avila seconded the motion. The bylaws were unanimously approved as submitted. A-5 Closed Session w None d E 0 A-6 Adjournment q Q Commissioner Scott Herring moved and Commissioner Jeanette Avila seconded the motion that the Commission adjourn to the appeal hearing of August 14,2018. Q 0 L Q Q Q Rebekah Kramer U Administrative Services Officer& Secretary U U m co 0 N L Q M E Q ++ Q Q co U U Q E t v -2- Q Packet Pg. 379 CITY COUNCIL GFF#CE CITE' OF SAN BERNARtIINO 18.b 18 SEP 12 AM 10: 51 { MINUTES City of San Bernardino N Personnel Commission E August 14,2018 c U L The Personnel Commission hearing in the matter of Appellant#2018-2 was called to m° 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 v co T_ Pledge of Allegiance N L d Roll Call E Roll call was taken by the Secretary, Rebekah Kramer,with the following present: co Chairman Dennis Reichardt,Vice-Chair Curtis Stout, Commissioner Jeanette Avila and Commissioner Deanie Gallaher. ti Harold W. Potter representing the Personnel Commission,Janice Reins and James a Oldendorph representing the City, and Appellant#2018-2 and Justin Lynch representing the appellant were also present. sz X w 1. Public Comments on items on the agenda and not on the Agenda as E None Q vi 2. Hearing in the Matter of Appellant#2018-2 °J James Oldendorph,Associate with Liebert Cassidy Whitmore,represented the Water Department and Justin G. Lynch, Law Offices of John R. Setlich, represented the Appellant. ° L It was agreed by all parties that the hearing would be closed and witnesses a excluded. Mr. Oldendorph and the Mr. Lynch made their opening statements v followed by witness testimony. v U m co T_ 3. Closed Session N L d None E d e= d co U U d E t v - 1 - Q Packet Pg. 380 18.b 4. Adjournment Vice Chair Curtis Stout moved and Commissioner Jeanette Avila seconded the 2 motion that the Commission continue the hearing in the matter of Appellant U)i #2018-2 to Wednesday, August 15,2018 at 9 a.m., in Suite 200,215 North D E Street, San Bernardino, California 92401. 0 L 0 m Rebekah Kramer coU Administrative Services Officer& Secretary o N L d E d Q d co ti co ti V Q x w d E Q vi d d 0 L Q Q Q U Q U U 00 co 0 N L d E d Q d co U U d E M v -2- Q Packet Pg. 381 UiTYCOUNCIL O t=ICL 18.b CITY OF SAN BERNARDINO 18 SEP 12 Ali 1€: 5 MINUTES o S City of San Bernardino N ` Personnel Commission E August 15,2018 c L The continued Personnel Commission hearing in the matter of Appellant#2018-2 was m° called to order by Chairman Dennis Reichardt, at 9:00 A.M.,Wednesday,August 15, ILI 2018, in Suite 200, 215 North D Street, San Bernardino, California 92401. v co T_ O Pledge of Allegiance N L d Roll Call E 0. Roll call was taken by the Secretary, Rebekah Kramer,with the following present: co Chairman Dennis Reichardt,Vice-Chair Curtis Stout, Commissioner Jeanetteco Avila and Commissioner Deanie Gallaher. Harold W. Potter representing the Personnel Commission,Janice Reins and James a Oldendorph representing the City, and Appellant#2018-2 and Justin Lynch representing the appellant were also present. x 1. Hearing in the Matter of Appellant#2018-2 w James Oldendorph,Associate with Liebert Cassidy Whitmore,represented the Water Department and Justin G. Lynch, Law Offices of John R. Setlich, E represented the Appellant. Witness testimony was concluded and Mr. Oldendorph and the Mr. Lynch made their closing statements. 2. Closed Session > 0 L Q Vice Chair Curtis Stout moved and Commissioner Jeanette Avila seconded the 0- Motion that the Personnel Commission recess to Closed Session,pursuant to Q U Government Code Section#54957 in the Matter of Appellant#2018-2. v U m Following closed session,the Commission reconvened and in open session, co announced that the board met, considered and deliberated in the matter of N 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 Q the Hearing Room located in Suite 200 at 215 North D. Street, San Bernardino, N CA 92401. ci U d E t v ca - 1 - Q Packet Pg. 382 18.b 3. Adjournment Commissioner Jeanette Avila moved and Commissioner Deanie Gallaher 2 seconded the motion that the Commission close the hearing and adjourn to the 0 regularly scheduled meeting of September 11,2018. E E 0 U L Rebekah Kramer m Administrative Services Officer& Secretary U 0 T- 40 N L d E d Q d co ti co ti V Q x w d E 0 Q vi d 0 d 0 L Q Q Q U Q U U 00 0 T- 40 N L d E d Q d co U U Q E M 0 -2- Q Packet Pg. 383 CITY COUNCIL OFF ICIt" CITY.OF SAN BERNARDINO 18.b EXHIBIT E N Anthony Jones,Chair Caey Dailey, Vice CITY OF SAN BERNARDINO y Lance Durr COMMUNITY DEVELOPMENT DEPARTMENT E A Aron Liangrd E L- - Amelia S.Lopez 201 North E Street, 3 Floor, San Bernardino, California 92401 0 Larry Quiel Phone:909.384.7272 • Fax:909.384.5515 V ��ara K Edward Woolbert ca O m A PLANNING COMMISSION ACTION MINUTES AUGUST 14,2018 0 N L MINUTES OF JULY 24,2018 M Q DEVELOPMENT PERMIT TYPE-P 18-03 AND SUBDIVISION 18-02 (TENTATIVE TRACT MAP 20210) co ti 00 CONDITIONAL USE PERMIT 16-20 C9 FIVE (5) YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018-19 a THRU FISCAL YEAR 2022/23 CONDITIONAL USE PERMIT 17-23 AND MINOR EXCEPTION 18-01 w CONDITIONAL USE PERMIT 18-08 E 0 Q vi d 0 d O L Q Q Q U Q U U 00 0 Tmm0 N L d E d Q d co U U d E t v ca Page 1 of 8 08/14/2018 a Packet Pg. 384 18.b ca Chair Jones called the meeting to order at 6:00 p.m. .2 c Vice-Chair Dailey led the flag salute. E Present: Commissioners: Jones, Dailey,Durr, Lopez, Quiel and Woolbert 0 Excused: Commissioners: Liang Absent: Commissioners: None ca Staff Present: Oliver Mujica, Planning Division Manager; Travis Martin, m° Associate Planner; Chantal Power, Associate Planner; Elizabeth Mora-Rodriguez, Assistant Planner; Thomas Rice, Assistant City v Attorney; Stephanie Sanchez,Planning Commission Secretary. o N L ADMINISTRATION OF OATH M E Stephanie Sanchez,Planning Commission Secretary administered the oath. Q Q co Oliver Mujica, Planning Division Manager took a moment to introduce Thomas Rice, the newco ti Assistant City Attorney. c� CONSENT AGENDA: a Oliver Mujica, Planning Division Manager, gave a brief presentation of the consent agenda. x LU 1. Minutes of July 24, 2018. Staff recommended approval of these minutes. as E 2. DEVELOPMENT PERMIT TYPE-P 18-03 AND SUBDIVISION 18-02 (TENTATIVE TRACT MAP 20210) — A request to allow the development and establishment of a twelve (12) unit detached single family residential Planned Unit q Development, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels containing a total of E approximately 1.34 acres. d Address: Northeast corner of W. Kendall Drive and N. ° Western Drive e: e: Zone: Residential Medium(RM) v Environmental Determination: Categorically Exempt, pursuant to §15332 (In-Fill v Development Projects) of the California v m Environmental Quality Act co Owner/Applicant: Raffi Mazmanian N APN: 0151-211-08, 09, 11 and 12 Ward: 5 E as CL Recommended Motion: Staff recommended that the Planning Commission adopt N Resolution No. 2018-050 adopting the Categorical Exemption and approving tvi Development Permit Type-P 18-03, based on the Findings of Fact and subject to the recommended Conditions of Approval. d E Page 2 of 8 08/14/2018 2 a Packet Pg. 385 18.b c 3. CONDITIONAL USE PERMIT 16-20 — A request to allow an expansion containing approximately 3,508 square feet to an existing night club containing approximately 5,898 square feet with an existing Alcoholic Beverage Control Type-47 (On-Sale General for Bona Fide Eating Place)License on a project site comprised of four(4)parcels containing E a total of approximately 0.75 acres. v Address: 1293 W. 5t'Street c Zone: Paseo Las Placitas Specific Plan 0° a Environmental Determination: Categorically Exempt,pursuant to §15301 (Existing v Facilities) of the California Environmental Quality co r Act c N Owner/Applicant: Fernando Olmos APN: 0138-191-01, 02, 03 and 04 E Ward: 1 Q. a� Recommended Motion: Staff recommended that the Planning Commission continue the ti public hearing for Conditional Use Permit 16-20 to the next regular meeting scheduled on ti September 11,2018. c� Vice-Chair Dailey made a motion to approve the consent agenda. Commissioner Quiel seconded the motion. w The motion carried by the following vote: Ayes: Jones,Dailey,Durr, Lopez, Quiel and Woolbert E Nays: None Abstain: None a Excused: Liang Absent: None a� PUBLIC COMMENTS-ITEMS NOT ON AGENDA o' L Q No comments. Q• U NON-PUBLIC HEARING ITEMS v U m 4. FIVE (5) YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR co 2018/19 THRU FISCAL YEAR 2022/23 — A presentation by the City's Public Works N Department on the Five (5) Year Capital Improvement Program for Fiscal Year 2018/19 Q thru Fiscal Year 2022/2). E Q CL Recommended Motion: Staff recommended that the Planning Commission adopt N Resolution No. 2018-051 adopting the Categorical Exemption and determining the v consistency of the Five (5) Year Capital Improvement Program for Fiscal Year 2018/19 thru Fiscal Year 2022/23 with the City's General Plan. Q E Page 3 of 8 08/14/2018 2 a Packet Pg. 386 18.b ca Alex Qishta,Deputy Director of Public Works/City Engineer, gave a brief presentation on the C 0 project. •2 Commissioners had questions for staff regarding the project. E 0 U Commissioner Durr made a motion to approve the consent agenda. Vice-Chair Dailey seconded the motion. m° The motion carried by the following vote: co Ayes: Jones,Dailey,Durr,Lopez, Quiel and Woolbert o Nays: None Abstain: None Excused: Liang Absent: None d co ti co ti PUBLIC HEARINGS C9 5. CONDITIONAL USE PERMIT 17-23 AND MINOR EXCEPTION 18-01 — A a request to allow the development, establishment and operation of a four (4) story hotel containing 98 guest rooms; the conversion of an existing hotel containing 154 guest x rooms into 106 guest rooms and one (1) manager's suite; and, an eight (8) percent w reduction in the number of required parking spaces from 227 to 209 parking spaces, along with the construction of the required on-site and off-site improvements, on a property comprised of two (2)parcels containing approximately 3.34 acres. 0 Address: 205 and 215 E. Hospitality Lane q Zone: Commercial Regional(CR-3) Environmental Determination: Categorically Exempt, pursuant to §15332 (In-Fill E Development Projects) of the California Environmental Quality Act d Owner/Applicant: Inland Hotel Ventures, LLC o APN: 0141-402-25 and 26 Q Ward: 3 a U Q Recommended Motion: Staff recommended that the Planning Commission adopt m Resolution No. 2018-047 adopting the Categorical Exemption and approving Conditional co Use Permit 17-23 and Minor Exception 18-01,based on the Findings of Fact and subject o to the recommended Conditions of Approval. M Elizabeth Mora-Rodriguez,Associate Planner, gave a brief presentation of the project. d CL Q Commissioners had questions for staff regarding the project. co U Q E t v Page 4 of 8 08/14/2018 0 a Packet Pg. 387 18.b ca Paul Williams, Applicant, answered questions from the Commissioners regarding the project. 2 2 Vice-Chair Dailey made a motion to adopt Resolution No. 2018-047 adopting the Categorical E Exemption and approving Conditional Use Permit 17-23 and Minor Exception 18-01, based on v the Findings of Fact and subject to the recommended Conditions of Approval. 0 Commissioner Lopez seconded the motion. 00 U The motion carried by the following vote: co Ayes: Jones,Dailey, Durr, Lopez, Quiel and Woolbert N Nays: None Abstain: None E Excused: Liang Q Absent: None d co ti 00 ti 6. CONDITIONAL USE PERMIT 18-08 — A request to allow the renovation of an �? existing commercial building containing approximately 15,000 square feet, and the a establishment and operation of a charter high school, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.55 x acres. w Address: 842 E. Highland Avenue Q Zone: Commercial General(CG-1) Environmental Determination: Categorically Exempt, pursuant to §15301 (Existing Facilities) of the California Environmental Quality q Act as Owner: 842 Highland,LLC E Applicant: TriStar Realty Group, LLC APN: 0150-321-14 d Ward: 7 0 CL CL Recommended Motion: Staff recommended that the Planning Commission adopt v Resolution No. 2018-048 adopting the Categorical Exemption and approving Conditional a U Use Permit 18-08, based on the Findings of Fact and subject to the recommended m Conditions of Approval. co 0 N L d Mike Rosales,Assistant Planner, gave a brief presentation of the project. Q Commissioners had questions for staff regarding the project. 4 d co U Danny Kashani, Applicant, answered questions from the Commissioners regarding the project. d E Page 5 of 8 08/14/2018 0 a Packet Pg. 388 18.b ca Kyle Nolan,Facilities Manager, answered questions from the Commissioners regarding the 0 project. •2 Christopher Tickell, SBUSD Charter School Operations, spoke and asked questions regarding the project. E 0 U Staff made recommendations to add two additional conditions to the project and modify two conditions: `° 0 m (9*)The hours of operation shall be from 8:00 a.m. to 6:00 p.m. Monday through Friday, v with a maximum of 300 students and teachers at any one time. co 0 N (10*) Within six (6) months from the approval of Conditional Use Permit 18-08, for a period of two (2) years, the Planning Division shall conduct an inspection of the business E operations and property to ensure compliance with the Conditions of Approval to the Q satisfaction of the Community Development Director. In the event that an unresolved N issue continues to exist, the applicant shall submit an application, and appropriateco application fee,for reconsideration by the Planning Commission. (11*)An approved Charter petition shall be submitted before issuance of a final c? Certificate of Occupancy. y (12*) The applicant/owner shall maintain all existing landscaping in the parking lot and x setbacks in a weed and disease free condition at all times and any dead or missing w vegetation must be promptly replaced. d E Commissioner Quiel made a motion to adopt Resolution No. 2018-048 adopting the Categorical .2 Exemption and approving Conditional Use Permit 18-08, based on the Findings of Fact and q subject to the recommended modified Conditions of Approval. 0 Commissioner Durr seconded the motion. d The motion carried by the following vote: 0 Ayes: Dailey,Durr,Quiel and Woolbert C Nays: Jones and Lopez v Abstain: None a U Excused: Liang m Absent: None co 0 N L d E d Q 0 co U U d E t v Page 6 of 8 08/14/2018 0 a Packet Pg. 389 18.b ca 7. CONDITIONAL USE PERMIT 18-11 — A request to allow the establishment and 2 operation of a charter school within a portion of Judson Baptist Church, along with the T) construction of the required on-site and off-site improvements, on a parcel containing E approximately 1.68 acres. v L Address: 1406 E. Pacific Street c Zone: Residential Suburban(RS) 00 Environmental Determination: Categorically Exempt, pursuant to §15301 (Existing v Facilities) of the California Environmental Quality co Act N Owner: Larry O'Nan Applicant: Judson Baptist Church APN: 0273-062-21 ' Ward: 2 co Recommended Motion: Staff recommended that the Planning Commission adopt ti Resolution No. 2018-049 adopting the Categorical Exemption and approving Conditional Use Permit 18-11, based on the Findings of Fact and subject to the recommended c? Conditions of Approval. a Polonia Majas, Senior Planner, gave a brief presentation of the project and noted for the x record that Condition#25 had been removed as it did not pertain to the project. w Larry Onan, Church Board Member, spoke in favor of the project. Commissioners had questions for staff and applicant regarding the project. vi Eva Tillman, Charter School Principal, answered questions from the Commissioners regarding the project. E Christopher Tickell, SBUSD Charter School Operations, spoke in favor. 0 L Chair Jones made a motion to adopt Resolution No. 2018-049 adopting the Categorical a Exemption and approving Conditional Use Permit 18-11, based on the Findings of Fact and v subject to the recommended Conditions of Approval. v U 00 Commissioner Lopez seconded the motion. co 0 N The motion carried by the following vote: Ayes: Jones,Dailey,Durr, Lopez, Quiel and Woolbert Nays: None Q Abstain: None 0 co Excused: Liang ci Absent: None v d E Page 7 of 8 08/14/2018 0 a Packet Pg. 390 18.b ca NON-PUBLIC HEARING ITEMS0 .y None E E 0 U PLANNING COMMISSION REPORTS/ANNOUNCEMENTS L 0 None m U DIRECTOR'S REPORT � 0 N Oliver Mujica, Planning Division Manager, introduced Polonia Majas as the City's new Q Senior Planner. E Q ADJOURNMENT d co Vice-Chair Dailey made a motion which was unanimously carried, to adjourn the Planningco Commission meeting at 7:37 p.m. The next regular meeting was scheduled for Tuesday, September 11, 2018 at 6:00 p.m. in the Third Floor Board Room, 201 North E Street, San Bernardino, California. a Minutes Adopted by Planning Commissioners: w Date Approved: Minutes Prepared by: E 0 Q vi d 0 Stephanie Sanchez Planning Commissioner Secretary 0 L Q Q Q U Q U U 00 0 0 N L Q M E Q ++ Q Q co U U Q E t Page 8 of 8 08/14/2018 0 Q Packet Pg. 391 CITY COUEICIt OFFICE. 18.b CITY OF SAN BERNARDI-40 18 SEP -7 PM 2: 49 EXHIBIT F MINUTES o City of San Bernardino N PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION E SAN BERNARDINO POLICE DEPARTMENT C " * x 710 N.D Street,2Aa Floor, San Bernardino,CA 92401 PERSONNEL&TRAINING CONFERENCE ROOM * August 13,2018, 6:00 PM m° a U co T- CD O N L d 1. CALL TO ORDER E a� The meeting was called to order at 6:07 p.m. co 2. PLEDGE OF ALLEGIANCE 00 ti 3. ROLL CALL/AUDIENCE INTRODUCTIONS PRESENT ABSENT N Damon Alexander Bill Carey(Ex) Carolyn Conley Russell Fritz(Ex) x Walter Jarman w Ricardo Tomboc John Walters d E Commissioner Carey advised of his absence after the meeting. Commissioner Fritz advised of his absence prior to the meeting. Q vi Captain Paul Williams,Public Safety and Human Relations Commission Liaison,was present. Police Chief Jarrod Burguan was present for the first part of the meeting. a� Fire Marshall Michael Horton was present for the faa part of the meeting. o Trish Ray,Director of Public Works,was present. Q U Q Alex Qishta,P.E.,Deputy Director of Public Works/City Engineer,was present. U U 0] Mahmoud Khodr,P.E.,P.T.O.E.,Traffic Engineer,was present. 00 0 N 4. CONSENT ITEMS E APPROVAL OF PREVIOUS MINUTES: ' CL d Commissioner Walters motioned that the minutes of the July 9, 2018, Public Safety and Human Relations N Commission meeting be approved as submitted in typewritten form. Commissioner Tomboc seconded the motion. Motion carried. d E Q Packet Pg. 392 18.b c 5. PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION ANNOUNCEMENTS/REPORTS c N Commissioner Jarman advised that roosters could be heard crowing in the Rialto Bench area. Ordinance prohibits them on non-farmland zoned areas. It could be indicative of an upsurge in cockfighting. E E Commission Liaison, Captain Williams, will bring this to the attention of Animal Control Commission and v follow up with Commissioner Jarman. -a L Commissioner Tomboc inquired about a liaison to the Board from City Schools. Public Safety and Human m Relations Commission Liaison, Captain Paul Williams,advised that he spoke with City Schools and they will make someone available to the Commission to answer questions and handle issues as needed, on a case-by- 0 case basis,but they will not be assigning a liaison. Commission bylaws establish one liaison position to this °r° Board,to which Captain Williams is appointed. N L d 6. OLD BUSINESS E d A. Commission Request Regarding Measure Z Funds(Attachment 6-A) co Captain Williams provided a staff report from the Finance Director regarding the use of Measure Z funds. co Due to the bankruptcy proceedings,the Measure Z Oversight Committee had not met since 2011. Since that time,Measure Z funding was used exclusively to support police operations and no funding was used for intervention programs. Q U) B. VIP Shoot Review Commissioner Attendance Request X Captain Williams advised that at this time, Commission members will not be allowed to attend VIP shoot w reviews. d C. Emergency Operations Procedure Captain Williams advised that the City's emergency plans are accessible from the City website under a Police and Emergency Management. The plans are fairly recent and the new Emergency Manager is d reviewing them for adjustments. CERT also falls under Emergency Management. 7. STAFF REPORTS/NEW BUSINESS a� A. County Fire and City Schools Liaison to Public Safety and HuiRelations Commission o Fire Marshall Michael Horton provided an update on the Holy Fire and spoke about Red Tagging, burn a permits and responsibility of wash areas. v U B. Speed Study on Arrowhead,between Kendall&Highland m co A speed survey conducted in 2016 increased the speed limit at this location from 40 MPH to 45 MPH. N After the ordinance was adopted, a request was received from residents and Council to re-evaluate the Q speed limit. Residents on Arrowhead,between Highland and Thompson Pl., feel the 45 MPH speed limit E is too high. m. Q Q A new speed study was conducted and the average speed was found to be 44.2 MPH,which is consistent N with the current 45 MPH speed limit. It is a residential area and based on engineering judgment, it is 0 recommended that the speed limit be reduced to 40 MPH. Q E 2 Packet Pg. 393 18.b c The Board recommended that something be done to assist residents to slow speedsters. Traffic c Engineering advised that traffic calming features are available,which they can present at a future time. ° N U) Commissioner Tomboc moved to approve the speed study as proposed. Commissioner Jarman seconded. E All voted in favor. Motion carried. 0 C. Establish 2-way Stop at the Intersection of Olive Street and Pico Avenue 0 A request was received to evaluate this uncontrolled intersection for stop signs. It is recommended that m stop signs be installed on the east and westbound approaches to the intersection. �j 00 Commissioner Walters moved to support a 2-way Stop at Olive and Pico. Commissioner Tomboc N seconded. All voted in favor. Motion carried. E d D. Establish 2-way Stop at the Intersections of 10th Street and Wall Avenue and Ila'Street at Wall Avenue co Residents requested an evaluation for stop signs at this location. It is recommended that stops signs be co installed at both locations to enhance intersection safety. ti U) Commissioner Tomboc moved to support this recommendation. Commissioner Conley seconded. All �? voted in favor. Motion carried. a 2� E. Establish 2-way Stops at the Intersections of Grape Street & Oak Street, Grape Street & Poplar Street, x Grape Street&Birch Street,and a 1-way Stop at the Intersection of Grape Street&Walnut Street w A request was received to evaluate the uncontrolled intersection of Poplar Street and Grape Street for stop signs. The investigation expanded to include the additional intersections. It is recommended that 2-way E stops be installed at Grape/Oak,Grape/Poplar,and Grape/Birch and a 1-way stop at Grape/Walnut. Commissioner Walters moved to support the recommendations. Commissioner Tomboc seconded. All avi voted in favor. Motion carried. 3 8. PUBLIC COMMENTS ON ITEMS ON THE AGENDA a� Catherine Boeck, resident, expressed her desire to see the speed limit on Arrowhead, between Highland and o Thompson PI., dropped to 35 MHP to improve the safety and quality of life of residents due to reckless, 0. 0. distracted, speeding, and stop running drivers. Q U Joanne Bates,resident, advised of blind spots when exiting driveways due to cars parking on the street, street v racing encouraged by the 45 MPH speed limit, and lack of traffic enforcement, which disrupt the quality of m life of residents. 00 0 N Hazael Perez,resident,advised that as a young,less experienced driver he is scared of being unable to react to the speed used by drivers on Arrowhead and that the speed limit should be reduced to 35 MPH. E d Edward Boeck, resident, provided a brief history of Arrowhead north of the freeway and said it is used as a d raceway; raising the speed limit to 45 MPH rewarded bad behavior. He added that the palm trees on c? Arrowhead impair the view of cars going 50 MPH. v d 3 Packet Pg. 394 18.b ca 9. ADJOURNMENT 0 U) Commissioner Walters motion to adjourn the meeting at 7:45 p.m. Commissioner Tomboc seconded. Motion LA E carried. E 0 U The next meeting of the Public Safety and Human Relations Commission will be held on Monday, September 10, 2018, at 6:00 p.m., in the Personnel & Training Conference Room at the San Bernardino Police c Department. m Submitted by, U co Cq PoU'A Susann `aSan E Recording Secretary Q d co ti 0 ti C9 a x w d E 0 Q vi d 0 d 0 L Q Q Q U Q U U m 0 0 N L d E d Q d co U U d E 4 0 Q Packet Pg. 395 01T Ur SAM SERNARDINU-' 18 SEP -7 PH 2: 45 EXHIBIT G NIINUTES THE CITY OF SAN BERNARDINO WATER BOARDc .y REGULAR MEETING E August 28,2018 v Margaret H.Chandler Water Reclamation Plant 399 Chandler Place San Bernardino,California o°p 9:30 a.m. _ U The Regular Meeting of the Water Board of the City of San Bernardino was called to order by co President Callicott at 9:30 a.m.on August 28,2018 in the Margaret H.Chandler Water Reclamation N Plant,399 Chandler Place,San Bernardino,California. Q E ROLL CALL: Roll call was taken by the Secretary with the following being present.President Q Callicott;Commissioners Valles, Hendrix,and Mlynarski;staff Ohama,Guerrero,Shepardson,and N Stewart;Thomas Rice,Best Best&Krieger LLP;Mohamed Abdelwahab,Information Technology Specialist;Jennifer Francis,Principal Accounting&Financial Analyst;Kristina Hernandez, ti Administrative Services Manager,Devin Arciniega,Water Conservation/Public Affairs Coordinator, Array Smith,Executive Assistant to the General Manager. 0 a Absent: Commissioner Fernandez Director Willoughby X LU Members of the Public: Tom Holliman,Holliman and Associates John Mura,East Valley Water E District Public a Comments on Closed Session Items: None vi d 1. CLOSED SESSION: President Callicott adjourned the Regular Meeting of the Water Board to a Closed Session. At 9:58 a.m.,the Regular Meeting of the Water Board was recessed and a Closed Session was called to order in accordance with the following Government Code c Sections: Q CL a A. Conference with legal counsel—existing litigation—pursuant to paragraph(1)of v subdivision(d) of Government Code Section 54956.9 - Cenkrfor Biological Divenily,et v ad, v City of San Bernardino,et al, Case No.CIVDS1706284.Golden State Environmental m Justice Alliance P.San Bernardino Municipal Water Department,Case No.CIVDS1706176. co 0 N No reportable action was taken at this time. d M E ROLL CALL: Roll call was taken with the following present:President Callicott; Q Commissioners Valles,Hendrix,and MlynarsK-Thomas Rice,Best Best&Krieger UP; N Kelley Taber,Somach Simmons&Dunn(via conference call);Kevin Stewart,Director of 6 Water Reclamation. v Absent: Commissioner Fernandez E 5C a — Packet Pg. 396 =OURN CLOSED SESSION: At 10:24 a.m.,the Closed Session of the Water Board adjourned to the Regular Meeting of the Water Board in the Margaret H.Chandler Water RecLlmation Plant,399 Chandler Place,San Bernardino,California. .2 c ROLL CALL: Roll call was taken with the following present:President Callicott; Commissioners Valles,Hendrix,and Mlynarski;Thomas Rice,Best Best&Krieger LLP;staff E Guerrero,and Stewart;Amy Smith,Executive Assistant to the General Manager. �j Absent: Commissioner Fernandez c m 2. ANNOUNCEMENTS BY MEMBERS OF THE WATER BOARD : Commissioner Mlynarski stated that the Kona Ice Employee Social on August 22,2018 was a great event 00 3. PUBLIC CONNMNTS ON I'T'EMS NOT ON THE AGENDA: John Mura,East Valley o N L Water District General Manager,congratulated Miguel Guerrero on his appointment to the Q San Bernardino Municipal Water Department's General Manager. Mr. Mura also thanked and d commended Deputy General Manager Ohama for her service as Acting General Managerto Q the Department He appreciated her hard work during the transition and he is looking forward v) to working with Miguel and the Management staff. 00 ti 4. PUBLIC COMMENTS UN ITEMS LIS' ON THE AGENDA-None. C9 5. CONSENT CALENDAR:Upon motion by Commissioner Valles,duly seconded by y Commissioner Hendrix,it was voted to approve the following Consent Calendar,Agenda Items 5A through 5134: x w A. PAYROLL Sewer Sewer d Water Fund Total Treatment Collections V Claims:284386-284566 .2 Accounts Payable $829,863.78 $132,878.12 $354,652.52 $1,317,394.42 Gross Payroll 07/23/18-08/05/18 249-871.86 184.160.56 54&9-4.6-7 488.727.09 TOTALS 31.079.735.64 $ 17x68 $ 961.806.121.51 Q Payroll for the pay period beginning August 20,2018 through September 2,2018. c CL CL B. CONTRACTS AND BILLS:Contracts and bills presented at this meeting. Q U Q C. MINUTES: August 14,2018. v m D. PERSONNEL ACTIONS: °r° 0 N 1. APPOINTMENT:Wesley Manning,Water Utility Worker I,Section 3024,Range 139,effective August 27,2018. This position was in the budget and based on the E needs and staffing for this section,the position was justifiable under the budget. Q Q co 2. APPOINTMENT:Daniel Snider,Water Utility Worker I,Section 3021,Range 139, 6 effective September 10,2018. This position was in the budget and based on the needs and staffing for this section,the position was justifiable under the budget. }; Page 2 08/28/2018 Q -- - — - - -_ _ — Packet Pg. 397 18.b 3.PROMOTION:Eduardo Huizar,Water Utility Water Treatment Operator II, Section 3041,Range 149,to Water Utility Water Treatment Operator Leadperson, Section 3041,Range 158,ratified effective August 20,2018.This position was in the budget and based on the needs and staffing for this section,the position was justifiable under the budget. ° 4. PROMOTION:Jose Machuca,Water Quality Control Technician,Section 3063, E E Range 155,to Water Utility Water Treatment Supervisor,Section 3041,Range 260, v effective September 3,2018.This position was in the budget and based on the .� needs and staffing for this section,the position was justifiable under the budget c m END OF CONSENT CALENDAR U co 6. CONSIDERATION OF EMPLOYMENT CONTRACT FOR THE GENERAL c MANAGER—CONTINUED ITEM FROM THE AUG UATER BA L MEETING: The Water Board discussed and approved the employment contract for the .0 General Manager of the San Bernardino Municipal Water Department a� a� Commissioner Mlynarski thanked Doug Headrick and Trish Rhay for participating on the �!? interview panel for the General Manager recruitment coti Upon motion by Commissioner Valles,duly seconded by Commissioner Hendrix,it was unanimously voted to approve the employment contract for Miguel Guerrero,General a Manager,with the base salary of$245,259.60 per annum. 7. AMENDED AND RESTATED PROFESSIONAL SERVICES A REEMENT WITH x LU GOLDMAN,MAGDALIN&KRIKES,LLP TO PROVIDE WORKERS' COMPENSATION LEGAL SERVICES To THE WATER DEPARTMENT- The Water Department,as part of the City of San Bernardino,engages with Goldman,Magdalin and E Krikes,LLP (GMK)for legal services related to the management of its Workers' 0 Compensation Claims.Although this was a joint contract,Water Department Administration managed Department claims,and control any legal costs associated with these claims. q However,by working together with the City on a joint contract,both parties would benefit through utilizing economies of scale. Legal costs would be billed to the Department based on actual costs associated with each claim,and paid from the Dcpamnent's Workers Compensation Bank Account Funding for o these costs was included in the Department's Fiscal Year 2018-19 Budget. Legal costs were °- allocated to the applicable fund based on the claimant Q U Q Upon motion by Commissioner Mlynarski,duly seconded by Commissioner Hendrix,it was v unanimously voted to authorize the General Manager to execute the Amended and Restated m Professional Services Agreement with Goldman,Magdalin&Krikes LLP for workers' c compensation legal services for the Water Department,subject to technical,non-substantive L edits authorized by the General Manager. M d 8. AW ARD OF CONTRACT—FURNISH DELIVE SF1 LEASE MAINTAIN d BREAKDOWN.ANDREMOVE MODULAR OFFICE SPACE AT 397 CHANDI,E R co PLACE FACILITY PROTECT:The Department currently operates out of multiple buildings v located throughout the City of San Bernardino. Currently,the Department was working to Page 3 d 08/28/2018 Q Packet Pg. 398 consolidate its operations into fewer properties to promote greater efficiency and reduce operating and maintenance costs associated with numerous sites. The Department had leased space located at 444 West Rialto Avenue for the past ten years. and this lease expires December 14,2018.Staff reviewed the needs of the Department as well o as the available spaces to determine if the leased property remained essential.Through an vyi informal Request for Information (RFI)process, staff determined that a temporary modular office space could be provided at significantly reduced cost versus the leased space at 444 West v Rialto Avenue. L While preparing to initiate the formal bidding process to furnish,deliver,setup,lease, m maintain,breakdown and remove modular office space,staff was made aware of an existing contract between Design Space Modular Buildings,Inc. (Design Space)and City of Los Angeles. A comparison of the existing lease cost(approximately$260,000 per year)versus the co sum of the costs associated with this contract and with the relocation effort indicated a N substantial savings to the Department's operating budget.After evaluating the existing contract,staff determined that the Department could realize significant time and cost savings by piggybacking onto the City of Los Angeles Contract through the Department's Purchasing Q Policy 51.030,Part I(E),Intergovernmental Cooperative Agreements. N Although this item was not included in the adopted Fiscal Year 2018-19 budget,it was ti expected that there would be sufficient savings from the termination of the existing lease for the 444 W.Rialto location to cover the costs of this contract. C7 a Upon motion by Commissioner Hendrix,duly seconded by Commissioner Valles,it was unanimously voted to approve a Contract to Furnish,Deliver,Setup,Lease,Maintain, Breakdown,and Remove Modular Office Space at 397 Chandler Place with Design Space w Modular Buildings Inc.,Contract No. 1695,pursuant to Purchasing Policy 51.030 (E) (1)in an amount not to exceed THREE HUNDRED TWENTY NINE THOUSAND EIGHT d HUNDRED THIRTY ONE AND 40/100 DOLLARS ($329,831.40).The President and E Secretary were authorized to execute the contract. 9 APPROVAL OF EPA 004 WELL REHABILIT N BY LAYN CHRISTENSEN COMPANY; Extraction well EPA 004 was operated as part of the Newmark Operable Unit (OU)Remedial Action under the terms negotiated with the United States Environmental E Protection Agency(USEPA). The purpose of the EPA 004 was to inhibit further migration of PCE and TCE in the aquifer. Proper and consistent operation of EPA 004 was critical in c maintaining plume capture,therefore,downtime should be minimized. Q CL EPA 004 was drilled in October of 1996 and considered operational in October of 1998. a Over the years,the well had steadily lost efficiency and the original design of the well was no v longer suited to meet today's needs and conditions. In May 2018,staff issued a Request for v Qualifications (RFQ)under Specification No. 1687—Well Rehabilitation Assessment and co Repair. Staff recently requested rehabilitation proposals for EPA 004 from pre-qualified o contractors to execute a new well design and installation to re-equip and replace aging and `" inefficient equipment. Layne Christensen Company was responsive and provided the lowest M quotation in the amount of$176,447.75. d CL Staff recommended that this expenditure be approved from existing funds in the Fiscal Year N 2018/19 Capital Budget under Annual R/R—EPA Extraction Well(Newmark)with available 6 funding of approximately$400,000.00. Rehabilitation of EPA 004 was 100 percent reimbursable through the AIG commutation account. Page 4 d 08/28/2018 Q Upon motion by Commissioner Hendrix,duly seconded by Commissioner Mlynarski,it was unanimously voted to approve the rehabilitation of EPA 004 by Layne Christensen Company r- in the amount of$176,447.75. C 0 10. RECOMMENDATION TO AWARD AGREEMEN'IS TO TKE ENGINEERING- CASC y ENGINEERING AND CONSULTING AND MICHAEL BAKER INTERNATIONAL E FOR PLAN CHECK AND INSPECTION SERVICES:The Department utilizes outside 0 consultants to perform plan check services and to inspect infrastructure installed through agreements with developers. This process had been effective in assuring timely reviews for c design plans and had also been successful in providing necessary inspections for new m infrastructure. _ U The San Bernardino Municipal Water Department(Department)requested proposals from o professional engineering firms for engineering plan check and construction inspection services L -Specification No. 16858. Four(4) firms submitted proposals,and the Engineering section M conducted reviews and rated each proposal submitted. d Q CL Staff believed that the top three(3)rated firms would provide the needed services to the N Department,and that each firm possessed the required expertise to fulfill this capacity and 00 would provide flexibility and assure that resources were available when needed. The agreement amount for each engineering firm was an estimate based on an estimated workload described in Specification No. 1685R. The agreement value sets the ceiling for which the a engineering firm could bill as billing would vary based on assigned projects. Upon motion by Commissioner Hendrix,duly seconded by Commissioner Valles,it was x unanimously voted to award professional service agreements to TK Engineering,Inc.in the amount not-to-exceed$193,200.00;CASC Engineering and Consulting,Inc.in the amount not-to-exceed$212,740.00;and Michael Baker International,Inc.in the amount not-to-exceed Q $251,860.00;with minor changes from the City Attorney's Office.The President and Secretary were authorized to execute the agreements to provide Plan Check and Inspection Services. is Q 11. JUNE 4JULY 2018 CONSERVATION MONITORING REPORT: Staff continued to Q monitor the State's response to the drought and conservation,as well as monitor water level trends of all production wells and provide monthly updates to the Board. (INFORMATION ITEM ONLY) d 0 L 12. PRESENTATION OF SERVICE AWARDS:Employee service awards were presented Q acknowledging employees for their years of service to the Department. Q U Ten Years Five Years v Kimberly Bandel Albert Galoner m Rene Lopez 00 Walter Haygarth N Reginal Washington Billy York E 13. REPORTS: ' CL d co A.Report of the President:President Callicott thanked John Mura,East Valley Water 6 District's General Manager, for attending the Water Board meeting and publicly thanked Robin Ohama for her leadership during the General Manager recruitment process. Page 5 Q 08/28/2018 0 Q Packet Pg. 400 18.b B.Report of the Commissioners:None C.Report of the Directors: 0 1. Deputy General Manager Ohama introduced Devin Arciniega,Water y Conservation/Public Affairs Coordinator. Devin advised that the Department is collaborating with Code Enforcement to help homeowners stay within water c conservation regulations while still maintaining presentable lawns. v L 2.Director Stewart reported the Water Reclamation Division continues work on the c Digester Gas Beneficial Use Program and is focused on the SCAQMD Petition for Variance,the Fuel Cell Project,and the 1110.2 Resultant Projects at this time.The v Wastewater Collections Section is continuing its efforts to rehabilitate the Sanitary Sewer co Collections System,including continued work on the Master Plan. N L d 3. Director Shepardson reported that she will be meeting with the Department's insurance E broker on August 28,2018 to discuss policy proposals. +; CL d 4. Director Guerrero reported that the City has contracted their public relations co communication to Westbound Communications and are shifting from an in-house o newsletter to a monthly newsletter that will be distributed electronically to the public. The Department will continue to contribute information to Westbound to be included in the Cites monthly newsletter as well as sharing on our social media sites. Q D.Report of the General Manager.General Manager Guerrero reported recycled water related items. General Manager Guerrero attended a workshop at San Bernardino Valley w Municipal Water District where two incentive programs were discussed with regard to recycled water programs. E 14. ADJOURN MEETING:The meeting adjourned at approximately 10:55 a.m. to the next Regular Meeting to be held on Tuesday,September 11,2018,at 9:30 a.m.in the Margaret H. a Chandler Water Reclamation Plant Conference Room,399 Chandler Place,San Bernardino, California,92408. as BY: Q TONI CALLICOTT a President V BY: a U ROBIN L. OHAMA v m Deputy City Clerk&Ex-Officio Secretary co 0 N L d E d Q d U U Page 6 08/28/2018 Q Packet Pg. 401 18.b c CITY COUhC!L Or"�K;' MINUTES CITY OF SAN BERNARDINtr THE CITY OF SAN BERNARDINO 18 SEP 20 IM 4. 22 WATER BOARD E E REGULAR MEETING v September 11,2018 -a Margaret H. Chandler Water Reclamation Plant c 399 Chandler Place m San Bernardino,California 9:30 a.m. 00v r The Regular Meeting of the Water Board of the City of San Bernardino was called to order by N President Callicott at 9:30 a.m.on September 11,2018 in the Margaret H.Chandler Water Reclamation Plant,399 Chandler Place,San Bernardino,California. E ROLL CALL: Roll call was taken by the Secretary with the following being present:President Callicott;Commissioners Valles, Hendrix,and Mlynarski;staff Guerrero,Ohama,Shepardson, ti Willoughby,Stewart,and Miller;Thomas Rice,Best Best&Krieger LLP;Troy Martinez,Information ti Technology Specialist;Amy Smith,Executive Assistant to the General Manager. C9 Absent: Commissioner Fernindez Q U) 2� Members of the Public: Tom Holliman,Holliman and x Associates w Wendy McCammack,resident d Public Comments on Closed Session Items:None 1. CLOSED SESSION: President Callicott adjourned the Regular Meeting of the Water Board Q to a Closed Session. At 10:46 a.m.,the Regular Meeting of the Water Board was recessed and y d a Closed Session was called to order in accordance with the following Government Code Sections: d A. Public Employment pursuant to Government Code Section 54957—Public Employee c L Performance Evaluation—General Manager. a Q No reportable action was taken at this time. a U ROLL CALL: Roll call was taken with the following present:President Callicott; v m Commissioners Valles,Hendrix,and Mlynarski;Miguel Guerrero,General Manager. 00 0 N Absent: Commissioner Fernindez E ADJOURN CLOSED SESSION: At 11:03 a.m.,the Closed Session of the Water Board m. adjourned to the Regular Meeting of the Water Board in the Margaret H. Chandler Water N Reclamation Plant,399 Chandler Place,San Bernardino,California. v 4C a Packet Pg. 402 ROLL CALL: Roll call was taken with the following present:President Callicott; Commissioners Valles,Hendrix,and Mlynarski;Miguel Guerrero, General Manager;Amy Smith,Executive Assistant to the General Manager. c Absent: Commissioner Fernandez E E 2. ANNOUNCEMENTS BY MEMBERS OF THE WATER BOARD : President Callicott 0 opened the meeting in remembrance of the lives lost,particularly two members of our 1, community—Cora Hildalgo-Holland and Rhonda Rassmussen,on September 11,2001. o m 3. PUBLIC COMMENTS ON ITEMS NOT ON THE AGE DA: None. L' U co 4. PUBLIC COMMENTS ON ITEMS LISTED ON THE A A:None. o N L 5. CONSENT CALENDAR:Upon motion by Commissioner Mlynarski,duly seconded by Commissioner Hendrix,it was voted to approve the following Consent Calendar,Agenda Items 5A through 5134: Q' a� A. PAYROLL co Sewer Sewer '-� Water Fund Total Treatment Collections � Claims: 284567-284746 Q Accounts Payable $1,760,762.56 $669,446.00 $27,176.45 $2,457,385.01 Gross Payroll 08/06/18 —08/19/18 259,578.75 198,157.30 59,053.43 516.789.48 x TOTALS 2.020,341.31 $867,603.30 $ $2.974.174.49 Payroll for the pay period beginning September 3,2018 through September 16,2018. E B. CONTRACTS AND BILLS: Contracts and bills presented at this meeting. Q vi C. MINUTES: August 28,2018. D. PERSONNEL ACTIONS: d 1. APPOINTMENT: Christopher Blair, Collections System Worker I, Section 6020, o Range 140, effective September 10, 2018. This position is in the budget and based a on the needs and staffing for this section, the position is still justifiable under the Q budget. v U 2. APPOINTMENT: Isabel Reyes,Bilingual Customer Service Representative I, m Section 2060,Range 133,effective September 10,2018. This position is in the c budget and based on the needs and staffing for this section,the position is still N L justifiable under the budget. E d 3. APPOINTMENT: Steve Miller,Director of Water Utility,Section 3010,Range 320, Q ratify effective September 3,2018.This position is in the budget and based on the co needs and staffing for this section,the position is still justifiable under the budget. v Page 2 d 09/11/2018 Q Packet Pg. 403 18.b 4. PROMOTION: Daniel Silva,Water Utility Worker II1,Section 3021,Range 147,to Water Utility Lead Worker,Section 3021,Range 152,effective September 10,2018. This position is in the budget and based on the needs and staffing for this section, c the position is still justifiable under the budget. y E E 0 END OF CONSENT CALENDAR v L 0 6. UPPER SANTA ANA RIVER HABITAT CONSERVATION PLAN UPDATE:Ms. 00 Heather Dyer,Water Resources Manager for the San Bernardino Valley Municipal Water j District,provided an update on the Upper Santa Ana River Habitat Conservation Plan (Upper co SAR HCP) through a PowerPoint presentation to the Water Board. (PRESENTATION o N L ONLY) Q E 7. APPROVAL OF PURCHASE OF VACTOR KENWORTH SEWER COLLECTIONS Q COMBINATION VEHICLE—HAAKER EQUIPMENT COMPANY: Effective May 1, N 2017,the Department became responsible for operating and maintaining all assets relating to the sanitary sewer collection system("Collections' .This included a fleet of five (5) 00 ti ti combination sewer vacuum and high pressure jet rodder(pressurized water pipeline scouting system)vehicles,referred to as"Combination Trucks." 0 Q The oldest of these Combination Trucks,Unit#722,which was a diesel-powered truck built in 2002,was replaced in Fiscal Year 2017/2018 due to age and wear/tear.The remaining three full-size trucks were also past their useful design life and Fleet Management staff w recommended replacement.The truck to be replaced in the current Fiscal Year was determined as the one with the highest replacement score per the Department's vehicle replacement policy. 0 Three (3) Sourcewell-compliant quotations were obtained from known vendors (Super a Products,Haaker Equipment,and Bucher Municipal)under NJPA Contract#122017. y d Although Super Products presented a lower initial purchase cost of$615,608.75,Haaker Equipment bid a piece of equipment with a demonstrated lower life cycle cost proposal. In anticipation of the need for this equipment, funding was included in the Fiscal Year 2018-19 budget. 0 0 CL Upon motion by Commissioner Valles,duly seconded by Commissioner Mlynarski,it was Q unanimously voted to authorize staff to issue a Purchase Order for a Vactor 2112 CNG with Q Recycler/ Kenworth T-880 Combination Truck from Haaker Equipment Company at a total v cost of SIX HUNDRED SIXTY FIVE THOUSAND TWO HUNDRED NINETY FOUR v m AND 04/100 DOLLARS ($665,294.04),which includes sales tax,in accordance with the 00 Department's Purchasing Policy 51.030 under Part I (E),Intergovernmental Cooperative N Agreement. Q E 8. REPORT ON WATER DEPARTMENT INVESTMENTS—QUARTER ENDING JUNE 30,2018: The Water Board received and filed the Investment Report for the quarter ending N June 30,2018. (INFORMATION ITEM ONLY) 6 U Page 3 E 09/11/2018 is Q Packet Pg. 404 18.b 9. REPORTS: �a A.Report of the President: None. c .2 B.Report of the Commissioners:Commissioner Mlynarski stated that there was some activity E in the Fifth Ward regarding infrastructure and Mello Roos Community Facilities Districts c (CFDs) and would like an informational report presented to the Water Board (Board) for v discussion. ca 0 m General Manager Guerrero stated the Department had a meeting scheduled with the Verdemont group in the next week and will incorporate an update for the Board at an v co upcoming meeting. o N L C.Report of the Directors: E d 1. Deputy General Manager Ohama reported that the Department has a series of nominal CL sum leases for charitable organizations such as Santa Claus,Inc.,and the Garcia Center co for the Arts. Staff is working with Thomas Rice at the City Attorney's Office to review00 ti these leases as well as visiting the locations for routine compliance checks. General Manager Guerrero,Deputy General Manager Ohama,Director Willoughby,and Sydney Morrison visited the Garcia Center for the Arts on September 6,2018,and will schedule a visits with the other leased properties in the future. y 2.Director Willoughby reported that the consultants working on the Water Fund Long x Term Financial Plan will hold a workshop at the next Water Board meeting. w 3. Director Stewart reported the Water Reclamation Division is preparing for the d SCAQMD Petition for Variance hearing to be held within the next month. 0 4. Director Shepardson reported that she is gathering information on the Department's Q liability coverage from the Department's insurance broker and is working on the Q compliance issues on the large fleet vehicles under Rule 1196 of AQMD. 5. Director Miller reported that the Water Quality section has completed school lead testing at twelve (12) out of the sixty-six (66) schools identified in the City that the Department o required to test by July 2019. Testing results have been under the contaminate level and Q staff continues to work with the San Bernardino Unified School District in the planning Q for lead testing at the remaining fifty-four(54) schools in order to have all testing a completed by the deadline. v m D.Report of the General Manager. General Manager Guerrero reported that the Department c is working with the Devote Water Company(Devote) and the State Water Resources N L Control Board-Division of Drinking Water(State) to ensure compliance after Devote received a Notice of Non-Compliance with respect to high nitrate levels. The State has d asked Devote to look into consolidation with the nearest water supplier which is the Q Department. v�o U U Page 4 E 09/11/2018 ca Q Packet Pg. 405 18.b 10. ADJQURN MEETING:The meeting adjourned at approximately 11:03 a.m. to the next Regular Meeting to be held on Tuesday,September 25,2018,at 9:30 a.m. in the Margaret H. Chandler Water Reclamation Plant Conference Room,399 Chandler Place,San Bernardino, o California,92408. E 0 BY: U TONI CALLICOTT President 0 m BY: ILI >. ROBIN L. OHAMA 0 Deputy City Clerk&Ex-Officio Secretary °r° 0 N L d E d y.' Q d co ti 00 ti V Q U) y.' X W I r Q E V Q Q Com_ C d 0 L Q Q Q U Q U U m co V- Q N L Q M E Q ++ Q Q co U U Q Page 5 E 09/11/2018 Q Packet Pg. 406 19.a {��RNAitDIA,� cQ 9� Consent Calendar o o d City of San Bernardino Q Request for Council Action n IK > 0 L Date: October 17, 2018 C Q To: Honorable Mayor and City Council Members Q From: Andrea M. Miller, City Manager By: Helen Tran, Director of Human Resources 0 Subject: Amend the FY 2018/19 Adopted Budget to Implement the Approved Elected Official Compensation 3 m Recommendation Adopt Resolution No. 2018-292 of the Mayor and City Council of the City of San 0 Bernardino, California, amending the FY 2018/19 Adopted Budget. a Backgroundco Section 305 of the City Charter adopted by voters on November 8, 2016 and Municipal N Code Chapter 2.19 require that compensation for elected officials be adopted by ordinance, after public hearing and considering the recommendations of an advisory Q commission. Q On February 21, 2018, the Elected Official Compensation Advisory Commission was established by Ordinance No. MC 1463. The first meeting was held on June 26, 2018. co ti On September 5, 2018, the Mayor and City Council conducted a public hearing to establish compensation and benefits for City-Elected officials and introduced for first 0 CL reading Ordinance No. MC 1504. The City Council voted to continue the matter to Q September 19, 2018 to accommodate participation of two Councilmembers that were absent during the September 5, 2018 meeting. n On September 19, 2018, the Mayor and City Council held a public hearing, introduced Q Ordinance No. MC 1504, and conducted the first reading. Q On October 3, 2018, the Mayor and City Council conducted the second reading and a adopted Ordinance No. MC 1504, establishing Mayor's and each City Council members' Q salaries at levels proposed by the Commission effective January 1, 2019. m d x Q E 10/9/2018 4:20 PM Packet Pg. 407 19.a �a .2 Discussion o The Mayor's salary and benefits effective January 1 , 2019: ✓ 50% of the salary of a Superior Court Judge in County of San Bernardino, w adjusted and implemented January 1 of each subsequent year ✓ Employer benefit contribution tied to Management Employees 0 CL ✓ Auto Allowance to continue at $725 per month a Q Mayor's Salary and Annual 2 Benefits Amount Q Annual Salary $102,912 2 CL Employer Health Benefits $14,340 E Contribution 0 Auto Allowance $8,700 Q TOTAL: $125,952 m City Council members' salaries effective January 1 , 2019- CL 0 ✓ 14,000 per year. Annual salary does not adjust automatically on an annual basis co ✓ Employer benefit contribution tied to Management Employees N ✓ Auto Allowance of$500 per month Q City Council's Salary Annual and Benefits Amount Annual Salary $14,000 a Employer Health Benefits $14,340 co Contribution ti co Auto Allowance $6,000 TOTAL: $34,340 0 CL Q 2018-19 Goals and Objectives The recommendation to amend the 2018/19 Adopted Budget aligns with Goal No. y 5: Improve Government Operations. Q Fiscal Impact The total annual fiscal impact of the proposed changes is an increase to the Legislative Q Department budget of $113,000. Only one-half of that amount, or $56,500, is required a for the balance of the FY 2018/19 budget due to the January 1 , 2019 effective date of Q the proposed changes. The salaries and pension cost accounts would be increased while the auto allowance account would be decreased consistent with the changes m noted for the Mayor and City Council members. _ Q E a 10/11/2018 10:17 AM Packet Pg. 408 19.a 'a Conclusion .2 Adopt Resolution No. 2018-292 of the Mayor and City Council of the City of San o Bernardino, California, amending the FY 2018/19 Adopted Budget. Q Attachments w Attachment 1 Resolution No. 2018-292 Q O L Q Ward: a Q On February 21, 2018, the Elected Official Compensation Advisory Commission was established by Ordinance No. MC 1463. The first meeting was held on June 26, 2018. d E On September 5, 2018, the Mayor and City Council conducted a public hearing to establish Q compensation and benefits for City-Elected officials and introduced for first reading Ordinance No. E MC 1504. The City Council voted to continue the matter to September 19, 2018 to accommodate participation of two Councilmembers that were absent during the September 5, 2018 meeting. a� On September 19, 2018, the Mayor and City Council held a public hearing, introduced Ordinance No. MC 1504, and conducted the first reading. Q On October 3, 2018, the Mayor and City Council conducted the second reading and adopted o Ordinance No. MC 1504, establishing Mayor's and each City Council members' salaries at levels a proposed by the Commission effective January 1, 2019. c� co 0 N LL Q t Q E Q CO CO ti O Q Q w t4 co Q E Q E Q Q a1 7 m 2 d E t V t4 Q 10/11/2018 10:17 AM Packet Pg. 409 19.b Resolution No. 2018-292 a� RESOLUTION NO. 2018-292 00 L Q RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE FY 2018/19 ADOPTED BUDGET a� E WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of Q. San Bernardino, as a charter city, to provide for the compensation of the Mayor and City E Council; and a� WHEREAS, Mayor and City Council salaries are currently established by Section 24 of the former City Charter; and m a� WHEREAS, Section 305 of the new City Charter adopted by voters on November 8, 0 2016 and Municipal Code Chapter 2.19 require that compensation for elected officials be a adopted by ordinance, after public hearing, and considering the recommendations of an advisory r commission; and co 0 N 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 E WHEREAS, at its July 23, 2018 meeting, after a comprehensive review of data compiled ti 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 c provide for an employer health benefits contribution equivalent to that made available to 3 management employees along with a monthly auto allowance of$725; and a� 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 E with a monthly auto allowance of$500; and WHEREAS, in making these recommendations, the Commission emphasized the a 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; and E d WHEREAS, at its September 19, 2018 meeting, the City Council introduced Ordinance E No. MC 1504, establishing the Mayor's and each City Council member's salary at the levels proposed by the Commission effective January 1, 2019; and .� 0 m WHEREAS, at its October 3, 2018 meeting, the City Council adopted Ordinance No. MC 1504, establishing the Mayor's and each City Council member's salary at the levels proposed by the Commission effective January 1, 2019; and E Packet Pg. 410 19.b Resolution No. 2018-292 WHEREAS, the adoption of Ordinance No. MC 1504 by the City Council will impact the FY 2018/19 Adopted Budget. ° BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF aai SAN BERNARDINO AS FOLLOWS: c a� SECTION 1. The above recitals are true and correct and are incorporated herein by this E 0. reference. E SECTION 2. The Director of Finance is authorized to amend the FY 2018/19 Adopted ° Budget to appropriate $56,500 from the General Fund's available reserve balance to the Legislative Department's budget. m' SECTION 3. The City Council finds this Resolution is not subject to the California Q. Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA ° applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that co the activity in question may have a significant effect on the environment, the activity is not o subject to CEQA. a� SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. E SECTION 5. Effective Date. This Resolution shall become effective immediately. co ti F APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2018. ° 0 U) d R. Carey Davis, Mayor City of San Bernardino Attest: Q as E Georgeann Hanna, CMC, City Clerk E a� a� Approved as to form: m' x c a� Gary D. Saenz, City Attorney Packet Pg. 411 19.b Resolution No. 2018-292 CERTIFICATION 0 L Q STATE OF CALIFORNIA) a COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) c a� E a� I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of E Resolution No. , adopted at a regular meeting held at the day of , 2018 by the following vote: a� Council Members: AYES NAYS ABSTAIN ABSENT m' a� MARQUEZ 0 BARRIOS r co r CD VALDIVIA N LL SHORETT NICKEL RICHARD co co ti MULVIHILL c 0 0 0 WITNESS my hand and official seal of the City of San Bernardino this day of a 2018. , d E Georgeann Hanna, CMC, City Clerk a d E d E a� a� 0 m x c a� E Packet Pg. 412 20.a xE►R�� Consent Calendar � o City of San Bernardino Request for Council Action D lii E 0 Date: October 17, 2018 L d To: Honorable Mayor and City Council Members Y From: Andrea M. Miller, City Manager By: Kathy Brann, Economic and Housing Development Director Subject: First Amendment to Agreements with Keller Williams Realty Q Redlands for the Listing for Sale of Certain Real Property a Assets 0 Q E Recommendation 1. Adopt Resolution No. 2018-288 of the Mayor and City Council of the City of San E Bernardino, California, approving an amendment to the agreement with Keller a Williams Realty Redlands to list and sell a City-owned real property asset and L U_ approving certain related actions, and; 00 ti 2. Adopt Resolution No. 2018-293 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment c Agency of the City of San Bernardino, approving an amendment to the agreement C with Keller Williams Realty Redlands to list and sell certain Successor Agency- owned real property assets and approving certain related actions. E a Background S Pursuant to Health and Safety Code (the "HSC') § 34172 (a) (1), the Redevelopment J Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent a with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino (the "City") previously elected to serve in the capacity of the Successor Q Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor a Agency"). Y 4- 0 At the time of dissolution, the former Redevelopment Agency held many public, commercial and residential real property assets that had been acquired for community, 0 economic and affordable housing purposes. As a part of redevelopment dissolution, a successor agencies with real property assets are required dispose of such property o pursuant to either a Long-Range Property Management Plan (the "LRPMP") or Housing w Asset Transfer Plan (the "HAT") approved by the California Department of Finance (the "DOF"). Depending on the disposition category approved by the DOF, real property Q 10/12/2018 9:12 AM Packet Pg. 413 20.a assets are to be transferred in one of the following ways: i) to the City for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; Q or iv) to be sold. On February 23, 2017, the City Council Ad Hoc Real Estate Committee met and W reviewed a proposed Property Disposition Strategy that addresses the manner in which E the properties designated for sale pursuant to the LRPMP and the HAT would be sold. On March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorized a competitive process that would result in 18 sites being listed for sale with a real estate broker (sixteen [16] of Y which are Successor Agency-owned and two [2] of which are City-owned). After March 6, 2017, it was determined that two of the sites proposed to be listed no longer need to 3 be listed for sale with a real estate broker. As a result, on August 16, 2017, the Successor Agency Board approved an Amended Property Disposition Strategy that among other things reduced the numbers sites to be listed for sale from 18 to 16. L Consistent with the Property Disposition Strategy: o i) During April 2017, an open Invitation for Prospectus to list for sale certain City- E owned and Successor Agency-owned properties was issued via a direct mailing and a posting on the City's Internet site; E a ii) On May 10, 2017, a non-mandatory meeting was held for all interested brokers (of L which 13 brokers/realtors attended), and `` co ti iii) By the submittal deadline of May 31 , 2017, five (5) brokers submitted proposals. 0 A five-member review panel carefully reviewed each proposal received and interviewed C each qualified applicant and, based on this process, unanimously concluded that Keller- Z Williams Realty's (the "KW") proposal best met the Successor Agency's and City's E current needs. The other four (4) responding brokers were invited to participate in the a purchase and sale process through KW's commission sharing program by bringing S forward potential buyers once the properties on the List of Property to be Sold are placed on the market. Consistent with the foregoing and as a result of a request for proposals process, on Q October 18, 2017, the Mayor and City Council adopted Resolution No. 2017-199, and a Successor Agency adopted Resolution 2017-200, approving separate Vacant Land Y Listing Agreements (the "Original Agreements") with Keller Williams Realty Redlands 0 (the "Broker") to list and sell the above mentioned City-owned and Successor Agency- owned properties during the period of October 18, 2017 through October 17, 2018 (the 0 "Term"). A list of properties included within the Original Agreements is included as a Exhibit "A" to both of the attached Resolutions. o x LU Q E ca a 10/12/2018 11:20 AM Packet Pg. 414 20.a ca Discussion To date, six (6) Successor Agency-owned properties have sold or are in escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds, as described within the "Schedule of Property Sold or Placed into Escrow," which is W attached as Exhibit "B" to the Successor Agency Resolution. One (1) City Property- E owned, along with nine (9) Successor Agency-owned properties remain to be sold, representing, on a combined basis, $909,643 of potential gross sales proceeds. A "Schedule of Remaining Property to be Listed and Sold," is included as Exhibit "C" to the Successor Agency Resolution. Since the City-owned property listed for sale Y remains unchanged, the Mayor and City Council Resolution does not require either of these exhibits. The Broker continues to actively pursue potential buyers for the unsold 3 City-owned and Successor Agency-owned properties. Q E Per its letter of August 13, 2018, the Broker has requested a one-year extension to the Q Term of both Original Agreements to allow additional time to sell the remaining unsold I properties, a copy of which is attached to the Resolutions (i.e., Exhibit "B" to the Mayor o and City Council Resolution and Exhibit "D" to the Successor Agency Resolution). The adoption of these Resolutions will approve the First Amendment to the City's and the E Successor Agency's Vacant Land Listing Agreements with the Broker, copies of which are attached to the Resolutions (i.e., Exhibit "C" to the Mayor and City Council E Resolution and Exhibit "E" to the Successor Agency Resolution). Given that the Broker a has capably represented the City's and Successor Agency's interests by selling over L half of the Successor Agency's Properties in terms of sales price values, staff `` recommends the approval of both Resolutions. ti 2018-2019 Goals and Objectives 0 Adoption of the attached Resolutions aligns with Goal No. I Create, Maintain and Grow C Jobs and Economic Value in the City, and Goal No. 4: Ensure Development of a Well- Z Planned, Balanced, and Sustainable City. The activity involves the transfer of real E property assets to third parties to place them into highest and best economic uses, a consistent with the City's General Plan and Zoning Ordinance, that will create economic S activities, create job opportunities, remove blight, improve neighborhoods, create affordable housing and increase tax-ratables. Fiscal Impact Q Pursuant to the Original Agreements, the Broker is entitled to a contingent sales a commission consistent with the commission rates described within the Original Y Agreements. The payment of the commission will be funded from land sales proceeds 0 and will be paid through the purchase and sale escrow. Neither the City nor the Successor Agency is obligated to pay the Broker any fees other than the fees stated in 0 the Original Agreements. C 6 The potential gross proceeds from the Remaining Property to be Listed and Sold is w estimated to be approximately $909,643; and from these gross proceeds, all transaction costs are paid. A rough estimate of the potential net proceeds that may be realized Q 10/12/2018 11:20 AM Packet Pg. 415 20.a from the Remaining Property to be Listed and Sold, based on previous net proceeds received as a function of previous gross proceeds received, is approximately 86% of the potential gross proceeds, or approximately $782,300. The net proceeds will be transferred to the San Bernardino County Auditor-Controller W that will in turn divide and pay the net proceeds to the affected taxing entities in E proportion to their respective shares of the 1% general tax levy. Since the City's share is approximately 17%, the City will receive approximately $133,000. L d Conclusion Q 1 . It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-288, approving an amendment to the 3 agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset and approving certain related actions, and; E Q P 2. It is recommended that the Mayor and City Council of the City of San Bernardino, a California, acting as the Successor Agency to the Redevelopment Agency of the City o of San Bernardino, adopt Resolution No. 2018-293, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell certain Successor E Agency-owned real property assets and approving certain related actions. Q E Attachments Q Attachment 1 Resolution 2018-288; Exhibit A, Original Schedule of Property to be L Listed and Sold; Exhibit B, August 13, 2018 Letter from Keller Williams `` Redlands; and Exhibit C, Amended Listing Agreement with Keller ti Williams Realty Redlands for the Listing for Sale of a City-Owned Real Property Asset 0 Attachment 2 Resolution 2018-293; Exhibit A, Original Schedule of Property to be a Listed and Sold; Exhibit B, Schedule of Property Sold or Placed into z Escrow; Exhibit C, Schedule of Remaining Property to be Listed and E Sold; Exhibit D, August 13, 2018 Letter from Keller Williams Redlands; Q and Exhibit "E", Amended Listing Agreement with Keller Williams Realty Redlands for the Listing for Sale of Certain Successor Agency-Owned Real Property Assets Wards: 1, 2, 3 &6(see Exhibit"A"to the Resolutions) m E Q Synopsis of Previous Council Actions: (i) October 18, 2017: The Mayor and City Council approved Resolution 2017-199, which Y 4- approved approved a Listing and Sale Agreement with Keller Williams Realty Redlands for the listing and 0 Sale of a City-owned real property asset; and (ii) October 18, 2017: The Successor Agency Board approved Resolution 2017-200, which o approved a Listing and Sale Agreement with Keller Williams Realty Redlands for the listing and a Sale of certain Successor Agency-owned real property assets. q 0 x LU Q E ca Q 10/12/2018 11:20 AM Packet Pg. 416 20.b Resolution No. 2018-288 RESOLUTION NO. 2018-288 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF E THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT TO THE AGREEMENT WITH KELLER WILLIAMS REALTY REDLANDS TO LIST AND SELL A CITY-OWNED REAL PROPERTY Y ASSET,AND APPROVING CERTAIN RELATED ACTIONS 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 d L WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of a the City of San Bernardino (the "City") previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor 0 Agency"); and as WHEREAS, at the time of dissolution, the former Redevelopment Agency held many a public, commercial and residential real property assets that had been acquired for community, 2 economic and affordable housing purposes; and UL 00 WHEREAS, as a part of redevelopment dissolution, successor agencies with real property assets are required dispose of such property pursuant to either a Long-Range Property Management Plan (the "LRPMP") or Housing Asset Transfer Plan (the "HAT") approved by the California Department of Finance (the"DOF"); and 0 U) as WHEREAS depending on the disposition category approved by the DOF, real property v assets are to be transferred in one of the following ways: i) to the City for government use; ii) to v the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold; and WHEREAS, on February 23, 2017, the City Council Ad Hoc Real Estate Committee a, met and reviewed a proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold; and as WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorized a competitive process that E would result in 18 sites being listed for sale with a real estate broker (sixteen [16] of which are Successor Agency-owned and two [2] of which are City-owned); and Y 4- 0 WHEREAS, after March 6, 2017, it was determined that two of the sites proposed to be c listed no longer need to be listed for sale with a real estate broker; and Q. Q. WHEREAS, on August 16, 2017, the Successor Agency Board approved an Amended Property Disposition Strategy that among other things reduced the numbers sites to be listed for w sale from 18 to 16; and E 1 Packet Pg. 417 20.b Resolution No. 2018-288 WHEREAS, consistent with the Property Disposition Strategy: i) during April 2017, an open Invitation for Prospectus to list for sale certain City-owned and Successor Agency-owned y properties was issued via a direct mailing and a posting on the City's Internet site; ii) on May 10, E 2017, a non-mandatory meeting was held for all interested brokers (of which 13 brokers/realtors attended), and iii) by the submittal deadline of May 31, 2017, five (5) brokers submitted proposals; and as Y WHEREAS, a five-member review panel carefully reviewed each proposal received and interviewed each qualified applicant and, based on this process, unanimously concluded that y Keller Williams Realty Redlands (the "KW") proposal best met the Successor Agency's and City's current needs; and E d L WHEREAS, the other four (4) responding brokers were invited to participate in the purchase and sale process through KW's commission sharing program by bringing forward potential buyers once the properties on the Schedule of Property to be Listed and Sold are placed on the market; and E as WHEREAS, consistent with the foregoing, on October 18, 2017, the Mayor and City E a Council adopted Resolution No. 2017-199 approving a Vacant Land Listing Agreement (the N "Original Agreement") with Keller Williams Realty Redlands, (the "Broker") to list and sell the ii above mentioned Successor Agency-owned properties during the period of October 18, 201800 through October 17, 2018 (the "Term"); and WHEREAS, pursuant to the Original Agreement, during the Term the Broker listed for 0 sale the City-owned real property site (the "City's Property"), as described as Site No. 24 within ' the "Original Schedule of Property to be Listed and Sold," which is included as Exhibit "A," U) attached hereto; and U U WHEREAS, concurrently with the approval of the Original Agreement, on October 18, 2017, the Successor Agency also entered into a Vacant Land Listing Agreement with the Broker a, to sell the Successor Agency's properties (the "Successor's Agency Properties"), as described a CD above; and S J WHEREAS, to date, six (6) Successor Agency-owned properties have sold or are in escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds; and E WHEREAS, one (1) City Property, along with nine (9) Successor Agency-owned Y properties remain to be sold,representing, on a combined basis, $909,643 of potential gross sales o proceeds; and 0 L WHEREAS, the Broker continues to actively pursue potential buyers for the unsold a City Property and Successor Agency-owned properties; and o x LU c a� E a 2 Packet Pg. 418 20.b Resolution No. 2018-288 WHEREAS, per its letter of August 13, 2018, the Broker has requested a one-year d extension to the Term of the Original Agreement to allow additional time to sell the City's y remaining unsold property, as copy of which is attached hereto as Exhibit"B"; and E WHEREAS, the Broker has capably represented the City's and Successor Agency's L interests by selling over half of the Successor Agency's Properties in terms of sales price values; Q and Y WHEREAS, adoption of this Resolution will approve the First Amendment to Vacant y Land Listing Agreement with the Broker, a copy of which is attached hereto as Exhibit"C"; and E WHEREAS, this Resolution has been reviewed with respect to applicability of the L co California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines; and E WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or E administrative activity that will not result in a direct or indirect physical change in the N environment,per § 15378 (b) (5) of the Guidelines; and ii 00 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. 0 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ' SAN BERNARDINO,AS FOLLOWS: d SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. , E CM SECTION 2. The First Amendment to Vacant Land Listing Agreement with Keller a CD Williams Realty Redlands, a copy of which is attached hereto as Exhibit"C," is approved. S J SECTION 3. The City Manager, or her designee, is authorized to execute the First a Amendment to Vacant Land Listing Agreement with Keller Williams Realty and to take such other actions and to execute such other documents as are necessary to effectuate the intent of E this Resolution. a Y SECTION 4. The City Council finds this Resolution is not subject to the California o Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the a environment. Where it can be seen with certainty, as in this case, that there is no possibility that a the activity in question may have a significant effect on the environment, the activity is not o subject to CEQA. w c a� E 3 Packet Pg. 419 20.b Resolution No. 2018-288 SECTION 5. Severability. If any provision of this Resolution or the application thereof Q to any person or circumstance is held invalid, such invalidity shall not affect other provisions or y applications, and to this end the provisions of this Resolution are declared to be severable. E SECTION 6. Effective Date. This Resolution shall become effective immediately. L d APPROVED and ADOPTED by the City Council and signed by the Mayor and attested Y by the City Clerk this day of 52018. as E as d L Q 0 R. Carey Davis,Mayor W City of San Bernardino 0 Attest: Q L_ UL Georgeann Hanna, CMC, City Clerk 00ti Approved as to form: 3 0 U) d U Gary D. Saenz, City Attorney a� Q a� S J d d E Q Y 4- 0 0 L Q Q Q 6 W d E V Q 4 Packet Pg. 420 20.b Resolution No. 2018-288 CERTIFICATION d E STATE OF CALIFORNIA) 2 COUNTY OF SAN BERNARDINO) ss L CITY OF SAN BERNARDINO) d Y t I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. , adopted at a regular meeting held at the day of , 2018 by the following vote: E d d L Council Members: AYES NAYS ABSTAIN ABSENT °f 0 MARQUEZ E BARRIOS d E VALDIVIA a L_ UL SHORETT 00 ti NICKEL 0 RICHARD 0 d MULVIHILL U U WITNESS my hand and official seal of the City of San Bernardino this day of 2018. a a� S J Georgeann Hanna, CMC, City Clerk d E Y 4- 0 0 L Q Q Q 6 W d E V Q 5 Packet Pg. 421 20.b Resolution No. 2018-288 EXHIBIT "A" ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD E L Site No. 24 is owned by the City and Site Nos. 28-34, 37, 39, 42, 44, and 46-49 are owned by the Successor Agency. as >_ ORIGINAL SCHEDULE OF PROPERTY L Site Site Reference Address APN Zoning Lot Listing 0 No. Size Price 552 N. Mt.Vernon Av 0138-114-09 Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 24 Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 0.56 $239,000 578 N. Mt.Vernon Av 0138-114-18 >_ 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 Q 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 L 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 U- 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 Q; 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 ti 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 0 757 N. Mt.Vernon Av 0139-291-60 SP-PP d 42 Vacant N. Mt.Vernon Av Comm Prop 761 N. Mt.Vernon Av 0139-291-61 CG-3 0.72 $237,653 V 44 E.Cooley Av Parking Lot E.Cooley Av 0281-031-51 0281-041-41 IH 4.35 $189,486 480 N"D"St 0134-141-28 E 46 N."D"St Vacant Comm Prop 478 N"D"St 0134-141-29 CR-2 0.22 $125,000 Q 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 48 Mt.View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 E 49 Evan St Res Prop 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 d d >_ Q Y 4- 0 �a 0 L Q Q Q d W Q E V Q 6 Packet Pg. 422 20.b Resolution No. 2018-288 EXHIBIT "B" d E 2 AUGUST 13, 2018 LETTER FROM KELLER WILLIAMS REALTY REDLANDS L REQUESTING AN AGREEMENT EXTENSION d Y (See attachment) 3 d E d d L Q O d E d E Q L_ UM Q� Co ti O O Nd N U U Q S J d d E Q Y 4- 0 O O L Q Q Q d W d E V Q 7 Packet Pg. 423 20.b Resolution No. Q EXHIBIT "C" 0 E AMENDED LISTING AGREEMENT WITH KELLER WILLIAMS REALTY L FOR THE LISTING FOR SALE OF A CITY-OWNED REAL PROPERTY ASSET Y (See Attachment) Q E Q 0 L Q 0 d E d E Q L_ UL Q� 00 ti 0 0 U) Nd N U U Q S J Q Q E Q Y 4- 0 0 L Q Q Q 0 W d E V Q 8 Packet Pg. 424 20.c Resolution No. 2018-288 EXHIBIT "A" d ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD E 0 L Site No. 24 is owned by the City and Site Nos. 28-34, 37, 39, 42, 44, and 46-49 are owned by the Successor Agency. as ORIGINAL SCHEDULE OF PROPERTY as L Site Lot Listing Q No. Site Reference Address APN Zoning Size Price o 552 N. Mt.Vernon Av 0138-114-09 Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 24 Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 0.56 $239,000 578 N. Mt.Vernon Av 0138-114-18 Q 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 E Q 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 y 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 LL 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 0000 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 Q 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 757 N. Mt.Vernon Av 0139-291-60 SP-PP x 42 Vacant N. Mt.Vernon Av Comm Prop 0.72 $237,653 w 761 N. Mt.Vernon Av 0139-291-61 CG-3 v 0281-031-51 v 44 E.Cooley Av Parking Lot E.Cooley Av 0281-041-41 IH 4.35 $189,486 480 N"D"St 0134-141-28 E 46 N."D"St Vacant Comm Prop CR-2 0.22 $125,000 a' 478 N D St 0134-141-29 Q 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 48 Mt.View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 y 49 Evan St Res Prop 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 Q Q E Q Y 4- 0 �a 0 L Q Q Q 6 W Q E V Q 6 Packet Pg. 425 20.d EN S A VISION FOR YOUR SUCCESS �a E �a L August 13, 2018 Y t RE: Renewal of Existing Listing Agreement To All Concerned Parties: E a) It is with much gratitude that we request the renewal of the existing Listing Agreement between the City of San Bernardino and the Successor Agency. a O Since the inception our team here at Keller Williams Realty has successfully sold several properties and have several others in escrow pending approval by all parties. The collective value of these properties is E $1,045,205.00. Originally there were sixteen (16) sites, fifteen (15) for the Successor Agency and one (1) fort City of San Bernardino. The sale and pending sales when completed will remove six (6) sites with nine (9) E remaining active. L We will continue to market these remaining properties in the same manner we have with the successful sales c `` the aforementioned. Typically we see that the more desirable properties are the first to be sold and often time: o the lesser desirable can be more challenging. We will continue to monitor our progress with the remaining properties and look at other options to promote their sale. One such option may include a bulk sale m consideration. t When we first embarked upon this agreement we were told that there may be properties added to these sites w and were also told that some sites may be removed. To this date only sites have been removed. We would � certainly appreciate the opportunity to represent the City of San Bernardino/Successor Agency in disposal of other existing properties. E a� a Respectfully su d, / t N Dennis M. Craig v a� Ken Peterson E Lara Fernandez Y O Please note that Mr. Doug Reynoldson is no longer an active part of this team. O L a d w c E t 909-289-9191 • www.DennIsMCraig.com •Dennls@DennlsMCralg,com a 1473 Ford Street,Ste.200•Redlands,CA 92373 KELLERWILLIH<iS. Packet Pg. 426 20.e FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT BETWEEN THE E CITY OF SAN BERNARDINO L AND a KELLER WILLIAMS REALTY REDLANDS d THIS FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT E (the "First Amended Agreement") is made as of the 17th day of October 2018, by and between the City of San Bernardino (the "City") and Keller Williams Realty Redlands (the E "Broker"). Collectively, City and Broker are referred to herein as the "Parties." UL a L WITNESSETH THAT: os 00 ti WHEREAS, City and Broker previously entered into an original Vacant Land Fk Listing Agreement (the "Original Agreement") dated October 18, 2017 for the period of a October 18, 2017 through October 17, 2018 (the"Term"); and X WHEREAS, pursuant to the Original Agreement, during the Term the Broker listed w for sale one (1) City-owned (the "City Property"), as described as Site No. 24 within the .a "Original Schedule of Property to be Listed and Sold," which is included as Exhibit "A," attached hereto; and E 2 WHEREAS, in conjunction with the City's Original Agreement, on October 18, U_ 2017, the Successor Agency to the Redevelopment Agency of the City of San Bernardino v (the "Successor Agency") also entered into a Vacant Land Listing Agreement with the Broker to sell fifteen (15) Successor Agency-owned properties; and x w WHEREAS, to date, six (6) Successor Agency-owned properties have sold or are in escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds; , and a, WHEREAS, one (1) City Property, along with nine (9) Successor Agency Properties remain to be sold, representing, on a combined basis, $909,643 of potential gross y sales proceeds; and 'a Q WHEREAS, the Broker continues to actively pursue potential buyers for the unsold Q City Property and Successor Agency-owned properties; and Q WHEREAS, on August 13, 2018, the Broker requested a one-year extension to the Y Term; and 0 0 WHEREAS, the Broker has capably represented the City's and Successor a Agency's interests by selling over half of the Successor Agency-owned properties in terms of sales price values; and o x w WHEREAS, it now becomes necessary to amend said Original Agreement and the Parties are desirous of such amendment. E -1- Q Packet Pg. 427 20.e Page 2 NOW, THEREFORE, in consideration of the mutual undertakings herein, the U) Parties amend the Agreement as follows: a� a� 1. Section 1, EXCLUSIVE AUTHORIZATION, is amended in its entirety as a follows: c r- "City of San Bernardino ("Owner") hereby employs Keller Williams Realty 0 Redlands ("Broker")beginning on October 18, 2017 and ending at 11:59 PM on October 17, 2019 ("Listing Period")the exclusive and irrevocable right to sell the real property in the City of San Bernardino, County of San Bernardino, California as described within the Original Agreement." 2 U- 2. All remaining provisions of the Original Agreement shall remain the same. 00ti IN WITNESS WHEREOF, the Successor Agency and Broker have approved this a First Amended Agreement effective the day and year first above written. CITY: BROKER: w 3 City of San Bernardino Keller Williams Realty Redlands E L UL By: By: v Andrea M. Miller Dennis M. Craig Executive Director BRE License No. 01437825 X w U U ATTEST: E a� a� S By: y Georgeann Hanna, CMC City Clerk d APPROVED AS TO FORM: E Gary D. Saenz, City Attorney Y 4- 0 By: 0 a 6 x w d E -2- a Packet Pg. 428 20.e Page 3 Exhibit "A" Q ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD E Q Q L Q Site No. 24 is owned by the City and Site Nos. 28-34, 37, 39, 42, 44, and 46-49 are 0 owned by the Successor Agency. a E Q ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD EQ Site Site Reference Address APN Zoning Lot Listing 2 No. Size Price 0138-114-09 as 552 N. Mt.Vernon Av 00 Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 24 Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 0.56 $239,000 578 N. Mt.Vernon Av 0138-114-18 Q 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 x 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 w 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 Q 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 E 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 Q 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 L 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 U- 757 N. Mt.Vernon Av 0139-291-60 SP-PP v 42 Vacant N. Mt.Vernon Av Comm Prop 761 N. Mt.Vernon Av 0139-291-61 CG-3 0.72 $237,653 0281-031-51 x 44 E.Cooley Av Parking Lot E.Cooley Av 0281-041-41 IH 4.35 $189,486 w U 480 N"D"St 0134-141-28 V 46 N."D"St Vacant Comm Prop 478 N D„ St 0134-141-29 CR-2 0.22 $125,000 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 a) 48 Mt.View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 Q 49 Evan St Res Prop 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 0) E J Q Q E Q Y 4- 0 O O L Q Q Q d W d E V -3- a Packet Pg. 429 20.f Resolution No. 2018-293 RESOLUTION NO. 2018-293 RESOLUTION OF THE MAYOR AND CITY COUNCIL E ACTING AS THE SUCCESSOR AGENCY TO THE _ REDEVELOPMENT AGENCY OF THE CITY OF SAN L BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT TO THE AGREEMENT WITH Y KELLER WILLIAMS REALTY REDLANDS TO LIST AND SELL CERTAIN SUCCESSOR AGENCY-OWNED REAL PROPERTY ASSETS AND APPROVING CERTAIN RELATED ACTIONS E d d L WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the a Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and as WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of E the City of San Bernardino (the "City") previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor E Agency"); and L_ UL WHEREAS, at the time of dissolution, the former Redevelopment Agency held many public, commercial and residential real property assets that had been acquired for community, ti economic and affordable housing purposes; and c 0 WHEREAS, as a part of redevelopment dissolution, successor agencies with real 3 property assets are required dispose of such property pursuant to either a Long-Range Property Management Plan (the "LRPMP") or Housing Asset Transfer Plan (the "HAT") approved by the California Department of Finance (the"DOF"); and co 4 E WHEREAS, depending on the disposition category approved by the DOF, real property a assets are to be transferred in one of the following ways: i) to the City for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold; v and WHEREAS, on February 23, 2017, the City Council Ad Hoc Real Estate Committee met and reviewed a proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold; and a WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Y Property4- Property Disposition Strategy, which among other things, authorized a competitive process that � would result in 18 sites being listed for sale with a real estate broker (sixteen [16] of which are o' Successor Agency-owned and two [2] of which are City-owned); and Q- Q. WHEREAS, after March 6, 2017, it was determined that two of the sites proposed to be = listed no longer need to be listed for sale with a real estate broker; and w c a� E 1 Packet Pg. 430 20.f Resolution No. 2018-293 WHEREAS, on August 16, 2017, the Successor Agency Board approved an Amended Property Disposition Strategy that among other things reduced the numbers sites to be listed for sale from 18 to 16; and E WHEREAS, consistent with the Property Disposition Strategy: i) during April 2017, an `_° open Invitation for Prospectus to list for sale certain City-owned and Successor Agency-owned properties was issued via a direct mailing and a posting on the City's Internet site; ii) on May 10, a, 2017, a non-mandatory meeting was held for all interested brokers (of which 13 brokers/realtors Y attended), and iii) by the submittal deadline of May 31, 2017, five (5) brokers submitted proposals; and 3 WHEREAS, a five-member review panel carefully reviewed each proposal received and interviewed each qualified applicant and, based on this process, unanimously concluded that Keller Williams Realty Redlands (the "KW") proposal best met the Successor Agency's and City's current needs; and o WHEREAS, the other four (4) responding brokers were invited to participate in the E purchase and sale process through KW's commission sharing program by bringing forward potential buyers once the properties on the Schedule of Property to be Listed and Sold are placed E on the market; and a L_ UL WHEREAS, consistent with the foregoing, on October 18, 2017, the Successor Agency adopted Resolution No. 2017-200 approving a Vacant Land Listing Agreement (the "Original ti Agreement") with Keller Williams Realty Redlands, (the "Broker") to list and sell the above mentioned Successor Agency-owned properties during the period of October 18, 2018 through c October 17, 2018 (the "Term"); and 0 U) WHEREAS, pursuant to the Original Agreement, during the Term the Broker listed for sale fifteen (15) Successor Agency-owned real property sites (the "Successor Agency's co Properties"), as described within the "Original Schedule of Property to be Listed and Sold," E which is included as Exhibit"A," attached hereto; and WHEREAS, to date, six (6) of the Successor Agency's Properties have sold or are in y escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds, as described within the "Schedule of Property Sold or Placed into Escrow," which is included as Exhibit"B," attached hereto; and E WHEREAS, nine (9) of the Successor Agency's Properties remain to be sold, a representing, on a combined basis, $909,643 of potential gross sales proceeds, as described Y 4- within within the "Schedule of Remaining Property to be Listed and Sold,"which is included as Exhibit ° "C," attached hereto; and c L Q WHEREAS, the Broker continues to actively pursue potential buyers for the unsold a Successor Agency Properties; and 6 x LU c a� E a 2 Packet Pg. 431 20.f Resolution No. 2018-293 WHEREAS, per its letter of August 13, 2018, the Broker has requested a one-year extension to the Term of the Original Agreement to allow additional time to sell the remaining unsold properties, as copy of which is attached hereto as Exhibit"D"; and E 2 WHEREAS, the Broker has capably represented the Successor Agency's interests by selling over half of the Successor Agency's Properties in terms of sales price values; and ai a� WHEREAS, adoption of this Resolution will approve the First Amendment to Vacant Land Listing Agreement with the Broker, a copy of which is attached hereto as Exhibit"E"; and WHEREAS, this Resolution has been reviewed with respect to applicability of the Q California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines; and o WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as E 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 E environment,per § 15378 (b) (5) of the Guidelines; and a L_ U_ WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. 00 °' ti BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE c REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: a� SECTION 1. The foregoing recitals are true and correct and are a substantive part of co this Resolution. E a� a SECTION 2. The First Amendment to Vacant Land Listing Agreement with Keller Williams Realty Redlands, a copy of which is attached hereto as Exhibit"E," is approved. y J SECTION 3. The City Manager, in her capacity as Executive Director of the Successor Agency, or her designee, is authorized to execute the First Amendment to Vacant Land Listing Agreement with Keller Williams Realty Redlands and to take such other actions and to execute E such other documents as are necessary to effectuate the intent of this Resolution. Y 4- SECTION SECTION 4. The City Council finds this Resolution is not subject to the California ° Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA c applies only to projects which have the potential for causing a significant effect on the Q. environment. Where it can be seen with certainty, as in this case, that there is no possibility that a the activity in question may have a significant effect on the environment, the activity is not = subject to CEQA. w c a� E 3 Packet Pg. 432 20.f Resolution No. 2018-293 SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. E 2 SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested ai by the City Clerk this day of , 2018. Y R. Carey Davis,Mayor City of San Bernardino L Q Attest: o as E Georgeann Hanna, CMC, City Clerk E Q L_ UL Approved as to form: co ti c 0 Gary D. Saenz, City Attorney 0 U) d Q a� Q a� S J d d E Q Y 4- 0 0 L Q Q Q 6 W d V Q 4 Packet Pg. 433 20.f Resolution No. 2018-293 CERTIFICATION E Q STATE OF CALIFORNIA) E COUNTY OF SAN BERNARDINO) ss `_° CITY OF SAN BERNARDINO) L d d Y I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. , adopted at a regular meeting held at the day of , 2018 by the following vote: Q E Council Members: AYES NAYS ABSTAIN ABSENT d L Q MARQUEZ BARRIOS E VALDIVIA E SHORETT 2 ii NICKEL 00 o0 ti RICHARD c MULVIHILL a� co E WITNESS my hand and official seal of the City of San Bernardino this day of 2018. S J d Georgeann Hanna, CMC, City Clerk E Y 4- 0 O L Q Q Q 6 W d V Q 5 Packet Pg. 434 20.g Resolution No. 2018-293 EXHIBIT "A" d o: ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD 2 Site No.24 is owned by the City and Site Nos.28-34,37,39,42,44, and 46-49 are owned by the Successor Agency. Y ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD Q Q 2 Site Site Reference Address APN Zoning Lot Listing a No. Size Price 552 N. Mt.Vernon Av 0138-114-09 Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP PP 24 0.56 $239,000 d Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 E 578 N. Mt.Vernon Av 0138-114-18 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 E 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 Q 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 L 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 U- 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 00 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 � 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 Q 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 757 N. Mt.Vernon Av 0139-291-60 SP-PP 42 Vacant N. Mt.Vernon Av Comm Prop 0.72 $237,653 w 761 N. Mt.Vernon Av 0139-291-61 CG-3 Q 44 E.Cooley Av Parking Lot E.Cooley Av 0281-031-51 IH 4.35 $189,486 N 0281-041-41 4 480 N"D"St 0134-141-28 0) 46 N."D"St Vacant Comm Prop478 N"D"St 0134-141-29 CR-2 0.22 $125,000 Q Im 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 E 48 Mt.View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 y 49 Evan St Res Prop 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 J Q Q E Q Y 4- 0 0 L Q Q Q d W Q E V Q 6 Packet Pg. 435 20.h Resolution No. 2018-293 EXHIBIT "B" ° d o: E ° SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW L d Site Nos.28,33,44, and 47-49 were owned by the Successor Agency. Y SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW d E Site Site Reference Lot ListingFSellingNo. Sold (S) Address APN Zoning Size Price Q Escrow(E) ° 28 Vacant Ramona Av Ind Prop(S) 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 $29,705 Q 33 Vacant Union St Res Prop(S) 1348 Union St 0139-231-34 RS 0.11 $49,000 $49,500 � 44 E.Cooley Av Parking Lot(E) E.Cooley Av 0281-031-51 IH 4.35 $189,486 $625,000 Q 0281-041-41 Q 47 10th St Res Prop(S) 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 $131,000 +, 48 Mt.View Av Res Prop(E) 839 N Mt View Av 0140-222-26 RM 0.17 $54,000LL $55,000 L 49 Evan St Res Prop(S) 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 $155,500 TOTAL $1,045,705 00 ti m x w Q co Im Q Im E J Q Q E Q Y 4- 0 O t4 O L Q Q Q d w Q E V Q 7 Packet Pg. 436 Resolution No. 2018-293 EXHIBIT "C" d o: SCHEDULE OF REMAINING PROPERTY TO BE LISTED AND SOLD 2 Site No.24 is owned by the City and Site Nos.29-32,34,37,39,42, and 46 are owned by the Successor Agency Y SCHEDULE OF "PROPERTY TO BE LISTED AND SOLD }' d E Site Site Reference Address APN Zoning Lot Listing L No. Size Price a� 552 N. Mt.Vernon Av 0138-114-09 - 24 Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 0.56 $239,000 +' Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 d 578 N. Mt.Vernon Av 0138-114-18 E 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 Q 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 E 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 Q 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 L 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 U- 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 00 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 42 Vacant N. Mt.Vernon Av Comm Prop 757 N. Mt.Vernon Av 0139-291-60 SP-PP 0.72 $237,653 v 761 N. Mt.Vernon Av 0139-291-61 CG-3 480 N"D"St 0134-141-28 46 N."D"St Vacant Comm Property 478 N"D"St 0134-141-29 CR-2 0.22 $125,000 x TOTAL $909,643 w Q co a� Q a� E J Q Q E Q Y 4- 0 O t4 O L Q Q Q d W d E V Q 8 Packet Pg. 437 FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT BETWEEN THE E SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE L CITY OF SAN BERNARDINO a AND KELLER WILLIAMS REALTY REDLANDS E THIS FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT (the "First Amended Agreement") is made as of the 17th day of October a 2018, by and between the Successor Agency to the Redevelopment Agency of the City of N San Bernardino (the "Successor Agency") and Keller Williams Realty Redlands (the U_ "Broker"). Collectively, Successor Agency and Broker are referred to herein as the "Parties' ti WITNESSETH THAT: v WHEREAS, Successor Agency and Broker previously entered into an original Vacant Land Listing Agreement (the "Original Agreement") dated October 18, 2017 for w the period of October 18, 2017 through October 17, 2018 (the "Term"); and c at WHEREAS, pursuant to the Original Agreement, during the Term the Broker a listed for sale fifteen (15) Successor Agency-owned real property sites (the "Successor N Agency Properties"), as described within the "Original Schedule of Property to be Listed U_ and Sold,"which is included as Exhibit"A," attached hereto; and w WHEREAS, to date, six (6) Successor Agency Properties have sold or are in w escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales a proceeds, as described within the "Schedule of Property Sold or Placed into Escrow," co which is included as Exhibit"B," attached hereto; and as WHEREAS, nine (9) Successor Agency Properties remain to be sold, representing, on a combined basis, $909,643 of potential gross sales proceeds, as J described within the "Schedule of Remaining Property to be Listed and Sold," which is included as Exhibit"C," attached hereto; and as E WHEREAS, the Broker continues to actively pursue potential buyers for the unsold Successor Agency Properties; and Y 4- 0 WHEREAS, on August 13, 2018, the Broker requested a one-year extension to the Term; and o Q. Q. WHEREAS, the Broker has capably represented the Successor Agency's o interests by selling over half of the Successor Agency Properties in terms of sales price w values; and Q E -1- a Packet Pg. 438 Page 2 WHEREAS, it now becomes necessary to amend said Original Agreement and the Parties are desirous of such amendment. Q E NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Agreement as follows: a 0 1. Section 1, EXCLUSIVE AUTHORIZATION, is amended in its entirety as follows: E Q "Successor Agency to the Redevelopment Agency of the City of San E Bernardino ("Owner") hereby employs Keller Williams Realty Redlands N ("Broker") beginning on October 18, 2017 and ending at 11:59 PM on UL October 17, 2019 ("Listing Period") the exclusive and irrevocable right to a; sell the real property in the City of San Bernardino, County of San ti Bernardino, California as described within the Original Agreement." U 2. All remaining provisions of the Original Agreement shall remain the a same. X LU IN WITNESS WHEREOF, the Successor Agency and Broker have approved this First Amended Agreement effective the day and year first above written. E SUCCESSOR AGENCY: BROKER: a L_ UL Successor Agency to the Redevelopment Keller Williams Realty Redlands w Agency of the City of San Bernardino X w a By: By: co z Andrea M. Miller Dennis M. Craig E Executive Director (CalDRE License No. 01437825) Q a� S ATTEST: J as By: Georgeann Hanna, CMC City Clerk Y 4- 0 APPROVED AS TO FORM: Gary D. Saenz, City Attorney o 0. 0. 6 By: w d E -2- a Packet Pg. 439 Page 3 Exhibit "A" Q ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD E Q d L Q Site No. 24 is owned by the City and Site Nos. 28-34, 37, 39, 42, 44, and 46-49 are 0 owned by the Successor Agency. a E ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD Ed Q Site Site Reference Address APN Zoning Lot Listing U- No. Size Price 0138-114-09 552 N. Mt.Vernon Av ti Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 24 Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 0.56 $239,000 578 N. Mt.Vernon Av 0138-114-18 v 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 Q 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 w 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 3 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 d 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $41,000 a 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 L 757 N. Mt.Vernon Av 0139-291-60 SP-PP U- 42 Vacant N. Mt.Vernon Av Comm Prop 0.72 $237,653 w 761 N. Mt.Vernon Av 0139-291-61 CG-3 0281-031-51 44 E. Cooley Av Parking Lot E.Cooley Av IH 4.35 $189,486 0281-041-41 w 480 N"D"St 0134-141-28 CR-2 0.22 $125,000 Q 46 N."D"St Vacant Comm Prop 478 N"D"St 0134-141-29 N 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 E 48 Mt.View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 a 49 Evan St Res Prop 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 I E J Q Q E Q Y 4- 0 O O L Q Q Q d W Q E V -3- a Packet Pg. 440 Page 4 Exhibit`B" d SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW E Q d L Q Site Nos.28,33,44, and 47-49 were owned by the Successor Agency. ° d E SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW Q Q Site Reference L Site Lot ListingFSellingNo. Sold (S) Address APN Zoning Size Price Escrow(E) 00 00ti 28 Vacant Ramona Av Ind Prop(S) 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 $29,705 33 Vacant Union St Res Prop(S) 1348 Union St 0139-231-34 RS 0.11 $49,000 $49,500 cv 0281-031-51 Q 44 E.Cooley Av Parking Lot(E) E.Cooley Av 0281 041 41 IH 4.35 $189,486 $625,000 47 10th St Res Prop(S) 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 $131,000 x 48 Mt.View Av Res Prop(E) 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 $55,000 w 49 Evan St Res Prop(S) 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 $155,500 TOTAL $1,045,705 Q E Q L_ LL W X LU Q a� Q a� E J Q d E Q Y 4- 0 O O L Q Q Q d W Q E V -4- a Packet Pg. 441 Page 5 Exhibit"C" d SCHEDULE OF REMAINING PROPERTY TO BE LISTED AND SOLD E Q d L Q Site No. 24 is owned by the City and Site Nos. 29-32, 34, 37, 39, 42, and 46 are owned by the Successor Agency E SCHEDULE OF PROPERTY TO BE LISTED AND SOLDQ Q Site Site Reference Address APN Zoning Lot Listing L No. Size Price U- 552 N. Mt.Vernon Av 0138-114-09 Q; Vacant N. Mt.Vernon Av Vacant W. 0138-114-10 SP-PP 00 24 0.56 $239,000 Spruce St Comm Prop 1316 W.Spruce St 0138-114-11 CG-3 578 N. Mt.Vernon Av 0138-114-18 v 29 Vacant N."J"St Res Prop#1 N."J"St 0144-123-03 RS 0.11 $49,000 Q 30 Vacant N."J"St Res Prop#2 N."J"St 0144-131-36 RS 0.11 $49,000 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 X 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 w 34 Vacant N.Crescent Av Res Prop 673 N.Crescent Av 0134-014-10 RM 0.08 $17,400 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E.Santa Fe St 0280-062-07 IL 0.23 $40,590 E 757 N. Mt.Vernon Av 0139-291-60 SP-PP Q 42 Vacant N. Mt.Vernon Av Comm Prop 761 N. Mt.Vernon Av 0139-291-61 CG-3 0.72 $237,653 y L 480 N"D"St 0134-141-28 U- 46 N."D"St Vacant Comm Property 478 N"D"St 0134-141-29 CR-2 0.22 $125,000 w TOTAL $909,643 X w Q co a� Q a� E J Q Q E Q Y 4- 0 O O L Q Q Q d w Q E V -5- Q Packet Pg. 442 20.k EN S C A VISION FOR YOUR SUCCESS �a E �a L August 13, 2018 Y RE: Renewal of Existing Listing Agreement To All Concerned Parties: E It is with much gratitude that we request the renewal of the existing Listing Agreement between the City of San a Bernardino and the Successor Agency. a O Since the inception our team here at Keller Williams Realty has successfully sold several properties and have several others in escrow pending approval by all parties. The collective value of these properties is E $1,045,205.00. Originally there were sixteen (16) sites, fifteen (15) for the Successor Agency and one (1) fort City of San Bernardino. The sale and pending sales when completed will remove six (6) sites with nine (9) remaining active. a L We will continue to market these remaining properties in the same manner we have with the successful sales c the aforementioned. Typically we see that the more desirable properties are the first to be sold and often time: a) the lesser desirable can be more challenging. We will continue to monitor our progress with the remaining properties and look at other options to promote their sale. One such option may include a bulk sale o consideration. t When we first embarked upon this agreement we were told that there may be properties added to these sites w and were also told that some sites may be removed. To this date only sites have been removed. We would < certainly appreciate the opportunity to represent the City of San Bernardino/Successor Agency in disposal of E other existing properties. a� a Respectfully su d, / t � Dennis M. Craig v Ken Peterson a Lara Fernandez Y O Please note that Mr. Doug Reynoldson is no longer an active part of this team. o L a d w c E U 909-289-9191 • www.DennIsMCraig.com •Dennls@DennlsMCralg,com a 1473 Ford Street,Ste.200•Redlands,CA 92373 KELLERWILLIHiviS. Packet Pg. 443 21.a Consent Calendar 0 s r- 0 ° o � City of San Bernardino c Request for Council Action 4- 0 0 U Date: October 17, 2018 To: Honorable Mayor and City Council Members E From: Andrea M. Miller, City Manager L By: Kathy Brann, Economic and Housing Development Director a 0 Subject: Agreement with County for Cancellation of Taxes on 108 Parcels of Real Property 0 CL Q Recommendation Q 1. Adopt Resolution No. 2018-289 of the Mayor and City Council of the City of San 0 Bernardino, California, authorizing the execution of an agreement with the a County of San Bernardino for the cancellation of property taxes on certain o parcels of real property and certain related actions, and; c U) 2. Adopt Resolution No. 2018-291 of the Mayor and City Council of the City of San X Bernardino, California, acting as the Successor Agency to the Redevelopment 4- Agency of the City of San Bernardino, authorizing the execution of an agreement r- with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions. Background In March 2011, the Redevelopment Agency of the City of San Bernardino ("RDA") 0 transferred 306 parcels of property to two nonprofit corporations affiliated with the RDA, the San Bernardino Economic Development Corporation ("SBEDC") and Affordable Housing Solutions of San Bernardino, Inc. ("AHS"). SBEDC and AHS agreed to 0 redevelop the parcels using funding to be provided by the RDA. In June 2011, the California Legislature enacted legislation providing for the dissolution Q of redevelopment agencies statewide and the redistribution of their assets to local taxing entities. Pursuant to this legislation, the RDA was dissolved on February 1, 2012 q and all of its assets became subject to the property disposition procedures imposed by w the legislation. In accordance with these procedures, all RDA assets transferred by LU operation of law to the City, which agreed to act as the Successor Agency to the RDA ("Successor Agency") as authorized by the legislation. 10/12/2018 11:03 AM Packet Pg. 444 21.a 4- 0 Thereafter, as directed by the redevelopment dissolution legislation, the California State 0 Controller's Office ("SCO") and the California Department of Finance ("DOF") reviewed the RDA's activities prior to its dissolution. The SCO and DOF found that the RDA's transfers of the parcels to SBEDC and AHS violated the redevelopment dissolution legislation. The SCO and DOF ordered that the transferred parcels be returned to the c Successor Agency or, in certain cases, to the City as the successor housing agency to ;, the RDA. The parcels were transferred to the Successor Agency and the City beginning in 2014. ° U t At various times before it was dissolved, the RDA also provided AHS with funds from its 3 Low and Moderate Income Housing Fund ("LMIHF") established pursuant to California Health and Safety Code section 33334.3. AHS used the LMIHF funds to acquire E parcels of property from third parties. The DOF objected to all transfers of LMIHF funds from the RDA to AHS. a 0 In addition, the City, through the RDA, provided AHS with funds received by the City from the federal government, which AHS also used to acquire property. AHS also received several parcels by donation. $ The County of San Bernardino ("County") imposed property taxes on the parcels transferred to SBEDC and AHS by the RDA, and on the parcels AHS acquired with L LMIHF or federal funds or by donation, for the period during which they were owned by a SBEDC and AHS. These taxes totaled approximately $7 million. o In 2015, the City and Successor Agency began negotiating with the County to seek the U) cancellation of the taxes. In 2017 the County agreed to cancel taxes on 285 of the X former SBEDC parcels, but deferred a decision on the remaining parcels. The parties ~ negotiated an agreement for the cancellation of taxes on the 285 parcels, which was r- approved by the Mayor and City Council and executed by the parties in October 2017. ° The parties continued negotiations into 2018 and eventually reached agreement for the cancellation of the taxes on the remaining 108 former SBEDC and AHS parcels. An agreement to accomplish this has been prepared ("Agreement") and is attached to the 0 resolutions of the City and Successor Agency that accompany this staff report. 0 Discussion 0 As of May 1 , 2018, the taxes due on the 108 parcels affected by the Agreement was 3 $1 ,323,00.54. The amount increases monthly due to interest and penalties. The DOF has denied requests that Successor Agency funds be used to pay taxes on parcels formerly owned by SBEDC or AHS. Thus, any taxes not cancelled would have to be paid from City funds or from proceeds of any parcels sold to third parties. q 0 x LU Section 4 of the Agreement provides that the County will assess a possessory interest ; tax against parcels on which it cancels property taxes but on which it determines a 0 possessory interest tax would have applied had the parcels been treated as exempt 10/12/2018 11:17 AM Packet Pg. 445 21.a from property tax during the time they were owned by SBEDC or AHS. This provision 0 would apply, for example, to parcels that were leased by SBEDC or AHS to third 0 parties. The tax will be assessed against the parties who owned the possessory interests, but must be paid by the City if those parties fail to pay. Section 8 of the Agreement requires the City and Successor Agency to indemnify and 0 defend the County against any liability arising out of the performance of the Agreement. ;, ° 2018-19 Goals and Objectives ° U Approval of the Agreement to obtain cancellation of the taxes aligns with Goal No. 6: Operate in a fiscally responsible and business-like manner. 3 Q Fiscal Impact E Q (1) Execution of the Agreement will result in savings of more than $1 .3 million to the City through the cancellation of property tax liability that would otherwise have to be paid a from City funds or property sale proceeds. ti (2) Execution of the Agreement potentially could expose the City and Successor Agency to costs associated with indemnifying and defending the County against liability arising C out of the performance of the Agreement. These costs cannot be accurately determined 0� 2 in advance of liability being asserted against or imposed upon the County. Q L (3) Execution of the Agreement potentially could expose the City to costs associated CO with paying any possessory interest taxes assessed by the County, if unpaid by the parties against whom the taxes are assessed. Again, these costs cannot be determined 0 in advance of the taxes being assessed and not paid by the assessed parties. Q X Hca Conclusion 0 It is recommended that the Mayor and City Council of the City of San Bernardino, c California: Q 1 . Adopt Resolution No. 2018-289 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the L County of San Bernardino for the cancellation of property taxes on certain 0 parcels of real property and certain related actions, and; ° 0 2. Adopt Resolution No. 2018-291 of the Mayor and City Council of the City of San 3 Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, authorizing the execution of an agreement Q with the County of San Bernardino for the cancellation of property taxes on L certain parcels of real property and certain related actions. a 6 x LU Q E ca a 10/12/2018 11:17 AM Packet Pg. 446 21.a Attachments 0 Attachment 1 Resolution authorizing execution of the Agreement on behalf of o City; Exhibit "A", Mutual Release and Settlement Agreement 2 Attachment 2 Resolution authorizing execution of the Agreement on behalf of Successor Agency; Exhibit "A", Mutual Release and Settlement Agreement L 0 4- Ward: Ward: All o U t Synopsis of Previous Council Actions: 3 On August 16, 2017, the Mayor and City Council adopted Resolution No. 2017-159, approving the m execution of the previous cancellation agreement on behalf of the City, and Resolution No. 2017- m 160, approving the execution of that agreement on behalf of the Successor Agency. IM a 0 ti 0 CL Q vi Q L a. co 0 r 0 U) Q X Fa H w 0 0 ca Q ca U L 0 W 0 U Q E Q P IM Q 0 W Q E V Q 10/12/2018 11:17 AM Packet Pg. 447 21.b Resolution No. 2018-289 4- 0 r_ RESOLUTION NO. 2018-289 d RESOLUTION OF THE MAYOR AND CITY COUNCIL OF v THE CITY OF SAN BERNARDINO, CALIFORNIA, c AUTHORIZING THE EXECUTION OF AN AGREEMENT >, WITH THE COUNTY OF SAN BERNARDINO FOR THE 3 CANCELLATION OF PROPERTY TAXES ON CERTAIN 0 PARCELS OF REAL PROPERTY, AND CERTAIN RELATED ACTIONS Q E WHEREAS, in or about March 2011 and thereafter, the Redevelopment Agency of the L City of San Bernardino ("RDA") transferred certain parcels of property ("SBEDC Parcels") located in the City of San Bernardino ("City") to the San Bernardino Economic Development c Corporation ("SBEDC"), a California nonprofit corporation affiliated with the RDA, for the purpose of facilitating the redevelopment of the parcels; and c 0 WHEREAS, in or about March 2011 and thereafter, the RDA transferred or caused to 3 be transferred certain parcels of property ("Transferred AHS Parcels") located in the City to Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), another California nonprofit corporation affiliated with the RDA, for the purpose of facilitating the redevelopment of the parcels; and a co WHEREAS, at various times the RDA also provided AHS with funds from the RDA's40 Low- and Moderate-Income Housing Fund ("LMIHF") established pursuant to California Health c and Safety Code section 33334.3, which funds AHS used to acquire parcels of property from third parties (the "LMIHF AHS Parcels"); and x w 0 WHEREAS effective February 1, 2012 the RDA was dissolved pursuant to legislation c enacted by the California Legislature in 2011 and amended and supplemented in 2012 and W thereafter ("Dissolution Laws"), and the assets and affairs of the RDA were transferred to the City as the successor agency to the RDA ("Successor Agency"); and U L WHEREAS, pursuant to the Dissolution Laws, the California State Controller's Office 0- ("SCO") ("SCO") and California Department of Finance ("DOF") reviewed the activities of the RDA prior to its dissolution; and o' U WHEREAS, upon such review, the SCO and/or the DOF asserted that the transfers of the SBEDC Parcels and the Transferred AHS Parcels by the RDA to SBEDC and AHS, and the Q transfer of LMIHF funds from the RDA to AHS for the acquisition of the LMIHF AHS Parcels, were unauthorized under the Dissolution Laws, and said parcels had to be transferred by SBEDC a and AHS to the Successor Agency; and o x w WHEREAS, pursuant to the direction of the Controller and DOF, the SBEDC Parcels, Transferred AHS Parcels, and LMIHF AHS Parcels were transferred by SBEDC and AHS to the Successor Agency beginning in 2014; and a Packet Pg. 448 21.b Resolution No. 2018-289 4- 0 WHEREAS, in May 2012, Neal T. Baker Enterprises, Inc. donated to AHS four parcels c of real property in the City (the `Baker AHS Parcels"), which parcels or the proceeds thereof 12 have been or will be transferred by AHS to the City; and Q WHEREAS, the Transferred AHS Parcels, LMIHF AHS Parcels, and Baker AHS v Parcels are collectively referred to as the "AHS Parcels"; and 0 a c WHEREAS, the County of San Bernardino ("County") assessed property taxes o' ("Taxes") on the SBEDC Parcels and AHS Parcels for the period of time that record legal title to said parcels was in the names of SBEDC and AHS; and WHEREAS, following negotiations involving the City, Successor Agency, County, and E the San Bernardino Assessor-Recorder-County Clerk("Assessor"), those parties in October 2017 2 entered into that certain Mutual Release and Settlement Agreement ("Settlement Agreement"), a designated as County Contract No. 17-831, pursuant to which the County and Assessor agreed to c cancel the Taxes assessed on certain of the SBEDC Parcels during the time that SBEDC held record legal title to said parcels, on specified conditions and without prejudice to consideration of the cancellation of the Taxes on the remaining SBEDC Parcels and the AHS Parcels at a o future date; and 3 0 d WHEREAS, the County and Assessor have now agreed to cancel the Taxes on the O� remaining SBEDC Parcels and the AHS Parcels subject to terms and conditions set forth in a second written agreement ("Agreement") between the City, Successor Agency, County and Assessor, attached to this Resolution as Exhibit"A"; and co 0 r WHEREAS, it is necessary that the execution of the Agreement on behalf of the City be 0 authorized by the Mayor and City Council as governing body of the City. a X 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 0 SAN BERNARDINO AS FOLLOWS: c SECTION 1. The City Manager or designee is hereby authorized to execute the Agreement on behalf of the City, subject to such clerical or other non-material revisions as, in consultation with the City Attorney, may be deemed necessary and appropriate to effectuate the v L intent and purposes of the Agreement, and to take such further actions as may be necessary to 0 accomplish the effectiveness and implementation of the Agreement. c 0 0 SECTION 2. The City Council finds this Resolution is not subject to the California v Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in questions may have a significant effect on the environment, the activity is not subject to CEQA. o x w d a Packet Pg. 449 21.b Resolution No. 2018-289 4- 0 SECTION 4. Severability. If any provision of this Resolution or the application thereof c to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Q SECTION 5. Effective Date. This Resolution shall become effective immediately. U L 0 W APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2018. c U t R. Carey Davis, Mayor City of San Bernardino L Q Attest: 0 as ti c 0 Georgeann Hanna, CMC, City Clerk 3 0 U) d Approved as to form: L a. co 0 r Gary D. Saenz, City Attorney c U) 0 x FT w 0 c 0 d c U L 0 W 0 U d d d L Q 0 W d V Q Packet Pg. 450 21.b Resolution No. 2018-289 4- 0 CERTIFICATION c STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) v L 0 W I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of o' Resolution No. , adopted at a regular meeting held at the day of , 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT E Q d L MARQUEZ a 0 BARRIOS VALDIVIA o W 0 SHORETT NICKEL L RICHARD a co0 r MULVIHILL 0 U) 0 x FT WITNESS my hand and official seal of the City of San Bernardino this day of 0 2018. c a� c Georgeann Hanna, CMC, City Clerk v 0 w a c 0 0 U d d d L Q 0 W d V Q Packet Pg. 451 21.b Resolution No. 2018-289 4- 0 0 0 EXHIBIT A d Mutual Release and Settlement Agreement v L 0 W O U t Q E Q d L Q 0 Q� ti O O Nd N d V L CL CO 0 0 U) Q x 0 w 0 0 0 Q ca U L O W O U d d d L Q W d V Q Packet Pg. 452 21.c 4- 0 r- MUTUAL RELEASE AND SETTLEMENT AGREEMENT c 0 This Mutual Release and Settlement Agreement ("Settlement Agreement") is 0 entered into by and among the City of San Bernardino, a charter city and municipal corporation v 0 w ("City"), the Successor Agency to the Redevelopment Agency of the City of San Bernardino 0 ("Successor Agency"), the County of San Bernardino, a public body, corporate and politic v ("County"), and the San Bernardino Assessor-Recorder-County Clerk ("Assessor"). City, Successor Agency, County and Assessor are sometimes hereafter referred to individually as a E Q as "Party" and collectively as the "Parties". a RECITALS o ti A. WHEREAS, on June 28, 2011, the Governor of the State of California Q signed into law Assembly Bill 26 (AB 1X 26, Chapter 5, Statutes of 2011, First Extraordinary X Session), providing for the elimination of redevelopment agencies ("RDAs"), commencing with 4 a� the fiscal year 2011-12 State budget. a. B. WHEREAS, AB 1X 26 prohibited RDAs from engaging in new business, CO r C established mechanisms and timelines for dissolution of the RDAs, and created RDA successor 0 a� X agencies to oversee the dissolution of the RDAs and redistribution of the RDA assets. FT w 0 C. WHEREAS, the provisions of AB 1X 26 and AB 1484, enacted as cleanup c legislation to AB 1X 26, prohibit the transfer of assets to a city, county, city and county, or any 2 as other public agency after January 1, 2011. v L D. WHEREAS, AB 1X 26 requires the State Controller to review the a c activities of RDAs to determine whether an unauthorized asset transfer has occurred between o' U January 1, 2011 and the date on which the RDA ceases to operate, or January 31, 2012,whichever Q is earlier. E Q P E. WHEREAS, in accordance with the requirements of AB 1X 26, the State a' Q 6 Controller conducted an asset transfer review of transactions among the City of San Bernardino w c a� Mutual Release and Settlement Agreement t Page 1 of 20 Q Packet Pg. 453 21.c 4- 0 r_ Economic Development Agency ("City RDA"), the City, and/or other public agencies and issuedc W 0 its findings in a report, dated March 2013 (the "Report"). 0 F. WHEREAS, among other findings, the State Controller identified the cL 0 w transfer of parcels (the "SBEDC Parcels") from the City RDA to the San Bernardino Economic 0 Development Corporation ("SBEDC") that occurred during the period of January 1, 2011 to v January 31, 2012. G. WHEREAS,upon the transfer of the SBEDC Parcels from the City RDA to d d the SBEDC, the Assessor reclassified the SBEDC Parcels as taxable parcels. a H. WHEREAS, the State Controller determined that the SBEDC is an entity ti under the control of the City and that the RDA made an unallowable transfer to SBEDC, and Q therefore ordered that the SBEDC Parcels be turned over to the Successor Agency. X L WHEREAS, the City/Successor Agency contested the findings and 4 a� determinations made by the State Controller in connection with the asset transfer review, arguing a. in part, that at the time of the transfer, that transaction was allowable, legally authorized, CO r C enforceable, binding and valid. 0 U) ai J. WHEREAS, between December 3 x, 2014 and December 17, 2014, the X w 0 SBEDC complied with the State Controller order and transferred the SBEDC Parcels to the c Successor Agency. as K. WHEREAS, upon notice of the transfer of the SBEDC Parcels to the v L Successor Agency, the Assessor reclassified the SBEDC Parcels as tax exempt. 0 a c L. WHEREAS,between January 1,2011 and January 31,2012,the City RDA o' U transferred, directly or through SBEDC, certain parcels of property (the "Transferred AHS Q Parcels") to Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), a California E as L nonprofit tax-exempt 501(c)(3) corporation acquired by the City RDA in 2009 to assist the City a' Q 6 RDA in its statutory mission under California Health and Safety Code section 33334.2 of w c a� Mutual Release and Settlement Agreement t Page 2 of 20 Q Packet Pg. 454 21.c 4- 0 r_ increasing, improving, and preserving the availability of affordable housing in the City of San c 0 Bernardino. The Transferred AHS Parcels were transferred pursuant to a Housing Capitalization 0 Funding Agreement dated March 3,2011 between the City RDA and AHS. Following the transfer v 0 w of the Transferred AHS Parcels to AHS,the Assessor reclassified the Transferred AHS Parcels as 0 taxable parcels. v M. WHEREAS, the California Department of Finance (the "DOF"), the state agency vested with primary responsibility for implementing the wind-down and dissolution of as as RDAs pursuant to AB 1X 26, objected to the Housing Capitalization Funding Agreement and the a transfer of the Transferred AHS Parcels to AHS, and determined that the Housing Capitalization o ti Funding Agreement was not an enforceable obligation. a N. WHEREAS, the City RDA also provided AHS with funds from the City X RDA's Low and Moderate Income Housing Fund (the "LMIHF") established pursuant to 4 a� California Health and Safety Code section 33334.3, which funds AHS used to acquire parcels of a. property from third parties (the"LMIHF AHS Parcels"), and which parcels the Assessor classified o r C as taxable parcels for the period during which AHS held title to the parcels. 0 U) 0 X O. WHEREAS, the DOF objected to all transfers from the LMIHF to AHS. 9 w 0 P. WHEREAS, in or about February 2016, AHS transferred to the Successor c Agency (1) the Transferred AHS Parcels, with the exception of certain parcels that had been Q acquired by the City RDA with federal funding provided to the City RDA by the City, and(2) the v L LMIHF AHS Parcels. Upon the transfer of the Transferred AHS Parcels and the LMIHF AHS a c Parcels from AHS to the Successor Agency, the Assessor reclassified the parcels as tax exempt. o' U Q. WHEREAS, on May 3, 2012, Neal T. Baker Enterprises, Inc., gifted to d AHS four(4)parcels (the `Baker AHS Parcels"), which parcels the Assessor classified as taxable E P L parcels for the period during which AHS held title to the parcels. These parcels or the proceeds 6 thereof were or will be transferred by AHS to the City. w c a� Mutual Release and Settlement Agreement t Page 3 of 20 Q Packet Pg. 455 21.c 4- 0 r_ R. WHEREAS, the City has elected to serve as the Successor Housing c 0 Agency to the City RDA pursuant to California Health and Safety Code section 34176(a)(1). Said 0 section provides that all housing assets of the City RDA, defined in subdivision (e)(1) of said v 0 w section to include any real property acquired for low- and moderate-income housing purposes, 0 shall be transferred to the City. v S. WHEREAS, consistent with California Health and Safety Code section 34176,certain of the Transferred AHS Parcels and/or the LMIHF AHS Parcels were subsequently E Q 2 transferred by the Successor Agency to the City, acting as Successor Housing Agency. a T. WHEREAS, in addition to the federally-funded parcels referred to in o ti Recital P., AHS directly acquired certain other parcels using federal funding provided to the City Q RDA by the City and provided by the City RDA to AHS,which parcels the Assessor classified as X taxable parcels. Under California law, AHS presumptively acquired all of said federally-funded 4 a� parcels (collectively, the "Federally-Funded AHS Parcels") on behalf of and for the benefit of the a. City, as payor. Accordingly, the Federally-Funded AHS Parcels have been transferred by AHS to 0 r C the City. The Transferred AHS Parcels, the LMIHF AHS Parcels, the Federally-Funded AHS 0 U) 0 X Parcels, and the Baker AHS Parcels are collectively referred to herein as the"AHS Parcels." FT w 0 U. WHEREAS, the Successor Agency and the City have requested that the c County cancel the real property taxes levied by the County on the SBEDC Parcels and the AHS as Parcels that are applicable to the period of time that the SBEDC and AHS held title to such v L properties consistent with the order and determination of the State Controller as delineated in the a c Asset Transfer Review,the objection of DOF to the transfers of assets from the City RDA to AHS, o' U and the provisions of California law relating to the beneficial ownership of property and to taxation d of property owned by charitable organizations. E P V. WHEREAS, pursuant to that certain "Mutual Release and Settlement a' Q 6 Agreement"executed by the Parties on or about October 31,2017, the County agreed to cancel the w c a� Mutual Release and Settlement Agreement t Page 4 of 20 Q Packet Pg. 456 21.c 4- 0 r- real property taxes levied on certain of the SBEDC Parcels,leaving the remaining SBEDC Parcelsc W 0 for future disposition(the"Remaining SBEDC Parcels"). 0 W. WHEREAS, the Parties have been engaged in investigation, analysis and v 0 w discussions to determine the legal, financial and operational consequences of complying with the 0 Successor Agency's and the City's request that the County cancel the real property taxes levied on v the Remaining SBEDC Parcels and the AHS Parcels that are applicable to the period of time that the SBEDC and AHS held title to such properties. E as as X. WHEREAS, the Remaining SBEDC Parcels and the AHS Parcels are listed in Exhibit"A" to this Settlement Agreement. ti Y. WHEREAS, the Parties intend and desire hereby to settle any and all Q disputes between one another which arise out of(i) the initial transfers of the Remaining SBEDC X Parcels and the AHS Parcels(the"Initial Transfers"),(ii)all subsequent transfers of one or more of 4 a� the Remaining SBEDC Parcels or the AHS Parcels (the "Subsequent Transfers"), (iii) the a. classification and reclassification by the Assessor of one or more of the Remaining SBEDC o r C Parcels or the AHS Parcels (the "Classifications"), and (iv) any and all actions taken by the 0 X Assessor and the County in connection with or relating to one or more of the Remaining SBEDC FT w 0 Parcels or the AHS Parcels from January 1, 2011 through and including the date of full execution c of this Settlement Agreement (the "County Actions"), and to accomplish hereby a full and final 2 as settlement between the Parties of all claims which arise out of the Initial Transfers,the Subsequent v L Transfers,the Classifications and the County Actions. Hereinafter all disputes between the Parties a c which arise out of the Initial Transfers, the Subsequent Transfers, the Classifications and the o' U County Actions shall be referred to as the "Released Claims." as NOW, THEREFORE, in consideration of the terms, covenants, promises, d L representations, and conditions contained herein, and for other good and valuable consideration, a 6 x LU c a� Mutual Release and Settlement Agreement t Page 5 of 20 Q Packet Pg. 457 21.c 4- 0 r_ the receipt, sufficiency, and adequacy of which are hereby acknowledged by each of the Parties, c 0 the Parties, and each of them,hereby represent and agree as follows: 0 1. The Recitals set forth above are true and correct and are incorporated herein v L 0 W by this reference. W 0 2. It is agreed and understood that nothing contained herein shall be deemed as v an admission of any liability on the part of any of the Parties with respect to the matters described Q in this Agreement. E Q 2 3. CANCELLATION OF PROPERTY TAX ASSESSMENTS a� Q 3.1. Within thirty (30) business days of the date on which this o ti Agreement is fully executed, which is the last date on which this Agreement is signed by all Q Parties, the Assessor shall cancel the real property assessments enrolled by the County on the X parcels set forth on Exhibit"A," attached hereto and made a part hereof by this reference,that are 4 a� applicable to the period of time during which the SBEDC or AHS held title to such properties as a. gifted and consistent with the order and determination of the State Controller as delineated in the o r C Asset Transfer Review,the objection of DOF to the transfers of assets from the City RDA to AHS, 0 U) ai X and the provisions of California law relating to the beneficial ownership of property,recited above. 9 w 0 3.2. The Parties acknowledge and agree that as to approximately 22 of c the parcels set forth on Exhibit "A," the County issued supplemental refunds based on transfers 2 as that occurred to AHS, because the re-assessed value of the parcels after the transfers was lower v L than the assessed value prior to the transfers. The refunds were claimed, but the City RDA also 0 a c paid annual tax bills on the parcels. When the County changes the status of the parcels to o' U non-taxable and cancels the re-assessment in accordance with this Settlement Agreement, the as County will be required to process corrections to cancel the re-assessments. The Parties E P L acknowledge and agree that bills will be created for the original refunds and new refunds will be Q 6 issued for the annual tax bills that were previously paid as to the parcels. w c a� Mutual Release and Settlement Agreement t Page 6 of 20 Q Packet Pg. 458 21.c 4- 0 r- 4. Notwithstanding the foregoing, the Assessor shall enroll a possessoryc W 0 interest("PP')assessment for each of the relevant years for any parcel set forth on Exhibit"A"that 0 the Assessor determines is or should have been subject to such PI assessment but for the acts of the v L 0 W Parties described herein. Within thirty (30) calendar days of the date on which this Settlementa 0 Agreement is fully executed, City and Successor Agency and each of them shall deliver to the v Assessor any and all records, documents or other evidence of a possessory interest in any one or more of the parcels set forth in Exhibit "A" hereto and any supplemental information as may be as as requested by the Assessor. The PI assessments will be assessed to the party who holds or held the a interest in the applicable parcel. Notwithstanding the foregoing, City shall pay or cause to be paid o ti to the Tax Collector any PI assessments due and owing within fifteen(15)business days of written Q notification of the enrollment of such PI assessments for one or more of the parcels set forth in X Exhibit"A"hereto. 4 a� 5. CITY RELEASES a. 5.1. City, on behalf of itself and each of its elected and appointed CO r C officials, officers, directors, agents, employees, servants, successors, executors, administrators, 0 U) 0 attorneys,heirs, trustees,trustors,departments,divisions,agencies,affiliated entities,subsidiaries, FT w 0 beneficiaries and assigns, if any, hereby forever releases, acquits, and discharges the County and c the Assessor (collectively, the "County Parties"), and each of their past and present elected and as appointed officials, directors, officers, agents, employees, servants, successors, executors, v L attorneys,heirs,trustees,trustors,departments,divisions,agencies,affiliated entities,subsidiaries, 0 a c beneficiaries and assigns, if any, from any and all claims, demands, actions, defenses, liabilities, o' U obligations, and indebtedness,with respect to any and all breaches of contract,breaches of duty or as any relationship, acts, omissions, misfeasances, malfeasances, causes or causes of action, debts, E P L sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, Q 6 losses and expenses, of every type, kind, nature, description or character whatsoever, whether in w c a� Mutual Release and Settlement Agreement t Page 7 of 20 Q Packet Pg. 459 21.c 4- 0 r- law or in equity,whether contractual, common law, statutory, federal, state, or otherwise,whether c 0 known or unknown,whether suspected to exist or not,whether liquidated or unliquidated, each as 0 though fully set forth herein at length, which City has ever had, or hereafter may have or claim to v 0 w have,by reason of, arising out of, or connected with or related to any acts, omissions, transactions, 0 or occurrences arising out of the Released Claims. v 5.2. City acknowledges, represents, and warrants that there may be claims arising out of the Released Claims by reason of acts, omissions, transactions or E Q 2 occurrences, against the County Parties, as well as against the past and present employees, a servants, successors, attorneys, and assigns, if any, of the County Parties of which, at the time this o ti Settlement Agreement is executed, it has no knowledge or suspicion. City hereby agrees and Q represents that this Settlement Agreement is specifically intended to, and does, extend to any and X all such claims, whether or not known, claimed, or suspected by it. Therefore, City, on behalf of 4 a� itself, as well as on behalf of each of its officers,directors,agents,employees,servants, successors, a. executors, administrators, attorneys, heirs, trustees, trustors, parent corporations, subsidiaries, o r C beneficiaries and assigns, if any, hereby expressly waives the benefits of Section 1542 of the 0 U) ai X California Civil Code which provides: FT w 0 0 "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL 2 d RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE v L CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN a c HIS OR HER FAVOR AT THE TIME OF EXECUTING THE o' U RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE d MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH d L THE DEBTOR." a 6 x w c a� Mutual Release and Settlement Agreement t Page 8 of 20 Q Packet Pg. 460 21.c 4- 0 r- 5.3. City hereby acknowledges, represents, and warrants, to the County c 0 Parties as follows: 0 5.3.1. The person signing this Settlement Agreement as or on v L 0 W behalf of City understands the meaning and effect of Section 1542 of the California Civil Code seta 0 0 forth above. v 5.3.2. WITH REGARD TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, CITY AGREES TO ASSUME THE RISK OF ANY AND ALL d d UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES a OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND OBLIGATIONS WHICH o ti ARE RELEASED BY THE RELEASES CONTAINED IN THIS SECTION 5 (THE "CITY RELEASES") IN FAVOR OF THE COUNTY PARTIES AND CITY HEREBY WAIVES AND 9 x RELEASES ALL RIGHTS AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE UNDER N a� THE AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH a. REGARD TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR o r C MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, ai x LIABILITIES, INDEBTEDNESS AND OBLIGATIONS. FT w 0 5.3.3. EACH PERSON SIGNING THIS SETTLEMENT c AGREEMENT AS OR ON BEHALF OF CITY HAS READ THE FOREGOING RELEASES. 2 d SAID PERSON FULLY UNDERSTANDS THAT THE CITY RELEASES HAVE v L IMPORTANT LEGAL CONSEQUENCES. SAID PERSON REALIZES HE OR SHE IS a c RELEASING ANY AND ALL CLAIMS THAT THE CITY HAS AS SET FORTH ABOVE. o' U CITY HAS HAD A LAWYER'S ADVICE CONCERNING THE LEGAL CONSEQUENCES OF d THE CITY RELEASES. THE PERSON SIGNING AS OR ON BEHALF OF CITY d L WARRANTS AND REPRESENTS THAT HE OR SHE IS AUTHORIZED TO MAKE THE a 6 FOREGOING RELEASES IN THE REPRESENTATIVE CAPACITY INDICATED, IF ANY. w c a� Mutual Release and Settlement Agreement t Page 9 of 20 Q Packet Pg. 461 21.c 4- 0 r- 5.3.4. The City Releases set forth in this Section 5 shall not be c 0 construed to be and do not constitute an admission of any liability on the part of City. Said City 0 Releases shall constitute an absolute bar to any claim of any kind,whether any such claim is based v L 0 W on contract, tort,warranty,mistake or any other theory,whether legal, statutory or equitable. City 0 specifically agrees that any attempt to assert a claim barred by said City Releases shall subject the v party asserting said claim to the provisions of applicable law setting forth the remedies for the bringing of groundless, frivolous, or baseless claims or causes of action. E Q d 5.4. The City Releases set forth in this Section 5 shall inure to the benefit a of the past and present elected and appointed officials, directors, officers, agents, employees, o ti servants, successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, Q agencies, affiliated entities, subsidiaries,beneficiaries and assigns, if any, of the County Parties. 9 X 6. SUCCESSOR AGENCY RELEASES 4 a� 6.1. Successor Agency,on behalf of itself,as well as on behalf of each of a. its elected and appointed officials, directors, officers, agents, employees, servants, successors, o r C executors, attorneys, heirs, trustees, trustors, departments, divisions, agencies, affiliated entities, 0 U) ai X subsidiaries,beneficiaries and assigns, if any, hereby forever releases, acquits, and discharges the FT w 0 County Parties, as well as each of their past and present elected and appointed officials, directors, c officers, agents, employees, servants successors executors attorneys, heirs trustees trustors gs Y > Q departments, divisions, agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, v L from any and all claims,demands,actions,defenses,liabilities, obligations,and indebtedness,with 0 a c respect to any and all breaches of contract, breaches of duty or any relationship, acts, omissions, o' U misfeasances, malfeasances, causes or causes of action, debts, sums of money, accounts, Q compensation, contracts, controversies, promises, damages, costs, losses and expenses, of every E P L type, kind, nature, description or character whatsoever, whether in law or in equity, whether Q 6 contractual, common law, statutory, federal, state, or otherwise, whether known or unknown, _ W c a� Mutual Release and Settlement Agreement t Page 10 of 20 Q Packet Pg. 462 21.c 4- 0 r- whether suspected to exist or not,whether liquidated or unliquidated, each as though fully set forth c 0 herein at length,which Successor Agency has ever had, or hereafter may have or claim to have,by 0 reason of, arising out of, or connected with or related to any acts, omissions, transactions, or v 0 w occurrences arising out of the Released Claims. 0 6.2. Successor Agency acknowledges, represents, and warrants that ° U t there may be claims arising out of the Released Claims by reason of acts, omissions, transactions or occurrences, against the County Parties, as well as against the past and present employees, E Q 2 servants, successors, attorneys, and assigns, if any, of the County Parties of which, at the time this a Settlement Agreement is executed, it has no knowledge or suspicion. Successor Agency hereby o ti agrees and represents that this Settlement Agreement is specifically intended to, and does, extend Q to any and all such claims, whether or not known, claimed, or suspected by it. Therefore, X Successor Agency, on behalf of itself, as well as on behalf of each of its officers, directors, agents 4 a� employees, servants successors executors administrators attorneys, heirs trustees trustors a. parent corporations, subsidiaries, beneficiaries and assigns, if any, hereby expressly waives the o r C benefits of Section 1542 of the California Civil Code which provides: ° U) ai X FT w 0 "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL r- 0 RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 2 d CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN v L HIS OR HER FAVOR AT THE TIME OF EXECUTING THE a c RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE o' U MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH d THE DEBTOR." E d d L Q 0 W d Mutual Release and Settlement Agreement t Page 11 of 20 Q Packet Pg. 463 21.c 4- 0 r- 6.3. Successor Agency hereby acknowledges, represents, and warrants, c ° to the County Parties as follows: ° 6.3.1. The person signing this Settlement Agreement as or on U L ° W behalf of Sucessor Agency understands the meaning and effect of Section 1542 of the California ° Civil Code set forth above. ° U t 6.3.2. WITH REGARD TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, SUCCESSOR AGENCY AGREES TO ASSUME THE RISK OF d d ANY AND ALL UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, a CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND o ti OBLIGATIONS WHICH ARE RELEASED BY THE RELEASES CONTAINED IN THIS SECTION 6 (THE "SUCCESSOR AGENCY RELEASES") IN FAVOR OF THE COUNTY 9 x PARTIES AND SUCCESSOR AGENCY HEREBY WAIVES AND RELEASES ALL RIGHTS N a� AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE UNDER THE a. AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH REGARD o r C TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD a� x DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, FT w ° INDEBTEDNESS AND OBLIGATIONS. c 6.3.3. EACH PERSON SIGNING THIS SETTLEMENT 2 d AGREEMENT AS OR ON BEHALF OF SUCCESSOR AGENCY HAS READ THE v L FOREGOING SUCCESSOR AGENCY RELEASES. SAID PERSON FULLY a c UNDERSTANDS THAT THE RELEASES HAVE IMPORTANT LEGAL CONSEQUENCES. o' U SAID PERSON REALIZES HE OR SHE IS RELEASING ANY AND ALL CLAIMS THAT d THE SUCCESSOR AGENCY HAS AS SET FORTH ABOVE. SUCCESSOR AGENCY HAS d L HAD A LAWYER'S ADVICE CONCERNING THE LEGAL CONSEQUENCES OF THE a 6 SUCCESSOR AGENCY RELEASES. THE PERSON SIGNING AS OR ON BEHALF OF = w c a� Mutual Release and Settlement Agreement t Page 12 of 20 Q Packet Pg. 464 21.c 4- 0 r- SUCCESSOR AGENCY WARRANTS AND REPRESENTS THAT HE OR SHE IS c 0 AUTHORIZED TO MAKE THE FOREGOING SUCCESSOR AGENCY RELEASES IN THE 0 REPRESENTATIVE CAPACITY INDICATED, IF ANY. v 0 w 6.3.4. The Successor Agency Releases set forth in this Section 6a 0 shall not be construed to be and do not constitute an admission of any liability on the part of v Successor Agency. Said Successor Agency Releases shall constitute an absolute bar to any claim of any kind, whether any such claim is based on contract, tort, warranty, mistake or any other E Q d theory, whether legal, statutory or equitable. Successor Agency specifically agrees that any a attempt to assert a claim barred by said Successor Agency Releases shall subject the party o ti asserting said claim to the provisions of applicable law setting forth the remedies for the bringing Q of groundless, frivolous, or baseless claims or causes of action. X 6.4. The Successor Agency Releases set forth in this Section 6 shall 4 a� inure to the benefit of the past and present elected and appointed officials, directors, officers, a. agents, employees, servants, successors, executors, attorneys, heirs, trustees, trustors, o r C departments, divisions, agencies, affiliated entities, subsidiaries,beneficiaries and assigns, if any, 0 0 of the County Parties. FT w 0 7. COUNTY PARTIES RELEASES c 7.1. The County Parties, on behalf of themselves, as well as on behalf of Q each of their respective elected and appointed officials, directors, officers, agents, employees, v L servants, successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, 0 a c agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, hereby forever release, o' U acquit, and discharge City, City RDA, Successor Agency, SBEDC, and AHS (collectively, the d "City Parties"), as well as each of the past and present elected and appointed officials, directors, as L officers, agents, employees, servants, successors, executors, attorneys, heirs, trustees, trustors, Q 6 departments, divisions, agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, _ LU c a� Mutual Release and Settlement Agreement t Page 13 of 20 Q Packet Pg. 465 21.c 4- 0 r- of each of the City Parties from any and all claims, demands, actions, defenses, liabilities, c W 0 obligations, and indebtedness,with respect to any and all breaches of contract,breaches of duty or 0 any relationship, acts, omissions, misfeasances, malfeasances, causes or causes of action, debts, v 0 w sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, 0 losses and expenses, of every type, kind, nature, description or character, whatsoever, whether in v law or in equity,whether contractual, common law, statutory, federal, state, or otherwise,whether known or unknown,whether suspected to exist or not, whether liquidated or unliquidated, each as E Q 2 though fully set forth herein at length, which the County Parties have ever had, or hereafter may a have or claim arising out of the Released Claims. o ti 7.2. The County Parties acknowledge, represent, and warrant that they Q may have claims arising out of the Released Claims by reason of acts, omissions, transactions or X occurrences, against the City Parties, as well as against the past and present directors, officers, 4 a� employees, servants successors attorneys, trustees trustors beneficiaries insurers and assigns, a. parent corporations or subsidiaries,if any,of each of the City Parties,respectively,of which, at the o r C time this Settlement Agreement is executed, the County Parties have no knowledge or suspicion. 0 U) ai X The County Parties hereby agree and represent that this Settlement Agreement is specifically FT w 0 intended to, and does, extend to any and all such claims, whether or not known, claimed, or c suspected by any of them. Therefore, the County Parties on behalf of themselves, as well as on 2 Q behalf of their respective directors, officers, agents, employees, servants, trustees, trustors, v L successors, attorneys, and assigns, if any, hereby expressly waive the benefits of Section 1542 of a c the California Civil Code which provides: o' U Q "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL E d d L RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE a 6 CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR = LU c a� Mutual Release and Settlement Agreement t Page 14 of 20 Q Packet Pg. 466 21.c 4- 0 r- HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH 0 IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY 0 AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." v 0 w a 0 7.3. The County Parties hereby acknowledge,represent, and warrant, to ° U t the City Parties, as follows: 7.3.1. The persons signing this Settlement Agreement as or on d d behalf of the County Parties understand the meaning and effect of Section 1542 of the California Civil Code set forth above. o ti 7.3.2. WITH REGARD TO SECTION 1542 OF THE Q CALIFORNIA CIVIL CODE THE COUNTY PARTIES AGREE TO ASSUME THE RISK OF 9 x ANY AND ALL UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, N a� CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND a. OBLIGATIONS WHICH ARE RELEASED BY THE RELEASES CONTAINED IN THIS o r C SECTION 7 (THE "COUNTY PARTIES RELEASES") IN FAVOR OF THE CITY PARTIES, ai x AND THE COUNTY PARTIES HEREBY WAIVE AND RELEASE ALL RIGHTS AND FT w 0 BENEFITS WHICH THEY AND EACH OF THEM MIGHT OTHERWISE HAVE UNDER c THE AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH 2 d REGARD TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR v L MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, a c LIABILITIES, INDEBTEDNESS AND OBLIGATIONS. o' U 7.3.3. EACH PERSON SIGNING THIS SETTLEMENT d AGREEMENT AS OR ON BEHALF OF THE COUNTY PARTIES HAS READ THE d L FOREGOING COUNTY PARTIES RELEASES. SAID PERSONS FULLY UNDERSTAND a 6 THAT THE COUNTY PARTIES RELEASES HAVE IMPORTANT LEGAL = LU c a� Mutual Release and Settlement Agreement t Page 15 of 20 Q Packet Pg. 467 21.c 4- 0 r- CONSEQUENCES. SAID PERSONS REALIZE THEY ARE RELEASING ANY AND ALL c 0 CLAIMS THAT THE COUNTY PARTIES HAVE AS SET FORTH ABOVE. THE COUNTY 0 PARTIES HAVE HAD A LAWYER'S ADVICE CONCERNING THE LEGAL v 0 w CONSEQUENCES OF THE COUNTY PARTIES RELEASES. EACH OF THE PERSONS 0 SIGNING AS OR ON BEHALF OF THE COUNTY PARTIES WARRANTS AND v REPRESENTS THAT HE OR SHE IS AUTHORIZED TO MAKE THE FOREGOING COUNTY PARTIES RELEASES IN THE REPRESENTATIVE CAPACITY INDICATED, IF d d ANY. a, 7.3.4. The County Parties Releases set forth in this Section 7 shall o ti constitute an absolute bar to any claim of any kind, whether any such claim is based on contract, tort, warranty, mistake or any other theory, whether legal, statutory or equitable. The County X Parties specifically agree that any attempt to assert a claim barred by said County Parties Releases 4 a� shall subject the County Parties to the provisions of applicable law setting forth the remedies for a. the bringing of groundless, frivolous, or baseless claims or causes of action. o r C 7.4. The County Parties Releases set forth in this Section 7 shall inure to 0 U) ai X the benefit of the elected and appointed officials, directors, officers, agents, employees, servants, w 0 successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, agencies, c affiliated entities, subsidiaries,beneficiaries and assigns, of the City Parties. Q 8. INDEMNIFICATION v L Successor Agency and City and each of them agree to indemnify, defend 0 a c (with counsel reasonably approved by the County Parties) and hold harmless the County Parties o' U and each of their respective authorized officers,employees,agents and volunteers from any and all Q claims, actions, losses, damages, and/or liability arising out of the performance of this Settlement E P L Agreement from any cause whatsoever, including the acts, errors or omissions of any person and 6 for any costs or expenses incurred by the County Parties on account of any claim except where w c a� Mutual Release and Settlement Agreement t Page 16 of 20 Q Packet Pg. 468 21.c 4- 0 r- such indemnification is prohibited by law. This indemnification provision shall apply regardless c 0 of the existence or degree of fault of the indemnitees. Each of the City's and the Successor 0 Agency's indemnification obligations apply to the County Parties' "active" as well as "passive" v L 0 W negligence but do not apply to the County Parties' "sole negligence" or "willful misconduct" a 0 within the meaning of Civil Code Section 2782. v 9. GENERAL TERMS 9.1. Pursuant to Evidence Code Section 1123, this Settlement E Q 2 Agreement is enforceable,binding, admissible in a court of law,and may be disclosed by any party Q hereto. c o� ti 9.2. Each individual executing this document on behalf of a party hereto Q hereby warrants and represents that he or she has been duly authorized to do so. X 9.3. This Settlement Agreement, and all documents executed by the 4 a� Parties, either concurrently herewith or subsequent hereto as provided for herein, shall represent a. the entire understanding and agreement among the Parties, and the same may not be altered or CO r C amended except by a subsequent written agreement executed by all of the Parties, or their 0 U) ai X respective successors, executors or administrators. The Parties acknowledge and agree that no FT w 0 representations,express or implied,have been made or relied upon in executing and agreeing to be c bound by this Settlement Agreement, except as specifically set forth herein. 2 Q 9.4. This Settlement Agreement and all documents and instruments v L required hereunder shall be governed by and construed in accordance with the laws of the State of a c California. o' U 9.5. The terms, covenants, promises, conditions and representations Q contained in this Settlement Agreement shall inure to and be binding upon the successors and E P L assigns of all of the Parties and each of them. Except as otherwise expressly provided for herein, Q 6 this Settlement Agreement is not intended to be for the benefit of any person other than the Parties. w c a� Mutual Release and Settlement Agreement E Page 17 of 20 Q Packet Pg. 469 21.c 4- 0 C 9.6. If any provision of this Settlement Agreement shall be held c 0 prohibited by or invalidated under applicable law, such provision shall be ineffective only to the C 0 extent of such prohibition or invalidity,without invalidating or rendering ineffective the remainder v L 0 W of such provision, or any other provision of this Settlement Agreement. C 0 9.7. Time is of the essence with respect to the performance of each and v every term, covenant, promise and condition contained herein. 9.8. If legal action shall be instituted to enforce any of the provisions of E Q 2 this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys' a fees incurred thereby. o ti 9.9. Each of the Parties hereby acknowledges the receipt of advice of Q legal counsel regarding this Settlement Agreement prior to executing it. X 9.10. This Settlement Agreement supersedes any and all prior and N a� contemporaneous agreements between or among any of the Parties with respect to the subject a. matter of this Settlement Agreement. CO r C 9.11. The execution, delivery, or performance of this Settlement 0 U) ai Agreement and any documents provided for hereunder are not in contravention of nor in conflict FT w 0 with any agreement by which the Parties, or any of them, are legally bound. c 9.12. In construing the terms of this Settlement Agreement, the singular 2 Q shall include the plural, and the plural shall include the singular. v L 9.13. The Parties agree to execute all documents and take all actions to a C fulfill the purposes of this Settlement Agreement. o' U 9.14. This Settlement Agreement may be executed in counter-part and the Q signature pages combined to form one document which is binding on all of the Parties. Facsimiles E P of the signatures of the Parties are deemed to be binding and the Parties will send the originals of Q 6 x w C 4) Mutual Release and Settlement Agreement t Page 18 of 20 Q Packet Pg. 470 21.c 4- 0 r- their signatures on this Settlement Agreement to the Office of County Counsel with respect to the c 0 County Parties and to the Office of City Attorney with respect to the City Parties. U L 0 W [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0 U t d d d L Q O Q� ti Q x U4 vi d L a 00 0 0 d x 0 w 0 0 0 d 0 U L 0 W 0 U d d d L Q W Q Mutual Release and Settlement Agreement E Page 19 of 20 Q Packet Pg. 471 21.c w IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their r- respective authorized officers. W d CITY OF SAN BERNARDINO A California Charter City and Municipal Corporation v L 0 W Dated: By: c Andrea M. Miller, City Manager v ATTEST: as as as By: a Georgeann"Gigi" Hanna, City Clerk 0 os ti APPROVED AS TO FORM: Gary D. Saenz, City Attorney Q sz X By: N a� L a. SUCCESSOR AGENCY TO THE REDEVELOPMENT o AGENCY OF THE CITY OF SAN BERNARDINO 0 d X By: FT Dated: Andrea M. Miller, Executive Director o 0 ATTEST: as U By: c Georgeann"Gigi" Hanna, City Clerk c APPROVED AS TO FORM: 0 Gary D. Saenz, City Attorney d E By: L Q 0 x LU c a� Mutual Release and Settlement Agreement t Page 20 of 20 Q Packet Pg. 472 21.d EXHIBIT "A" L 0 w CITY PARCELS (Identified by assessor Parcel Numbers) 0 Q 0134014240000 0134291110000 0147224200000 E Q 0134014250000 0134301220000 0147224240000 0134014260000 0139172360000 0147224250000 0134014270000 0140012110000 0147224280000 0 0134021260000 0140033220000 0154125070000 0134021270000 0140041290000 0154126010000 0134021280000 0140134060000 0154126020000 E a� 0134021290000 0140143380000 0154126300000 Q 0 0134053200000 0140171160000 0155451100000 Q 0134053210000 0140192200000 0268394100000 0134053220000 0140222260000 1191031180000 0134053230000 0140282050000 1191031190000 w 0134053250000 0140282710000 1191031230000 d 0134053260000 0140282730000 1191031240000 0134054070000 0140282740000 1191031250000 a 00 0134054080000 0142522080000 1191031270000 0134054090000 0142522090000 1191031290000 c 0134054240000 0142522110000 1191051240000 d 0134054250000 0142522120000 1191051380000 x 0134054260000 0142522130000 1191051420000 4- 0 0134061210000 0142522140000 1191051440000 c 0134061220000 0142522150000 1191051450000 0134061250000 0142522160000 1191051480000 d 0134061300000 0142522170000 1191051530000 0 0134093050000 0142522250000 1191051540000 v L 0134093060000 0142522350000 1191051550000 0 0134101020000 0142522360000 1191051590000 0134101030000 0142522370000 1191051600000 c 0134101040000 0142522380000 1191051610000 V 0134101050000 0142522410000 1191051660000 0134101060000 0142522420000 Q 0134101280000 0143191740000 d 0134181280000 0143191750000 a� 0134211340000 0145171110000 q 0 0134211380000 0146031040000 z LU 0134221450000 0146045140000 0134231270000 0146053270000 Q 0134231280000 0146072020000 0134231290000 0147224110000 Packet Pg. 473 21.e Resolution No. 2018-291 c 0 RESOLUTION NO. 2018-291 a, c RESOLUTION OF THE MAYOR AND CITY COUNCIL OF v L THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE c REDEVELOPMENT AGENCY OF THE CITY OF SAN o' BERNARDINO, AUTHORIZING THE EXECUTION OF AN v AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE CANCELLATION OF PROPERTY TAXES ON CERTAIN PARCELS OF REAL PROPERTY,AND CERTAIN RELATED ACTIONS L WHEREAS, in or about March 2011 and thereafter, the Redevelopment Agency of theCD City of San Bernardino ("RDA") transferred certain parcels of property ("SBEDC Parcels") located in the City of San Bernardino ("City") to the San Bernardino Economic Development c Corporation ("SBEDC"), a California nonprofit corporation affiliated with the RDA, for the 3 purpose of facilitating the redevelopment of the parcels; and o a� WHEREAS, in or about March 2011 and thereafter, the RDA transferred or caused to be transferred certain parcels of property ("Transferred AHS Parcels") located in the City to co 6 Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), another California nonprofit corporation affiliated with the RDA, for the purpose of facilitating the redevelopment of the a parcels; and co 0 r WHEREAS, at various times the RDA also provided AHS with funds from the RDA's o Low- and Moderate-Income Housing Fund ("LMIHF") established pursuant to California Health x and Safety Code section 33334.3, which funds AHS used to acquire parcels of property from x third parties (the "LMIHF AHS Parcels"); and 0 c 0 WHEREAS, effective February 1, 2012 the RDA was dissolved pursuant to legislation enacted by the California Legislature in 2011 and amended and supplemented in 2012 and thereafter ("Dissolution Laws"), and the assets and affairs of the RDA were transferred to the City as the successor agency to the RDA ("Successor Agency"); and v 0 w WHEREAS, pursuant to the Dissolution Laws, the California State Controller's Office ("SCO") and California Department of Finance ("DOF") reviewed the activities of the RDA 0 prior to its dissolution; and WHEREAS, upon such review, the SCO and/or the DOF asserted that the transfers of the SBEDC Parcels and the Transferred AHS Parcels by the RDA to SBEDC and AHS, and the L transfer of LMIHF funds from the RDA to AHS for the acquisition of the LMIHF AHS Parcels, a were unauthorized under the Dissolution Laws, and said parcels had to be transferred by SBEDC and AHS to the Successor Agency; and w as E 1 a Packet Pg. 474 21.e Resolution No. 2018-291 c 0 WHEREAS, pursuant to the direction of the Controller and DOF, the SBEDC Parcels, c Transferred AHS Parcels, and LMIHF AHS Parcels were transferred by SBEDC and AHS to the Successor Agency beginning in 2014; and WHEREAS, in May 2012, Neal T. Baker Enterprises, Inc. donated to AHS four parcels c of real property in the City (the `Baker AHS Parcels"), which parcels or the proceeds thereof have been or will be transferred by AHS to the City; and 3 0 WHEREAS, the Transferred AHS Parcels, LMIHF AHS Parcels, and Baker AHS Parcels are collectively referred to as the "AHS Parcels"; and as WHEREAS, the County of San Bernardino ("County") assessed property taxes d ("Taxes") on the SBEDC Parcels and AHS Parcels for the period of time that record legal title to 2 said parcels was in the names of SBEDC and AHS; and 0 WHEREAS, following negotiations involving the City, Successor Agency, County, and the San Bernardino Assessor-Recorder-County Clerk("Assessor"), those parties in October 2017 c entered into that certain Mutual Release and Settlement Agreement ("Settlement Agreement") 0 designated as County Contract No. 17-831, pursuant to which the County and Assessor agreed to c cancel the Taxes assessed on certain of the SBEDC Parcels during the time that SBEDC held record legal title to said parcels, on specified conditions and without prejudice to consideration of the cancellation of the Taxes on the remaining SBEDC Parcels and the AHS Parcels at a co future date; and a� L WHEREAS, the County and Assessor have now agreed to cancel the Taxes on the a. remaining SBEDC Parcels and the AHS Parcels subject to terms and conditions set forth in a c second written agreement ("Agreement") between the City, Successor Agency, County and c Assessor, attached to this Resolution as Exhibit"A"; and X WHEREAS, it is necessary that the execution of the Agreement on behalf of the c Successor Agency be authorized by the Mayor and City Council acting as the Successor Agency. 0 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c U SECTION 1. The City Manager or designee is hereby authorized to execute the 0 Agreement on behalf of the City of San Bernardino as Successor Agency to the Redevelopmenta Agency of the City of San Bernardino, subject to such clerical or other non-material revisions as, c in consultation with the City Attorney, may be deemed necessary and appropriate to effectuate U the intent and purposes of the Agreement, and to take such further actions as may be necessary to accomplish the effectiveness and implementation of the Agreement. as SECTION 2. The City Council finds this Resolution is not subject to the California a, Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA q 0 applies only to projects which have the potential for causing a significant effect on the w environment. Where it can be seen with certainty, as in this case, that there is no possibility that Q E 2 a Packet Pg. 475 21.e Resolution No. 2018-291 c 0 the activity in question may have a significant effect on the environment, the activity is not c subject to CEQA. SECTION 3. Severability. If any provision of this Resolution or the application thereof v to any person or circumstance is held invalid, such invalidity shall not affect other provisions or c applications, and to this end the provisions of this Resolution are declared to be severable. c SECTION 4. Effective Date. This Resolution shall become effective immediately. v APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2018. as E as as L Q R. Carey Davis,Mayor 0 City of San Bernardino Attest: c 0 U) d Georgeann Hanna, CMC, City Clerk co vi a� L Approved as to form: a. co 0 r C O N Gary D. Saenz, City Attorney x FT w O c 0 d c U L O W O U d d d L Q 0 W d V 3 a Packet Pg. 476 21.e Resolution No. 2018-291 c 0 CERTIFICATION c a� STATE OF CALIFORNIA) c COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) c 0 a c 0 I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. , adopted at a regular meeting held at the day of , 2018 by the following vote: E d Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ c ti BARRIOS c 0 VALDIVIA ' 0 U) d SHORETT NICKEL a� L RICHARD a. co 0 r MULVIHILL c U) 0 x WITNESS my hand and official seal of the City of San Bernardino this day of ~ 2018. 0 d c Georgeann Hanna, CMC, City Clerk v L 0 W 0 U d d d L Q 0 W d V 4 a Packet Pg. 477 21.e Resolution No. 2018-291 0 Exhibit A w Q Mutual Release and Settlement Agreement v L 0 W 0 U t Q E Q d L Q 0 Q� ti O 0 U) Nd N Q CO Q 0 L cc CL CO 0 0 U) Q X FT w 0 0 Q U L 0 W 0 U Q E Q d L Q 6 W Q E V 5 a Packet Pg. 478 21.f L 0 W MUTUAL RELEASE AND SETTLEMENT AGREEMENT c This Mutual Release and Settlement Agreement ("Settlement Agreement") is v entered into by and among the City of San Bernardino, a charter city and municipal corporation ("City"), the Successor Agency to the Redevelopment Agency of the City of San Bernardino E d d ("Successor Agency"), the County of San Bernardino, a public body, corporate and politic CO ("County"), and the San Bernardino Assessor-Recorder-County Clerk ("Assessor"). City o ti Successor Agency, County and Assessor are sometimes hereafter referred to individually as a c 0 "Party" and collectively as the "Parties". 3 0 U) RECITALS Q A. WHEREAS, on June 28, 2011, the Governor of the State of California vq Q signed into law Assembly Bill 26 (AB 1X 26, Chapter 5, Statutes of 2011, First Extraordinary X Session), providing for the elimination of redevelopment agencies ("RDAs"), commencing with 4 a� the fiscal year 2011-12 State budget. a. CO B. WHEREAS, AB 1X 26 prohibited RDAs from engaging in new business, c established mechanisms and timelines for dissolution of the RDAs, and created RDA successor a� X agencies to oversee the dissolution of the RDAs and redistribution of the RDA assets. FT w 0 C. WHEREAS, the provisions of AB 1X 26 and AB 1484, enacted as cleanup c legislation to AB 1X 26 prohibit the transfer of assets to a cit county, city and count or an g� � p Y� ty� ty Y� Y c other public agency after January 1, 2011. U L D. WHEREAS, AB 1X 26 requires the State Controller to review the a c activities of RDAs to determine whether an unauthorized asset transfer has occurred between o' U January 1, 2011 and the date on which the RDA ceases to operate, or January 31, 2012,whichever c a� is earlier. E a� L E. WHEREAS, in accordance with the requirements of AB 1X 26, the State Q 6 Controller conducted an asset transfer review of transactions among the City of San Bernardino w c a� Mutual Release and Settlement Agreement Page 1 of 20 Q Packet Pg. 479 21.f L 0 W Economic Development Agency ("City RDA"), the City, and/or other public agencies and issued ' c its findings in a report, dated March 2013 (the "Report"). v F. WHEREAS, among other findings, the State Controller identified the transfer of parcels (the "SBEDC Parcels") from the City RDA to the San Bernardino Economic as as Development Corporation ("SBEDC") that occurred during the period of January 1, 2011 to a January 31, 2012. c ti G. WHEREAS,upon the transfer of the SBEDC Parcels from the City RDA to c 0 the SBEDC, the Assessor reclassified the SBEDC Parcels as taxable parcels. 3 0 H. WHEREAS, the State Controller determined that the SBEDC is an entity Q under the control of the City and that the RDA made an unallowable transfer to SBEDC, and Cq Q therefore ordered that the SBEDC Parcels be turned over to the Successor Agency. X L WHEREAS, the City/Successor Agency contested the findings and 4 a� determinations made by the State Controller in connection with the asset transfer review, arguing a. CO in part, that at the time of the transfer, that transaction was allowable, legally authorized, c enforceable, binding and valid. U) ai X J. WHEREAS, between December 3, 2014 and December 17, 2014, the FT w 0 SBEDC complied with the State Controller order and transferred the SBEDC Parcels to the c Successor Agency. c K. WHEREAS, upon notice of the transfer of the SBEDC Parcels to the v L Successor Agency, the Assessor reclassified the SBEDC Parcels as tax exempt. 0 a c L. WHEREAS,between January 1,2011 and January 31,2012,the City RDA o' U transferred, directly or through SBEDC, certain parcels of property (the "Transferred AHS c a� Parcels") to Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), a California E a� L nonprofit tax-exempt 501(c)(3) corporation acquired by the City RDA in 2009 to assist the City a 6 RDA in its statutory mission under California Health and Safety Code section 33334.2 of w c a� Mutual Release and Settlement Agreement Page 2 of 20 Q Packet Pg. 480 21.f L 0 W increasing, improving, and preserving the availability of affordable housing in the City of San Bernardino. The Transferred AHS Parcels were transferred pursuant to a Housing Capitalization v Funding Agreement dated March 3,2011 between the City RDA and AHS. Following the transfer of the Transferred AHS Parcels to AHS,the Assessor reclassified the Transferred AHS Parcels as E Q 2 taxable parcels. a M. WHEREAS, the California Department of Finance (the "DOF"), the state ti agency vested with primary responsibility for implementing the wind-down and dissolution of c 0 RDAs pursuant to AB 1X 26, objected to the Housing Capitalization Funding Agreement and the 3 0 U) transfer of the Transferred AHS Parcels to AHS, and determined that the Housing Capitalization Funding Agreement was not an enforceable obligation. CO N. WHEREAS, the City RDA also provided AHS with funds from the City X RDA's Low and Moderate Income Housing Fund (the "LMIHF") established pursuant to 4 a� California Health and Safety Code section 33334.3, which funds AHS used to acquire parcels of a. property from third parties (the"LMIHF AHS Parcels"), and which parcels the Assessor classified c c as taxable parcels for the period during which AHS held title to the parcels. 0 X O. WHEREAS, the DOF objected to all transfers from the LMIHF to AHS. 9 w 0 P. WHEREAS, in or about February 2016, AHS transferred to the Successor c Agency 1 the Transferred AHS Parcels with the exception of certain parcels that had been g Y ( ) � p p c acquired by the City RDA with federal funding provided to the City RDA by the City, and(2) the v L LMIHF AHS Parcels. Upon the transfer of the Transferred AHS Parcels and the LMIHF AHS a c Parcels from AHS to the Successor Agency, the Assessor reclassified the parcels as tax exempt. o' U Q. WHEREAS, on May 3, 2012, Neal T. Baker Enterprises, Inc., gifted to c a� AHS four(4)parcels (the `Baker AHS Parcels"), which parcels the Assessor classified as taxable E a� L parcels for the period during which AHS held title to the parcels. These parcels or the proceeds a 6 thereof were or will be transferred by AHS to the City. w c a� Mutual Release and Settlement Agreement Page 3 of 20 Q Packet Pg. 481 21.f L 0 W R. WHEREAS, the City has elected to serve as the Successor Housing Agency to the City RDA pursuant to California Health and Safety Code section 34176(a)(1). Said v section provides that all housing assets of the City RDA, defined in subdivision (e)(1) of said section to include any real property acquired for low- and moderate-income housing purposes, E Q as shall be transferred to the City. Q S. WHEREAS, consistent with California Health and Safety Code section o ti 34176,certain of the Transferred AHS Parcels and/or the LMIHF AHS Parcels were subsequently c 0 transferred by the Successor Agency to the City, acting as Successor Housing Agency. 3 0 U) T. WHEREAS, in addition to the federally-funded parcels referred to in Q Recital P., AHS directly acquired certain other parcels using federal funding provided to the City co Q RDA by the City and provided by the City RDA to AHS,which parcels the Assessor classified as X taxable parcels. Under California law, AHS presumptively acquired all of said federally-funded 4 a� parcels (collectively, the "Federally-Funded AHS Parcels") on behalf of and for the benefit of the a. City, as payor. Accordingly, the Federally-Funded AHS Parcels have been transferred by AHS to c r C the City. The Transferred AHS Parcels, the LMIHF AHS Parcels, the Federally-Funded AHS ai X Parcels, and the Baker AHS Parcels are collectively referred to herein as the"AHS Parcels." FT w 0 U. WHEREAS, the Successor Agency and the City have requested that the c County cancel the real property taxes levied by the County on the SBEDC Parcels and the AHS c Parcels that are applicable to the period of time that the SBEDC and AHS held title to such v L properties consistent with the order and determination of the State Controller as delineated in the 0 a c Asset Transfer Review,the objection of DOF to the transfers of assets from the City RDA to AHS, o' U and the provisions of California law relating to the beneficial ownership of property and to taxation c a� of property owned by charitable organizations. E a� L V. WHEREAS, pursuant to that certain "Mutual Release and Settlement a 6 Agreement"executed by the Parties on or about October 31,2017, the County agreed to cancel the w c a� Mutual Release and Settlement Agreement Page 4 of 20 Q Packet Pg. 482 21.f L 0 W real property taxes levied on certain of the SBEDC Parcels,leaving the remaining SBEDC Parcels for future disposition(the"Remaining SBEDC Parcels"). v W. WHEREAS, the Parties have been engaged in investigation, analysis and discussions to determine the legal, financial and operational consequences of complying with the E as as Successor Agency's and the City's request that the County cancel the real property taxes levied on C the Remaining SBEDC Parcels and the AHS Parcels that are applicable to the period of time that ti the SBEDC and AHS held title to such properties. c 0 X. WHEREAS, the Remaining SBEDC Parcels and the AHS Parcels are 0 U) listed in Exhibit"A" to this Settlement Agreement. Q Y. WHEREAS, the Parties intend and desire hereby to settle any and all Cq Q disputes between one another which arise out of(i) the initial transfers of the Remaining SBEDC X Parcels and the AHS Parcels(the"Initial Transfers"),(ii)all subsequent transfers of one or more of 4 a� the Remaining SBEDC Parcels or the AHS Parcels (the "Subsequent Transfers"), (iii) the a. co classification and reclassification by the Assessor of one or more of the Remaining SBEDC r C Parcels or the AHS Parcels (the "Classifications"), and (iv) any and all actions taken by the 0 X Assessor and the County in connection with or relating to one or more of the Remaining SBEDC FT w 0 Parcels or the AHS Parcels from January 1, 2011 through and including the date of full execution c of this Settlement Agreement (the "County Actions"), and to accomplish hereby a full and final c settlement between the Parties of all claims which arise out of the Initial Transfers,the Subsequent v L Transfers,the Classifications and the County Actions. Hereinafter all disputes between the Parties 0 a c which arise out of the Initial Transfers, the Subsequent Transfers, the Classifications and the o' U County Actions shall be referred to as the "Released Claims." c a� NOW, THEREFORE, in consideration of the terms, covenants, promises, E a� L representations, and conditions contained herein, and for other good and valuable consideration, a 6 x LU c a� Mutual Release and Settlement Agreement Page 5 of 20 Q Packet Pg. 483 21.f L 0 W the receipt, sufficiency, and adequacy of which are hereby acknowledged by each of the Parties, the Parties, and each of them,hereby represent and agree as follows: v 1. The Recitals set forth above are true and correct and are incorporated herein by this reference. E Q 2 2. It is agreed and understood that nothing contained herein shall be deemed as c an admission of any liability on the part of any of the Parties with respect to the matters described o ti in this Agreement. 0 3. CANCELLATION OF PROPERTY TAX ASSESSMENTS 3 0 3.1. Within thirty (30) business days of the date on which this Q Agreement is fully executed, which is the last date on which this Agreement is signed by all Q Parties, the Assessor shall cancel the real property assessments enrolled by the County on the X parcels set forth on Exhibit"A," attached hereto and made a part hereof by this reference,that are 4 a� applicable to the period of time during which the SBEDC or AHS held title to such properties as a. co gifted and consistent with the order and determination of the State Controller as delineated in the c Asset Transfer Review,the objection of DOF to the transfers of assets from the City RDA to AHS, ai X and the provisions of California law relating to the beneficial ownership of property,recited above. 9 w 0 3.2. The Parties acknowledge and agree that as to approximately 22 of c the parcels set forth on Exhibit "A" the Count issued supplemental refunds based on transfers p � Y pp c that occurred to AHS, because the re-assessed value of the parcels after the transfers was lower v L than the assessed value prior to the transfers. The refunds were claimed, but the City RDA also 0 a c paid annual tax bills on the parcels. When the County changes the status of the parcels to 0 U non-taxable and cancels the re-assessment in accordance with this Settlement Agreement, the c a� County will be required to process corrections to cancel the re-assessments. The Parties E a� L acknowledge and agree that bills will be created for the original refunds and new refunds will be a 6 issued for the annual tax bills that were previously paid as to the parcels. w c a� Mutual Release and Settlement Agreement Page 6 of 20 Q Packet Pg. 484 21.f L 0 W 4. Notwithstanding the foregoing, the Assessor shall enroll a possessory c interest("PI")assessment for each of the relevant years for any parcel set forth on Exhibit"A"that v the Assessor determines is or should have been subject to such PI assessment but for the acts of the Parties described herein. Within thirty (30) calendar days of the date on which this Settlement E d d Agreement is fully executed, City and Successor Agency and each of them shall deliver to the C Assessor any and all records, documents or other evidence of a possessory interest in any one or o ti more of the parcels set forth in Exhibit "A" hereto and any supplemental information as may be c 0 requested by the Assessor. The PI assessments will be assessed to the party who holds or held the 3 0 U) interest in the applicable parcel. Notwithstanding the foregoing, City shall pay or cause to be paid Q to the Tax Collector any PI assessments due and owing within fifteen(15)business days of written vq Q notification of the enrollment of such PI assessments for one or more of the parcels set forth in X Exhibit"A"hereto. 4 a� 5. CITY RELEASES a. 5.1. City, on behalf of itself and each of its elected and appointed CO c officials, officers, directors, agents, employees, servants, successors, executors, administrators, 0 X attorneys,heirs, trustees,trustors,departments,divisions,agencies,affiliated entities,subsidiaries, FT w 0 beneficiaries and assigns, if any, hereby forever releases, acquits, and discharges the County and c the Assessor collective) the "Count Parties" and each of their past and resent elected and (collectively, Y )� p p c appointed officials, directors, officers, agents, employees, servants, successors, executors, U L attorneys,heirs,trustees,trustors,departments,divisions,agencies,affiliated entities,subsidiaries, 0 a c beneficiaries and assigns, if any, from any and all claims, demands, actions, defenses, liabilities, o' U obligations, and indebtedness,with respect to any and all breaches of contract,breaches of duty or c a� any relationship, acts, omissions, misfeasances, malfeasances, causes or causes of action, debts, E a� L sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, Q 6 losses and expenses, of every type, kind, nature, description or character whatsoever, whether in w c a� Mutual Release and Settlement Agreement Page 7 of 20 W Q Packet Pg. 485 21.f L 0 W law or in equity,whether contractual, common law, statutory, federal, state, or otherwise,whether known or unknown,whether suspected to exist or not,whether liquidated or unliquidated, each as v though fully set forth herein at length, which City has ever had, or hereafter may have or claim to have,by reason of, arising out of, or connected with or related to any acts, omissions, transactions, E Q 2 or occurrences arising out of the Released Claims. a 5.2. City acknowledges, represents, and warrants that there may be o ti claims arising out of the Released Claims by reason of acts, omissions, transactions or c 0 occurrences, against the County Parties, as well as against the past and present employees, 3 0 U) servants, successors, attorneys, and assigns, if any, of the County Parties of which, at the time this Q Settlement Agreement is executed, it has no knowledge or suspicion. City hereby agrees and Cq Q represents that this Settlement Agreement is specifically intended to, and does, extend to any and X all such claims, whether or not known, claimed, or suspected by it. Therefore, City, on behalf of N a� itself, as well as on behalf of each of its officers,directors,agents,employees,servants, successors, a. co executors, administrators, attorneys, heirs, trustees, trustors, parent corporations, subsidiaries, 0 c beneficiaries and assigns, if any, hereby expressly waives the benefits of Section 1542 of the ai X California Civil Code which provides: FT w 0 c 0 "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL a� c RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE v L CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN 0 c HIS OR HER FAVOR AT THE TIME OF EXECUTING THE o' U RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE c a� MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH E a� L THE DEBTOR." a 6 x w c a� Mutual Release and Settlement Agreement Page 8 of 20 Q Packet Pg. 486 21.f L 0 W 5.3. City hereby acknowledges, represents, and warrants, to the County Parties as follows: v 5.3.1. The person signing this Settlement Agreement as or on behalf of City understands the meaning and effect of Section 1542 of the California Civil Code set E Q 2 forth above. a, 5.3.2. WITH REGARD TO SECTION 1542 OF THE o ti CALIFORNIA CIVIL CODE, CITY AGREES TO ASSUME THE RISK OF ANY AND ALL c 0 UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES 3 0 U) OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND OBLIGATIONS WHICH ARE RELEASED BY THE RELEASES CONTAINED IN THIS SECTION 5 (THE "CITY a RELEASES") IN FAVOR OF THE COUNTY PARTIES AND CITY HEREBY WAIVES AND 9 x RELEASES ALL RIGHTS AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE UNDER N a� THE AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH a. REGARD TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR c c MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, ai x LIABILITIES, INDEBTEDNESS AND OBLIGATIONS. FT w 0 5.3.3. EACH PERSON SIGNING THIS SETTLEMENT c AGREEMENT AS OR ON BEHALF OF CITY HAS READ THE FOREGOING RELEASES. c SAID PERSON FULLY UNDERSTANDS THAT THE CITY RELEASES HAVE v L IMPORTANT LEGAL CONSEQUENCES. SAID PERSON REALIZES HE OR SHE IS 0 c RELEASING ANY AND ALL CLAIMS THAT THE CITY HAS AS SET FORTH ABOVE. o' U CITY HAS HAD A LAWYER'S ADVICE CONCERNING THE LEGAL CONSEQUENCES OF c a� THE CITY RELEASES. THE PERSON SIGNING AS OR ON BEHALF OF CITY E a� L WARRANTS AND REPRESENTS THAT HE OR SHE IS AUTHORIZED TO MAKE THE a 6 FOREGOING RELEASES IN THE REPRESENTATIVE CAPACITY INDICATED, IF ANY. w c a� Mutual Release and Settlement Agreement Page 9 of 20 Q Packet Pg. 487 21.f L 0 W 5.3.4. The City Releases set forth in this Section 5 shall not be c construed to be and do not constitute an admission of any liability on the part of City. Said City v Releases shall constitute an absolute bar to any claim of any kind,whether any such claim is based on contract, tort,warranty,mistake or any other theory,whether legal, statutory or equitable. City E Q d specifically agrees that any attempt to assert a claim barred by said City Releases shall subject the C party asserting said claim to the provisions of applicable law setting forth the remedies for the o ti bringing of groundless, frivolous, or baseless claims or causes of action. 0 5.4. The City Releases set forth in this Section 5 shall inure to the benefit 3 6 U) of the past and present elected and appointed officials, directors, officers, agents, employees, Q servants, successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, Cq Q agencies, affiliated entities, subsidiaries,beneficiaries and assigns, if any, of the County Parties. 9 X 6. SUCCESSOR AGENCY RELEASES 4 a� 6.1. Successor Agency,on behalf of itself,as well as on behalf of each of a. its elected and appointed officials, directors, officers, agents, employees, servants, successors, c c executors, attorneys, heirs, trustees, trustors, departments, divisions, agencies, affiliated entities, ai X subsidiaries,beneficiaries and assigns, if any, hereby forever releases, acquits, and discharges the FT w 0 County Parties, as well as each of their past and present elected and appointed officials, directors, c officers, agents, employees, servants successors executors attorneys, heirs trustees trustors c departments, divisions, agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, v L from any and all claims,demands,actions,defenses,liabilities, obligations,and indebtedness,with 0 a c respect to any and all breaches of contract, breaches of duty or any relationship, acts, omissions, o' U misfeasances, malfeasances, causes or causes of action, debts, sums of money, accounts, c a� compensation, contracts, controversies, promises, damages, costs, losses and expenses, of every E a� L type, kind, nature, description or character whatsoever, whether in law or in equity, whether °f Q 6 contractual, common law, statutory, federal, state, or otherwise, whether known or unknown, w c a� Mutual Release and Settlement Agreement Page 10 of 20 W Q Packet Pg. 488 21.f L 0 W whether suspected to exist or not,whether liquidated or unliquidated, each as though fully set forth c herein at length,which Successor Agency has ever had, or hereafter may have or claim to have,by v reason of, arising out of, or connected with or related to any acts, omissions, transactions, or occurrences arising out of the Released Claims. E Q 2 6.2. Successor Agency acknowledges, represents, and warrants that c there may be claims arising out of the Released Claims by reason of acts, omissions, transactions o ti or occurrences, against the County Parties, as well as against the past and present employees, c 0 servants, successors, attorneys, and assigns, if any, of the County Parties of which, at the time this 3 0 U) Settlement Agreement is executed, it has no knowledge or suspicion. Successor Agency hereby Q agrees and represents that this Settlement Agreement is specifically intended to, and does, extend Cq Q to any and all such claims, whether or not known, claimed, or suspected by it. Therefore, X Successor Agency, on behalf of itself, as well as on behalf of each of its officers, directors, agents N a� employees, servants, successors, executors, administrators, attorneys, heirs, trustees, trustors, a parent corporations, subsidiaries, beneficiaries and assigns, if any, hereby expressly waives the c r C benefits of Section 1542 of the California Civil Code which provides: ai X FT w 0 "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL r- . RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE c CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN v L HIS OR HER FAVOR AT THE TIME OF EXECUTING THE 0 c RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE o' U MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH c a� THE DEBTOR." E a� L Q 0 W d Mutual Release and Settlement Agreement Page 11 of 20 Q Packet Pg. 489 21.f L 0 W 6.3. Successor Agency hereby acknowledges represents and warrants, c to the County Parties as follows: v 6.3.1. The person signing this Settlement Agreement as or on behalf of Sucessor Agency understands the meaning and effect of Section 1542 of the California E Q 2 Civil Code set forth above. a, 6.3.2. WITH REGARD TO SECTION 1542 OF THE o ti CALIFORNIA CIVIL CODE, SUCCESSOR AGENCY AGREES TO ASSUME THE RISK OF c 0 ANY AND ALL UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, 3 0 U) CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND OBLIGATIONS WHICH ARE RELEASED BY THE RELEASES CONTAINED IN THIS vq SECTION 6 (THE "SUCCESSOR AGENCY RELEASES") IN FAVOR OF THE COUNTY 9 x PARTIES AND SUCCESSOR AGENCY HEREBY WAIVES AND RELEASES ALL RIGHTS N a� AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE UNDER THE a. AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH REGARD c r C TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD a� x DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, FT w 0 INDEBTEDNESS AND OBLIGATIONS. c 6.3.3. EACH PERSON SIGNING THIS SETTLEMENT c AGREEMENT AS OR ON BEHALF OF SUCCESSOR AGENCY HAS READ THE v L FOREGOING SUCCESSOR AGENCY RELEASES. SAID PERSON FULLY 0 c UNDERSTANDS THAT THE RELEASES HAVE IMPORTANT LEGAL CONSEQUENCES. o' U SAID PERSON REALIZES HE OR SHE IS RELEASING ANY AND ALL CLAIMS THAT c a� THE SUCCESSOR AGENCY HAS AS SET FORTH ABOVE. SUCCESSOR AGENCY HAS E a� L HAD A LAWYER'S ADVICE CONCERNING THE LEGAL CONSEQUENCES OF THE a 6 SUCCESSOR AGENCY RELEASES. THE PERSON SIGNING AS OR ON BEHALF OF = LU c a� Mutual Release and Settlement Agreement Page 12 of 20 Q Packet Pg. 490 21.f L 0 W SUCCESSOR AGENCY WARRANTS AND REPRESENTS THAT HE OR SHE IS c AUTHORIZED TO MAKE THE FOREGOING SUCCESSOR AGENCY RELEASES IN THE v REPRESENTATIVE CAPACITY INDICATED, IF ANY. 6.3.4. The Successor Agency Releases set forth in this Section 6 E Q d shall not be construed to be and do not constitute an admission of any liability on the part of ( Successor Agency. Said Successor Agency Releases shall constitute an absolute bar to any claim o ti of any kind, whether any such claim is based on contract, tort, warranty, mistake or any other c 0 theory, whether legal, statutory or equitable. Successor Agency specifically agrees that any 0 U) attempt to assert a claim barred by said Successor Agency Releases shall subject the party Q asserting said claim to the provisions of applicable law setting forth the remedies for the bringing co Q of groundless, frivolous, or baseless claims or causes of action. X 6.4. The Successor Agency Releases set forth in this Section 6 shall N a� inure to the benefit of the past and present elected and appointed officials, directors, officers, a. co agents, employees, servants successors executors attorneys, heirs trustees trustors r C departments, divisions, agencies, affiliated entities, subsidiaries,beneficiaries and assigns, if any, 0 X of the County Parties. FT w 0 7. COUNTY PARTIES RELEASES c 7.1. The County Parties, on behalf of themselves, as well as on behalf of a� c each of their respective elected and appointed officials, directors, officers, agents, employees, U L servants, successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, 0 a c agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, hereby forever release, o' U acquit, and discharge City, City RDA, Successor Agency, SBEDC, and AHS (collectively, the c a� "City Parties"), as well as each of the past and present elected and appointed officials, directors, E a� L officers, agents, employees, servants, successors, executors, attorneys, heirs, trustees, trustors, Q 6 departments, divisions, agencies, affiliated entities, subsidiaries, beneficiaries and assigns, if any, w c a� Mutual Release and Settlement Agreement Page 13 of 20 Q Packet Pg. 491 21.f L 0 W of each of the City Parties from any and all claims, demands, actions, defenses, liabilities, obligations, and indebtedness,with respect to any and all breaches of contract,breaches of duty or v any relationship, acts, omissions, misfeasances, malfeasances, causes or causes of action, debts, sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, E Q 2 losses and expenses, of every type, kind, nature, description or character, whatsoever, whether in c law or in equity,whether contractual, common law, statutory, federal, state, or otherwise,whether o ti known or unknown,whether suspected to exist or not, whether liquidated or unliquidated, each as c 0 though fully set forth herein at length, which the County Parties have ever had, or hereafter may 3 0 U) have or claim arising out of the Released Claims. Q 7.2. The County Parties acknowledge, represent, and warrant that they vq Q may have claims arising out of the Released Claims by reason of acts, omissions, transactions or X occurrences, against the City Parties, as well as against the past and present directors, officers, N a� employees, servants, successors, attorneys, trustees, trustors, beneficiaries, insurers and assigns, a parent corporations or subsidiaries,if any,of each of the City Parties,respectively,of which, at the c c time this Settlement Agreement is executed, the County Parties have no knowledge or suspicion. ai X The County Parties hereby agree and represent that this Settlement Agreement is specifically FT w 0 intended to, and does, extend to any and all such claims, whether or not known, claimed, or c suspected by any of them. Therefore, the County Parties on behalf of themselves, as well as on c behalf of their respective directors, officers, agents, employees, servants, trustees, trustors, U L successors, attorneys, and assigns, if any, hereby expressly waive the benefits of Section 1542 of a c the California Civil Code which provides: o' U c d "Section 1542. GENERAL RELEASE, EXTENT. A GENERAL E a� L RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE a 6 CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR = LU c a� Mutual Release and Settlement Agreement Page 14 of 20 W Q Packet Pg. 492 21.f L 0 W HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH c IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY v AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 3 d E d d 7.3. The County Parties hereby acknowledge,represent, and warrant, to (M the City Parties, as follows: ti 7.3.1. The persons signing this Settlement Agreement as or on c 0 behalf of the County Parties understand the meaning and effect of Section 1542 of the California 0 U) Civil Code set forth above. Q 7.3.2. WITH REGARD TO SECTION 1542 OF THE vq Q CALIFORNIA CIVIL CODE THE COUNTY PARTIES AGREE TO ASSUME THE RISK OF 9 x ANY AND ALL UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD DEFENSES, N a� CLAIMS, CAUSES OF ACTION, CONTRACTS, LIABILITIES, INDEBTEDNESS AND a. OBLIGATIONS WHICH ARE RELEASED BY THE RELEASES CONTAINED IN THIS c r C SECTION 7 (THE "COUNTY PARTIES RELEASES") IN FAVOR OF THE CITY PARTIES, ai x AND THE COUNTY PARTIES HEREBY WAIVE AND RELEASE ALL RIGHTS AND FT w 0 BENEFITS WHICH THEY AND EACH OF THEM MIGHT OTHERWISE HAVE UNDER c THE AFOREMENTIONED SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH c REGARD TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED OR v L MISUNDERSTOOD DEFENSES, CLAIMS, CAUSES OF ACTION, CONTRACTS, 0 c LIABILITIES, INDEBTEDNESS AND OBLIGATIONS. o' U 7.3.3. EACH PERSON SIGNING THIS SETTLEMENT c a� AGREEMENT AS OR ON BEHALF OF THE COUNTY PARTIES HAS READ THE E a� L FOREGOING COUNTY PARTIES RELEASES. SAID PERSONS FULLY UNDERSTAND a 6 THAT THE COUNTY PARTIES RELEASES HAVE IMPORTANT LEGAL = LU c a� Mutual Release and Settlement Agreement Page 15 of 20 Q Packet Pg. 493 21.f L 0 W CONSEQUENCES. SAID PERSONS REALIZE THEY ARE RELEASING ANY AND ALL c CLAIMS THAT THE COUNTY PARTIES HAVE AS SET FORTH ABOVE. THE COUNTY v PARTIES HAVE HAD A LAWYER'S ADVICE CONCERNING THE LEGAL CONSEQUENCES OF THE COUNTY PARTIES RELEASES. EACH OF THE PERSONS d d SIGNING AS OR ON BEHALF OF THE COUNTY PARTIES WARRANTS AND a� REPRESENTS THAT HE OR SHE IS AUTHORIZED TO MAKE THE FOREGOING o ti COUNTY PARTIES RELEASES IN THE REPRESENTATIVE CAPACITY INDICATED, IF c 0 ANY. 0 7.3.4. The County Parties Releases set forth in this Section 7 shall constitute an absolute bar to any claim of any kind, whether any such claim is based on contract, co tort, warranty, mistake or any other theory, whether legal, statutory or equitable. The County X Parties specifically agree that any attempt to assert a claim barred by said County Parties Releases N a� shall subject the County Parties to the provisions of applicable law setting forth the remedies for a. the bringing of groundless, frivolous, or baseless claims or causes of action. c c 7.4. The County Parties Releases set forth in this Section 7 shall inure to ai X the benefit of the elected and appointed officials, directors, officers, agents, employees, servants, 9 w 0 successors, executors, attorneys, heirs, trustees, trustors, departments, divisions, agencies, c affiliated entities, subsidiaries,beneficiaries and assigns, of the City Parties. 0 c 8. INDEMNIFICATION v L Successor Agency and City and each of them agree to indemnify, defend 0 a c (with counsel reasonably approved by the County Parties) and hold harmless the County Parties o' U and each of their respective authorized officers,employees,agents and volunteers from any and all c a� claims, actions, losses, damages, and/or liability arising out of the performance of this Settlement E a� L Agreement from any cause whatsoever, including the acts, errors or omissions of any person and a 6 for any costs or expenses incurred by the County Parties on account of any claim except where w c a� Mutual Release and Settlement Agreement Page 16 of 20 Q Packet Pg. 494 21.f L 0 W such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of the indemnitees. Each of the City's and the Successor 0 Agency's indemnification obligations apply to the County Parties' "active" as well as "passive" 3 negligence but do not apply to the County Parties' "sole negligence" or "willful misconduct" E Q 2 within the meaning of Civil Code Section 2782. a 9. GENERAL TERMS o ti 9.1. Pursuant to Evidence Code Section 1123, this Settlement c 0 Agreement is enforceable,binding, admissible in a court of law,and may be disclosed by any party 0 U) d hereto. � Q 9.2. Each individual executing this document on behalf of a party hereto Cq Q hereby warrants and represents that he or she has been duly authorized to do so. X 9.3. This Settlement Agreement, and all documents executed by the 4 a� Parties, either concurrently herewith or subsequent hereto as provided for herein, shall represent a. the entire understanding and agreement among the Parties, and the same may not be altered or CO c amended except by a subsequent written agreement executed by all of the Parties, or their ai X respective successors, executors or administrators. The Parties acknowledge and agree that no FT w 0 representations,express or implied,have been made or relied upon in executing and agreeing to be c bound by this Settlement Agreement, except asspecifically set forth herein. c 9.4. This Settlement Agreement and all documents and instruments v L required hereunder shall be governed by and construed in accordance with the laws of the State of a c California. o' U 9.5. The terms, covenants, promises, conditions and representations c a� contained in this Settlement Agreement shall inure to and be binding upon the successors and E a� L assigns of all of the Parties and each of them. Except as otherwise expressly provided for herein, a 6 this Settlement Agreement is not intended to be for the benefit of any person other than the Parties. w c a� Mutual Release and Settlement Agreement Page 17 of 20 W Q Packet Pg. 495 21.f L 0 W 9.6. If any provision of this Settlement Agreement shall be held ' C 3 prohibited by or invalidated under applicable law, such provision shall be ineffective only to the v extent of such prohibition or invalidity,without invalidating or rendering ineffective the remainder 3 of such provision, or any other provision of this Settlement Agreement. E Q 2 9.7. Time is of the essence with respect to the performance of each and CO every term, covenant, promise and condition contained herein. c ti 9.8. If legal action shall be instituted to enforce any of the provisions of C 0 this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys' 3 0 U) fees incurred thereby. Q 9.9. Each of the Parties hereby acknowledges the receipt of advice of Cq Q legal counsel regarding this Settlement Agreement prior to executing it. X 9.10. This Settlement Agreement supersedes any and all prior and N a� contemporaneous agreements between or among any of the Parties with respect to the subject a. matter of this Settlement Agreement. CO C 9.11. The execution, delivery, or performance of this Settlement ai X Agreement and any documents provided for hereunder are not in contravention of nor in conflict FT w 0 with any agreement by which the Parties, or any of them, are legally bound. c 9.12. In construing the terms of this Settlement Agreement, the singular C shall include the plural, and the plural shall include the singular. v L 9.13. The Parties agree to execute all documents and take all actions to 0 a C fulfill the purposes of this Settlement Agreement. o' U 9.14. This Settlement Agreement may be executed in counter-part and the C ai signature pages combined to form one document which is binding on all of the Parties. Facsimiles E a� L of the signatures of the Parties are deemed to be binding and the Parties will send the originals of CO 6 x LU C 4) Mutual Release and Settlement Agreement Page 18 of 20 W Q Packet Pg. 496 21.f L 0 W their signatures on this Settlement Agreement to the Office of County Counsel with respect to the County Parties and to the Office of City Attorney with respect to the City Parties. v as E [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] L Q O Q� ti O O Nd N Q co Q x U4 vi d L a co 0 0 d x FT w 0 0 d U L O W O U d d d L Q W Q Mutual Release and Settlement Agreement Page 19 of 20 Q Packet Pg. 497 21.f L IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their a respective authorized officers. 0 CITY OF SAN BERNARDINO v A California Charter City and Municipal Corporation as E Dated: By: L Andrea M. Miller, City Manager a 0 ATTEST: c 0 By: 3 Georgeann"Gigi" Hanna, City Clerk U) APPROVED AS TO FORM: co Gary D. Saenz, City Attorney Q X w By: v_i a� L a. SUCCESSOR AGENCY TO THE REDEVELOPMENT o AGENCY OF THE CITY OF SAN BERNARDINO 0 U) 0 X By: FT Dated: Andrea M. Miller, Executive Director 0 c 0 ATTEST: a� c U By: c Georgeann"Gigi" Hanna, City Clerk >, c 0 APPROVED AS TO FORM: v Gary D. Saenz, City Attorney 3 c a� E a� By: a� Q 0 x LU c a� Mutual Release and Settlement Agreement Page 20 of 20 Q Packet Pg. 498 21.g EXHIBIT "A" 0 4- L"L" CITY PARCELS (Identified by assessor Parcel Numbers) 0 Q 0134014240000 0134291110000 0147224200000 E Q 0134014250000 0134301220000 0147224240000 a� 0134014260000 0139172360000 0147224250000 Q 0134014270000 0140012110000 0147224280000 0 0134021260000 0140033220000 0154125070000 0134021270000 0140041290000 0154126010000 0134021280000 0140134060000 0154126020000 a, 0134021290000 0140143380000 0154126300000 Q 0 0134053200000 0140171160000 0155451100000 Q 0134053210000 0140192200000 0268394100000 0134053220000 0140222260000 1191031180000 0134053230000 0140282050000 1191031190000 w 0134053250000 0140282710000 1191031230000 d 0134053260000 0140282730000 1191031240000 0 0134054070000 0140282740000 1191031250000 a CO 0134054080000 0142522080000 1191031270000 0134054090000 0142522090000 1191031290000 c 0134054240000 0142522110000 1191051240000 d 0134054250000 0142522120000 1191051380000 x 0134054260000 0142522130000 1191051420000 4- w 0134061210000 0142522140000 1191051440000 r- 0134061220000 0142522150000 1191051450000 0 0134061250000 0142522160000 1191051480000 d 0134061300000 0142522170000 1191051530000 0134093050000 0142522250000 1191051540000 v 0134093060000 0142522350000 1191051550000 ,0 0134101020000 0142522360000 1191051590000 0134101030000 0142522370000 1191051600000 c 0134101040000 0142522380000 1191051610000 V 0134101050000 0142522410000 1191051660000 0134101060000 0142522420000 d 0134101280000 0143191740000 d 2 0134181280000 0143191750000 a, 0134211340000 0145171110000 q 6 0134211380000 0146031040000 z LU 0134221450000 0146045140000 0134231270000 0146053270000 Q 0134231280000 0146072020000 0134231290000 0147224110000 Packet Pg. 499 22.a NARD � Consent Calendar � a 3 City of San Bernardino ' Request for Council Action �H�ED LT1�0 d is Date: October 17, 2018 Q To: Honorable Mayor and City Council Members CL 0 From: Andrea M. Miller, City Manager(�� 0) E Subject: Crime Free Rental Housing Program Update c x Recommendation W Receive and file. Q L U_ Background E San Bernardino's future and its prospects for increased economic investment rest, in large part, on the City's ability to reduce the crime rate and address the perception that San Bernardino is a dangerous city. While we are continuing efforts to strengthen our response to crime in the community through continued investment in the police department including training, modern equipment and technology, and systems that support proactive work and better utilization of resources, we are also engaging owners of multi-unit complexes to create a safe and crime-free environment for residents and surrounding neighborhoods. N r_ 0 CL Discussion Q Over the last several weeks, we have begun to prioritize enforcement at multi-family properties that generate the highest number of calls for law enforcement service and have code violations. Making multi-unit properties safe and crime-free requires x0 screening of tenants and implementation of proper safety and security measures to Q ensure criminal activity doesn't exist. Collaboration between the City, Police 2 Department, property owners, tenants, and the community is essential. •L Chapter 15.27 of the San Bernardino Municipal Code establishes regulations to reduce crime in multi-family rental properties and establishes a framework for collaboration by requiring regular inspections and safety and screening training. E City staff and the City Attorney's Office are reviewing the current Crime Free Rental Housing Program and the provisions contained therein to determine whether the a regulations provide the most thorough protection of the health, safety and welfare of the City and employ best practices. We are also exploring programs implemented in area cities at the suggestion of some of the property owners of multi-family properties in San Packet Pg. 500 22.a Bernardino. Once we have completed the thorough analysis of the City's current regulations and provisions and evaluate the best practices employed in other cities, we plan to engage property owners and professional rental and property management associations in the discussion with the goal of presenting revised regulations to the Mayor and City Council for consideration in November or December 2018. 2018-2019 Goals and Objectives CL Reviewing and revising the current Crime Free Rental Housing Program to ensure the regulations provide the most thorough protection of the health, safety and welfare of the r_ City and employ best practices supports the Mayor and City Council's goals to provide c for the safety of the community (Goal No. 2); create, maintain and grow jobs and a economic value (Goal No. 3); ensure development of a well-planned, balanced and I sustainable city (Goal No. 4); improve government operations (Goal No. 5); operate in a 3 fiscally responsible and business-like manner (Goal No. 6); and pursue city goals and x0 objectives by working with other agencies (Goal No.7). Q Fiscal Impact W Q There is no direct financial impact related to this discussion. �2 Q Conclusion L Staff recommends that the Mayor and City Council receive and file this update. Attachments ti None. ti 0 ao 0 N Ward: All r_ 0 CL Synopsis of Previous Council Actions: W IM E 0 0 x Q 2 L U, Q E L U U Q E t v ca Q Packet Pg. 501 23.a SARI) �^ 0 Consent Calendar ° r � � City of San Bernardino rr gyp' Request for Council Action . {N4JE a 1 L ° W Date: October 17, 2018 ° To: Honorable Mayor and City Council Members Q L From: Council Member Marquez 0 By: Renee Brizuela, Council Administrative Assistant Q a Subject: Hometown Heroes Military Banner Agreement to Appropriate ° Funds for the Purchase of Hometown Heroes Military Banners Q Q 2 Recommendation Approve a budget amendment appropriating donated funds totaling $8,753.40 from the Hometown Heroes Military Banner Trust account for the purpose of purchasing Military Banners and authorize the Director of Finance to issue a purchase order for the m purchase of the Military Banners. Background On August 1 , 2011 , the creation of the San Bernardino Hometown Heroes Military c Banner Program was approved. To date, the program has had 12 roll-outs for a total of Q 93 banners. _ 3 0 Discussion Q There is sufficient funding available in the San Bernardino Hometown Heroes Military 0 Trust Account. The transfer and appropriation of funds from account 772*2468 in the amount of $8,753.40 is required to issue the purchase order. The fund has a current balance of$16,235.28. 2018-19 Goals and Objectives The approval of the proposed budget amendment appropriating donated funds totaling 0 $8,753.40 for the purchase order for Military Banners aligns with Goal No. 1 : Implement = the City Vision by developing programs and operating systems to publicize, promote, 3 support and implement guidance provided by the Mayor and City Council. ° Q E Fiscal Impact = The fiscal impact of the $8,753.40 budget expenditure is offset by the recommendation to increase budget revenue by the donated funds in the Hometown Heroes Military Trust Account. Q E a 10/12/2018 11:01 AM Packet Pg. 502 23.a Conclusion - It is recommended that the Mayor and City Council of the City of San Bernardino, y California, approve a budget amendment appropriating donated funds totaling $8,753.40 from the Hometown Heroes Military Banner Trust account for the purpose of purchasing Military Banners and authorize the Director of Finance to issue a purchase a as order for the purchase of the Military Banners. Z L ° W Attachments u_ as Ward: `4 L Q ° L Synopsis of Previous Council Actions: Q Q 05-30-2018 Twelfth unveiling of the San Bernardino Hometown Heroes Military Banners. ° 05-16-2018 Committee update report given. d 11-15-2017 Approve purchase order in the amount of$10,000.00. d 04-17-2017 Eleventh unveiling of the San Bernardino Hometown Heroes Military Banners. L a� 04-03-2017 Committee update report given. Q L 10-17-2016 Tenth unveiling of the San Bernardino Hometown Heroes Military Banners. Q 10-10-2016 Committee update report given. 09-16-2016 Approve purchase order in the amount of$5,000.00. m 11-02-2015 Ninth unveiling of the San Bernardino Hometown Heroes Military Banners. 10-05-2015 Approve purchase order in the amount of$4,500.00. 03-16-2015 Eighth unveiling of the San Bernardino Hometown Heroes Military Banners. y 01-20-2015 Approve purchase order in the amount of$4,500.00. o 06-16-2014 Seventh unveiling of the San Bernardino Hometown Heroes Military Banners. _ 06-02-2014 Committee update report given. 03-17-2014 Sixth unveiling of the San Bernardino Hometown Heroes Military Banners. .- 03-03-2014 Committee update report given. E 01-21-2014 Committee update report given. _ 06-17-2013 Fifth unveiling of the San Bernardino Hometown Heroes Military Banners. N 06-03-2013 Committee update report given. ti 05-27-2013 Fourth unveiling of the San Bernardino Hometown Heroes Military Banners at Norton Air Force Base Museum (Fallen Soldiers). CO 05-20-2013 Committee update report given. vi Q 03-18-2013 Third unveiling of the San Bernardino Hometown Heroes Military Banners. d 03-18-2013 Committee update report given. x 12-03-2012 Updated Criteria for the San Bernardino Hometown Heroes Military Banner Program. 07-16-2012 Second unveiling of the San Bernardino Hometown Heroes Military Banners. c 07-02-2012 Committee update report given. x 04-02-2012 Unveiling of the San Bernardino Hometown Heroes Military Banners. v U 03-19-2012 Committee update report given. 12-19-2011 Committee update report given. 09-06-2011 Criteria for the San Bernardino Hometown Heroes Military Banner Program was E approved. 08-01-2011 Creation of the San Bernardino Hometown Heroes Military Banner Program. Q approved. 10/12/2018 11:01 AM Packet Pg. 503 24.a � gNARp jr Q Consent Calendar c x > x d .moo City of San Bernardino Request for Council Action U 4- 0 Date: October 17, 2018 4T w Q To: Honorable Mayor and City Council Members a O a� From: Andrea M. Miller, City Manager By: Jeff Bloom, Interim Community Development Director Subject: Adoption of Resolution No. 2018-294 Relating to Deferral of N Certain Development Impact Fees co 0 N Recommendation Z Adopt Resolution No. 2018-294 of the Mayor and City Council of the City of San c Bernardino, California, relating to the deferral of certain development impact fees and repealing Resolution No. 2010-267. Q W Background c On July 21, 2010, the Mayor and City Council adopted Resolution No. 2010-247 relating c to the deferral of certain development impact fees. Resolution No. 2010-247 permitted c the deferral of development impact fees for up to eighteen (18) months from the date of a issuance of the building permit or until the release of utilities is issued, whichever occurred first, if the owner of the property performed the following tasks: 1. Personally guaranteed the payment of the fees; 2. Signed documents authorizing the City to place a lien on the property in the co amount of the fees, 3. Agreed to place the amount of the fees into any escrow for the sale of the �, property and authorized the City to demand payment in any such escrow; and o 4. Paid any administrative fee set by resolution of the Mayor and City Council. Q U_ On August 2, 2010, the Mayor and City Council adopted Resolution No. 2010-267, Q which repealed Resolution No. 2010-247 and replaced it with almost identical language E with the exception that the deferral program now applied to a broader range of residential projects. E CL O The complexity of recent development projects necessitates more flexibility in the securing of development impact fees. o 6 U Q E t v O Q Packet Pg. 504 24.a Discussion E Staff recognizes the importance of encouraging continuing investment in the City's o development and also the importance of providing for infrastructure that is made > necessary by new development. Weighing the needs of private development and the o needs of public infrastructure, City staff continues to believe that deferring the timing of S development impact fee payments to the release of utilities adequately accomplishes the needs of obtaining funding for needed public infrastructure, while at the same time 4- alleviating alleviating the burden imposed on development of having to pay those development ° impact fees upfront at the building permit stage. w as In response to a recent development project, City staff has concluded that Resolution o No. 2010-267 provides inadequate flexibility for developers in the qualification for fee deferral as it requires multiple forms of security where one solid form of security would suffice. Also, by requiring the owner to authorize the City to lien the property, Q Resolution No. 2010-267 makes it particularly difficult for developers who have leasehold interests in property or who are subject to stringent lending requirements to N obtain the relief provided by the development impact fee deferral program. o N To balance the need for securing the eventual payment of development impact fees z with the need to provide flexibility to developers, City staff proposes the following c conditions for fee deferral: 1. Applies to the construction of new single-family subdivisions, townhomes, and condominium projects of five or more units, and for the construction of new W commercial, office, or industrial projects (no change from Resolution No. 2010- c 267); o 2. Deferral valid until the release of utilities is issued or eighteen (18) months from c the issuance of the building permit, whichever is less (no change from Resolution a No. 2010-267); 3. Applies to the following fees: Law Enforcement; Regional Circulation System; Local Circulation System; Parkland and Open Space; Library Facilities; Public Meeting Facilities; Aquatics Facilities; and Storm Drain Development (minor co changes from Resolution No. 2010-267 to reflect current impact fees); 2- 4. Entry into a Development Impact Fee Deferral Agreement on a form approved by the City Attorney (new requirement); o 5. Provision of security in a form approved by the City, such as a performance bond equal to 100% of the development impact fees with the right of the City to make a claim as obligee of such bond or an irrevocable letter of credit (amended Q requirement); and E 6. Payment of any administrative fee set by resolution of the Mayor and City Council to cover the costs associated with processing such deferral (no change E from Resolution No. 2010-267). o Q In no event will the City permit the release of utilities until the development impact fees o are paid, except where absolutely necessary for security or maintenance purposes. In such rare cases, no certificate of occupancy may be issued prior to payment of development impact fees. Q 10/12/2018 11:59 AM Packet Pg. 505 24.a Q E 2018-19 Goals and Objectives 2 The adoption of Resolution No. 2018-294 aligns with Goal No. 3: Create, Maintain, and > Grow Jobs and Economic Value in the City and Goal No. 4: Ensure Development of a o Well-Planned, Balanced, and Sustainable City. The deferral of development impact E fees encourages business expansion and utilizes City's resources to support the local economy and maximize job creation. Further, the conditions required to defer such fees U secure the development of appropriate infrastructure designed for long term economic 0 growth. L 4T w Q Fiscal Impact 0 0 The adoption of Resolution No. 2018-294 could potentially result in more development projects utilizing the development impact fee deferral program resulting in fees not E being collected at the time of building permit issuance. However, the conditions Q imposed on developers utilizing the deferral program ensure that such fees are collected prior to the release of utilities and, in any event, no later than eighteen months N after the issuance of building permits. o N Conclusion z It is recommended that the Mayor and City Council of the City of San Bernardino, c California, adopt Resolution No. 2018-294, relating to the deferral of certain development impact fees and repealing Resolution No. 2010-267. Q W Attachments 0 Attachment 1 Resolution No. 2018-294, Resolution of the Mayor and City Council o of the City of San Bernardino Relating to the Deferral of Certain c Development Impact Fees and Repealing Resolution No. 2010- a 267. M Attachment 2 Resolution No. 2010-267. Ward: All Wards ca L Synopsis of Previous Council Actions: On July 21, 2010,the Mayor and City Council adopted ,T Q Resolution No. 2010-247, relating to the deferral of certain development impact fees. On o Q August 2, 2010,the Mayor and City Council adopted Resolution No. 2010-267 relating to certain m LL development impact fees and repealing Resolution No. 2010-247 to provide more flexibility in Ca the types of residential projects covered. CL E Q E CL 0 Q Q 0 0 U Q E t v ca Q 10/12/2018 11:59 AM Packet Pg. 506 24.b Resolution No. 2018-294 RESOLUTION NO. 2018-294 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF a� THE CITY OF SAN BERNARDINO, CALIFORNIA, w RELATING TO THE DEFERRAL OF CERTAIN 0 DEVELOPMENT IMPACT FEES AND REPEALING RESOLUTION NO. 2010-267 d 0 0 WHEREAS, the City recognizes the importance of encouraging continuing investment 0 in the City's development and also the importance of providing for needed infrastructure that is W made necessary by new development; and WHEREAS, weighing the needs of private development and the needs of public N infrastructure, the City continues to believe that deferring the timing of development impact fee � payments to the request for final inspection adequately accomplishes the needs of obtaining N funding for needed public infrastructure, while at the same time alleviating the burden imposed Z on development of having to pay those development impact fees at the building permit stage; and c W 0 WHEREAS, Resolution No. 2010-267, adopted by the Mayor and City Council on o August 2, 2010, provides inadequate flexibility for developers and, therefore, unnecessarily restricts development opportunities within the City; and c c 0 WHEREAS, to balance the need for securing the eventual payment of development a impact fees with the need to provide flexibility to developers, the City now wishes to repeal -°a Resolution No. 2010-267 and replace it with a development impact fee program with increased a flexibility that is more appropriate given the complexity of modern development projects. ti U) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 0 SAN BERNARDINO AS FOLLOWS: a SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 0 a� SECTION 2. For the construction of new single-family subdivisions, townhomes, and condominium projects of five or more units, and for the construction of new commercial, office, or industrial projects the following fees may be deferred at the request of the owner of the 0- property until the release of utilities is issued or eighteen (18) months from the issuance of the E building permit, whichever is less: Law Enforcement; Regional Circulation System; Local a0, Circulation System; Parkland and Open Space; Library Facilities; Public Meeting Facilities; Q. Aquatics Facilities; and Storm Drain Development. The applicant or owner of the property shall: (1) Enter into a Development Impact Fee Deferral Agreement on a form approved by the City o Attorney; (2) Provide security in a form approved by the City, such as a performance bond equal o to 100% of the development impact fees with the right of the City to make a claim as obligee of v such bond or an irrevocable letter of credit; and (3) Pay any administrative fee set by resolution of the Mayor and City Council to cover the costs associated with processing such deferral. The amount of the development impact fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical a Packet Pg. 507 24.b Resolution No. 2018-294 service may be released at the discretion of the Building Official where necessary for security or maintenance purposes. In such rare cases, no certificate of occupancy may be issued prior to S payment of development impact fees. U SECTION 3. Resolution No. 2010-267 is hereby repealed in its entirety along with any o language in any other resolutions of the Mayor and City Council which conflict with this Resolution. w d 0 SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not N subject to CEQA. co 0 N SECTION 5. Severability. If any provision of this Resolution or the application thereof 6 to any person or circumstance is held invalid, such invalidity shall not affect other provisions or Z c applications, and to this end the provisions of this Resolution are declared to be severable. 0 W SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested 0 by the City Clerk this 17th day of October, 2018. 0 W a 0 a M R. Carey Davis, Mayor City of San Bernardino 0 d Attest: cc w a� 0 Georgeann Hanna, CMC, City Clerk 0 cc a Approved as to form: E c a� E a 0 d Gary D. Saenz, City Attorney 0 0 U d E t v Q Packet Pg. 508 24.b Resolution No. 2018-294 CERTIFICATION S STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss v CITY OF SAN BERNARDINO ) L L d W d I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of 0 Resolution No. , adopted at a regular meeting held at the 17th day of October, 2018 by the following vote: E d Council Members: AYES NAYS ABSTAIN ABSENT N MARQUEZ 00 0 N BARRIOS C z c VALDIVIA 0 U) SHORETT w 0 NICKEL r- 0 a RICHARD -°a MULVIHILL o ti 0 U) d cc WITNESS my hand and official seal of the City of San Bernardino this day of w 2018. o a� a� a 0 cc a Georgeann Hanna, CMC, City Clerk E c a� E a 0 d d 0 ci U d E t v Q Packet Pg. 509 (IMPORTANT NOTE: REPEALS RESO 201.0-247) I 24.c ' COMPANION RESOLUTIONS 20104-266 6 2010-268 ' E 1 RESOLUTION NO. 2010-267 U 2 0 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 3 BERNARDINO RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENTw 4 IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2046-97 AND REPEALINGo RESOLUTION NO. 2010-247. 5 � E 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: N cog SECTION 1: For the construction of new single-family subdivisions, townhomes, anN 9 0 r_ condominium projects of five or more units, and for the construction of new commercial, office l0 0 11 or industrial projects, the following fees established by Resolution No. 2006-97 may be deferre o a 12 at the request of the owner of the property until the release of utilities is issued or eighteen (18 c r_ 0 13months from the issuance of the Building Permit, whichever is less: Law Enforcement Facilities Q 0 14 Q Vehicles, and Equipment; Fire Suppression Facilities, Vehicles, and Equipment; Regional M 15 0 Circulation System; Local Circulation System; Parkland and Open Space Acquisition and Par 16 ti co 1 Improvement; Library Facility and Collection; Public Meeting Facilities; Aquatics Facilities; and o 0 18 Storm Drain Development. The owner of the property shall personally guarantee payment of the c W Q 19 fees, sign documents authorizing the City to place a lien on the property in the amount of the L L 20 m fees, agree to place the payment of the fees in any escrow for the sale of the property, authorizeo 21 m 22 the City to demand payment in any such escrow, and pay an administrative fee set by resolutionUi 23 of the Mayor and Common Council_ The amount of the fees due shall be the amount in effect al C 24 the time of collection of the fees. In no event shall utilities be released until the fees are paid Q CL 25except that electrical service may be released at the discretion of the Building Official whereQ Q 26 0 necessary for security or maintenance purposes. v 27 28 SECTION 2: Resolution No. 2010-247 is hereby repealed. a 111 Q - 1 Packet Pg. 510 2010-267 E I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT 2 IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2006-97 AND REPEALINGc 3 RESOLUTION NO. 2010-247. aT w d 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a regul ° Common Council of the City of San Bernardino at a • Meeting thereof, held on th 5 2nd day of August , 2010, by the following vote, to wit: s � Council Members: AYES NAYS ABSTAIN ABSENT 7co N 8 MARQUEZ x o N 9 DESJARDINS x z° r- 10 BRINKER x o 3 O 1 t SHORETT x W 4- 12 12 O KELLEY x c 13 a JOHNSON x �° 14 Q MC CAMMACK x 15 16 rC `� N 17 City Clerk 0 18The foregoing resolution is hereby approved this ` � day of August 2010. U) 19 ' L 20 d Pa k J. Morris, o 21 of San Bernardino U- 4., 22 CL 23 Approved as to form: 24 d JAMES F. PENMAN, Q O 25 City Attorney > Q 26 a U 27 By: +� Q 28 E Q -2 Packet Pg. 511 25.a xAR,01.o 0 P Staff Report 0 �= City of San Bernardino 0 .gyp 10' Request for Council Action a L Date: October 17, 2018 w U To: Honorable Mayor and City Council Members From: Jim Mulvihill, 7t" Ward Council Member 0 By: Renee Brizuela, Administrative Assistant to City Council ti Subject: Southern California Association of Governments Legislative Update Q Recommendation Receive an oral report by Council Member Mulvihill. Q Background Council Member Mulvihill has been attending the SCAG Regional Council Meetings. J These meetings are held in Los Angeles, CA. Council Member Mulvihill will provide an oral report at this evening's meeting. Discussion Council Member Mulvihill will provide an oral report on the SCAG Regional Council Meetings at this evening's meeting. L Q Mayor, City Council and City Manager Goals and Objectives 0 He attends the SCAG Regional Council Meetings on a monthly basis to gain knowledge 0 for future policy making decisions. It aligns with Goal Number 3 which is to Create, 0 Maintain and Grow Jobs and Economic Value in the City. 0 Fiscal Impact a None. 5 L 0 Conclusion `= It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the oral report. 0 Attachment ) None. 6 U Q E t v ca Q Packet Pg. 512 26.a N Al? Staff Report City of San Bernardino w ND�D i� Request for Council Action L O Date: October 17, 2018 n To: Honorable Mayor and City Council) Members From: Andrea M. Miller, City Manageo By: Jeff Bloom, Interim Community Development Director N Jim Tickemyer, Parks & Recreation Director Q U- Subject: Establishing San Bernardino Arts Fest 2019 as a City Sponsored Event c Recommendation Adopt Resolution No. 2018-290 of the Mayor and City Council of the City of San Bernardino, California, establishing San Bernardino Arts Fest 2019 as a City sponsored m event. n Background The City's third San Bernardino Arts Fest was held on March 24, 2018, and was a resounding success due to the participation of our partners from the San Bernardino Unified School District, San Bernardino County Arts Connection, San Bernardino Valley w College, the Consulate of Guatemala, the Consulate of Mexico, Fine Arts Commission, Ln Parks & Recreation, and the San Manuel Inland Empire 66'ers. The event focused on student and community artwork and drew a wide cross section of artists from across the City including the City School District, Valley College, Cal State, The Garcia Center and C community groups. 0 Discussion N The fourth annual event is tentatively scheduled for Saturday, March 16, 2019, at San Q Manuel 66'ers Stadium. The San Bernardino Arts Fest 2019 has several important goals: a m 1 . Highlight the visual and performing art being produced in the schools and the community 2. Generate interest and economic development activity in Downtown 3. Continue to build a sense of community for residents E 10/10/2018 3:24 PM Packet Pg. 513 26.a The outline for the fourth annual San Bernardino Arts Fest is as follows: • San Bernardino Arts Fest is Saturday, March 16, 2019 from 11 am — 7pm • Open to students, community-based artists, and craft-makers • Partner Programs include San Bernardino Public Library Book Fair, San w' Bernardino Unified School District Superintendent Student Advisory Group and CAPS. 0 • Art will be displayed and for sale in pop-up booths located in the concourse 0 and open spaces of the San Manuel 66er's Stadium cn • The event will host a mix of visual and performance art • 4-5 food trucks will be on-site • Anticipated attendance of 7000 Street life and pedestrian activity are necessary ingredients to revitalize an area. This N event will draw approximately 7,000 participants to the general downtown area. San Bernardino Arts Fest will be marketed to families, students and the general public. This event will build upon the success of the previous three events. a 0 E Initial planning sessions were held on August 22, 2018 and September 26, 2018. Participants from the previous SB Arts Fests were involved in the meetings. Based L upon the initial meetings and feedback from previous events, there is strong support m from a large section of the community to have a fourth event. 2018-19 Goals and Objectives E This event aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City, Goal No. 6: Operate a Fiscally Responsible and Business-Like Manner, and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. w Ln Fiscal Impact The proposed cost to the City for the event is $19,750. The adopted FY 2018/19 operating budget includes $9,000 in various Community Development Department 0 CL Administration Division line items for the Arts Fest 2019 event. The budget needs to be increased by $10,750 to enable full funding of the entire event as presented in Attachment 2. This difference can be addressed through sponsorship opportunities N from interested parties within the community. As a result, it is recommended that the revenue budget also be increased by $10,750 to reflect those anticipated receipts. If U_ these sponsorships are generated, the proposed budget for the Arts Fest 2019 event will not have any more fiscal impact to the City than is already included in the adopted a FY 2018/19 operating budget. y 0 U Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, Q California, adopt Resolution No. 2018-290, establishing San Bernardino Arts Fest 2019 as a City sponsored event. a 10/11/2018 10:18 AM Packet Pg. 514 26.a Attachments Attachment 1 Resolution Attachment 2 2019 Event Proposed Budget Q Ward: w m Synopsis of Previous Council Actions: none w O CL U ca ca 0 N N Q LL N Q O L L Q m IM E W Ln ti L O Q Q r 0 N N Q LL N Q m 0 U Q E t v ca Q 10/11/2018 10:18 AM Packet Pg. 515 26.b Resolution No. 2018-290 RESOLUTION NO. 2018-290 c a� RESOLUTION OF THE MAYOR AND CITY COUNCIL OF w THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING SAN BERNARDINO ARTS FEST 2019 AS r°n A CITY SPONSORED EVENT Q. co a WHEREAS, the City of San Bernardino is working in partnership with the San Bernardino City School District, San Bernardino Valley College, the San Bernardino County c Arts Connection, the Consulate of Guatemala, the Consulate of Mexico, and the Parks & r Recreation Department and the San Manuel Inland Empire 66'ers to create a community and N schools based arts event; and a UL U) WHEREAS, the City and its partners have previously held two highly successful arts a events and wish to hold the third annual arts fest; and c L WHEREAS,the partners are instrumental in creating a successful arts based event. c a� m c NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF co a� THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this w reference. U) o� ti SECTION 2. Pursuant to Development Code Section 19.70.030 (3) San Bernardino Arts Fest to be held on March 16, 2019, is hereby determined to be a City sponsored event that is 0 exempt from the Temporary Use Permit requirements of the Development Code. 0 SECTION 3. The Mayor and City Council approve amending the adopted FY 2018/19 N Operating Budget for the Community Development Department and the related Estimate Revenues by $10,750 to fully fund the expenditures for Arts Fest 2019 and reflect the anticipated o� sponsorships that will subsidize the City's cost for the event. N U) SECTION 4. Severability. If any provision of this Resolution or the application thereof Ui to any person or circumstance is held invalid, such invalidity shall not affect other provisions or a applications, and to this end the provisions of this Resolution are declared to be severable. m co 0 U c d E t v Q Packet Pg. 516 26.b Resolution No. 2018-290 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING SAN BERNARDINO ARTS FEST 2019 AS A > CITY SPONSORED EVENT a� L 0 SECTION 5. Effective Date. This Resolution shall become effective immediately. 00. co a APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this day of , 2018m c o� r O N -W N 0 R. Carey Davis,Mayor N City of San Bernardino a 0 c Attest: c L d m Georgeann Hanna, CMC, City Clerk co a� c T Approved as to form: U) w U) os ti Gary D. Saenz, City Attorney 0 c 0 0 0 U) d of r O N -W N 0 LL N Q m co 0 U c d E t v Q Packet Pg. 517 26.b Resolution No. 2018-290 CERTIFICATION c STATE OF CALIFORNIA) > COUNTY OF SAN BERNARDINO) ss w CITY OF SAN BERNARDINO) 2 0 c 0 a I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of ;, Resolution No. , adopted at a regular meeting held at the day of , 2018 by the v following vote: U) os Council Members: AYES NAYS ABSTAIN ABSENT c N y+ MARQUEZ 0 a� UL U) BARRIOS a 0 c VALDIVIA c L SHORETT m c NICKEL a, c RICHARD T MULVIHILL w U) rn ti WITNESS my hand and official seal of the City of San Bernardino this day of 2018. .0a c 0 0 0 Georgeann Hanna, CMC, City Clerk of r O N -b.- U) +N 0 LL N Q m co 0 U c d E t v Q Packet Pg. 518 26.c S A N B E R N A R D I N D FEST 0 N ++ N d LL N Description Proposed 0 Venue* $5,525.00 �a L Stage Rental * $3,000.00 m Street Banners Updates (2) $500.00 v� IM S Printing $1,800.00 • Brochures (5,000) • Flyers (1000) • Postcards (5000) * W • Posters(1000) * Ln ti Marketing / Community Outreach $5,500.00 • Newspaper * o • Radio Q • Facebook Ads 3 m Platinum Security $2,000.00 Q U) Polos / T-Shirts $200.00 c L Lanyards $500.00 Q Contingency / Hospitality $725.00 E • Water* �a • Snacks* a • Set Up Supplies 0 N Total: $19,750.00 Li Budgeted this Year: $9,000.00 Q m Budget Deficit / Sponsorship Opportunity * $10,750.00 �? 0 U m >_ t v ca Q Packet Pg. 519 27.a WARDf�O Staff Report Y � City of San Bernardino .�� Request for Council Action d Date: October 17, 2018 To: Honorable Mayor and City Council Members > From: Andrea M. Miller, City Manage � Subject: Procedures for Filling Mayoral and City Council Vacancies M L Recommendation C 1. Adopt Urgency Ordinance No. MC-1508 (URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR L FILLING CITY COUNCIL AND MAYOR VACANCIES) Establishing Procedures ° for Filling City Council and Mayoral Vacancies and Read By Title Only, Waive L Further Reading, and Introduce Ordinance No. MC-1509 (ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, c CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN a BERNARDINO MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR FILLING CITY COUNCIL AND MAYOR VACANCIES) Establishing Procedures for Filling City Council and Mayoral Vacancies; or 2. Review, discuss, and provide direction to staff regarding the desired procedures v for filling City Council and Mayoral vacancies. Q Background San Bernardino City Charter, Section 307(b) states, "The method of filling [Council or > Mayor] vacancies shall be as prescribed by ordinance." In light of the upcoming election, where it is possible that City Council seats will be vacated, the adoption of an ordinance specifying how vacancies can be filled is necessary and appropriate. U In adopting the ordinance to specific the procedures for filling vacancies, the Mayor and City Council has a wide degree of latitude. For example, the Mayor and City Council E may follow general law or may choose to establish another process. General Law If the Mayor and City Council chooses to follow general law, when a non-Mayor vacancy occurs, the City Council must, within 60 days of the vacancy, fill the vacancy either by 10/12/2018 11:45 AM Packet Pg. 520 27.a appointment or by calling a special election. (Gov. Code § 36512(b)). The following would apply: ■ Special Election — If the City Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds y office for the unexpired term of the former incumbent. ■ If the City Council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: — 3 (A) If the vacancy occurs in the first half of a term of office and at least U 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (B) If the vacancy occurs in the first half of a term of office, but less L than 130 days prior to the next general municipal election, or if the ° vacancy occurs in the second half of a term of office, the person L appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent." (Gov. Code §36512(b)) c L a If the seat of the Mayor becomes vacant, "the council shall fill the vacancy by appointment. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the CO unexpired term of the former incumbent." (Gov. Code § 34902) If the City Council wishes to follow this process, City staff has prepared an urgency ordinance for adoption along with a regular ordinance for introduction. > The basis for such urgency ordinance is that the filling of City Council and Mayoral vacancies is necessary to ensure the proper functioning of the government of the City. Having every seat on the City Council and the seat of the Mayor is important to having quorum for meetings and making decisions about all types of governmental matters that affect the City on a daily basis. Having every seat on the City Council and the seat of E the Mayor filled is necessary for the immediate preservation of public peace, health, and safety as important governmental decisions sometimes cannot be made or adjudicated a when there are vacant seats. In addition, the ward system of the City Council is designed to provide each area of the City with appropriate representation on the City Council. If one ward's seat remains unfilled for an extended period of time, it would be disadvantageous to that area of the City. 10/12/2018 11:51 AM Packet Pg. 521 27.a Alternative Processes for Consideration An alternative to following general law in addressing vacancies would be to establish the City's own process. This must be accomplished by ordinance. The following information identifies the processes used by a variety of other charter cities in the event of a vacancy. Q 1. Santa Ana In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so — appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such U appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy. 0 2. Riverside A vacancy in an elective office, from whatever cause arising, except in the event of a S successful recall, shall be filled by appointment by the City Council, such appointee to L hold office until the first Tuesday following the next general municipal election and until w his successor qualifies. At the next general municipal election following any vacancy, a L successor shall be elected to serve for the remainder of any unexpired term. 0 0 L cfl The City Council shall declare the existence of any vacancy. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall have been so declared vacant, it shall cause an election to be held forthwith to fill such vacancy. Q 3. Anaheim A vacancy in the office of Mayor or on the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the > first Tuesday following the next general municipal election and until his or her successor qualifies. An appointee to the office of Mayor or to the office of member of the City 0 Council shall have the qualifications for that office as set forth in Section 501; provided, however, that the vacancy of a City Council member elected at large may be filled without regard to District residency. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor. a 10/12/2018 11:51 AM Packet Pg. 522 27.a In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term. 4. Bakersfield Vacancies in the Council shall be filled in the following manner, except when caused by recall election. If a vacancy occurs in the Council at a time less than six months prior to 2 the date of the next general election for the vacant council seat, the Council shall fill the vacancy by appointment for the remainder of the unexpired term. If a vacancy occurs in the Council at a time more than six months prior to the date of the next general election for the vacant Council seat, a petition requesting a special election may be filed with the Council. Such petition must contain the signatures of qualified electors of the ward U equal in number to not less than twenty-five percent of the vote cast for Councilmanic candidates of that ward at the last general election, and the signatures thereto shall be verified and certified in the same manner as provided for petitions for recall elections. If the petition is valid the Council shall call a special election to fill the vacancy, to be held not less than ninety days nor more than one hundred eighty days following the certification of the petition to the Council. In the event that a valid petition requesting a special election is filed, the Council may within two weeks after the petition is filed, make an interim appointment to fill the vacancy, until the results of the election are certified. If no petition requesting a special election is filed within four weeks after the L vacancy occurs, the Council shall fill the vacancy by appointment or by special election w for the remainder of the unexpired term. L 3 5. Glendale c Any vacancy occurring in the council shall be filled by a majority vote of the remaining a members of the council or by special election called by the council as required herein. Any vacancy occurring in any other elective office shall be filled by a majority vote of the whole council. The person appointed to fill a vacancy in any elective office shall serve until his successor is elected and qualified; provided, that where the term of the office to which r_ such person is appointed expires on the second Monday following the next general 0 municipal election to be held after the occurring of the vacancy, such personal shall > serve for the remainder of the unexpired term. 3 O If the term of the office to which such person is appointed does not expire on the second Monday following the next general municipal election to be held after the occurring of the vacancy, and the nomination period for the next general municipal election has not commenced, then at said next general municipal election a successor shall be elected, E otherwise, such personal so appointed shall hold office for the remainder of the unexpired term. a Council shall make an appointment within thirty days of the vacancy. If an appointment is not made within thirty days, then council shall immediately call for a special election to be held within one hundred twenty (120) days for the purpose of filling such vacancy, 10/12/2018 11:51 AM Packet Pg. 523 27.a unless the earliest next general election is no more than one hundred eighty (180) days from the call for special election. If the City Council wishes to suggest an alternative process, such as those outlined above, the City Council should provide direction to staff to bring a draft ordinance forward at the next regular meeting. 2 2018-2019 Goals and Objectives Establishing an ordinance that establishes a process whereby vacancies in elected officials positions supports the Mayor and City Council's goals to improve government — operations (Goal No. 5) and operate in a fiscally responsible and business-like manner (Goal No. 6). 0 U Fiscal Impact There is no direct financial impact related to this discussion. Conclusion 0 Staff recommends that the City Council either: (1) Adopt Urgency Ordinance No. MC- 1508 Establishing Procedures for Filling City Council and Mayoral Vacancies and Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1509 Establishing Procedures for Filling City Council and Mayoral Vacancies; or (2) Review, L discuss, and provide direction to staff regarding the desired procedures for filling City w Council and Mayoral vacancies. 2 Attachments 0 Attachment 1 Urgency Ordinance MC-1508 0 a. Attachment 2 Ordinance MC-1509 ti Ward: All Synopsis of Previous Council Actions:The Voters adopted the City Charter on November 8, 2016 including Section 307(b),which requires the City to prescribe the method for filling vacancies by r_ ca ordinance. ca 0 U U Q E t v ca Q 10/12/2018 11:51 AM Packet Pg. 524 27.b URGENCY ORDINANCE NO. MC-1508 URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, c CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, > ESTABLISHING PROCEDURES FOR FILLING CITY COUNCIL AND MAYOR VACANCIES o' U a WHEREAS, from time to time, it is possible that vacancies will be created in the offices v of Mayor and City Council; and WHEREAS,it is not in the best interests of the City and the residents of the City to leave 0 such offices vacant for an extended period of time; and as WHEREAS, Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for City Council seats or the seat of the Mayor UL shall be as prescribed by ordinance; and ,0 U) P WHEREAS, Government Code Section 36937(a) authorizes the City Council to adopt urgency ordinances that are effective immediately,when necessary, related to elections; and 0 L a WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt to urgency ordinances that are effective immediately, when necessary, for the immediate preservation of public peace,health, and safety; and as WHEREAS, Government Code Section 36937(b) requires that urgency ordinances be passed by four-fifths of the City Council; and O WHEREAS, the City Council desires to adopt the procedures set out in the Government Code for the purposes of filling Mayoral and City Council vacancies. OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 0 0 SECTION 2. The City Council hereby finds that this Urgency Ordinance regarding V filling vacancies is necessary to ensure the proper functioning of the government of the City. v Having every seat on the City Council and the seat of the Mayor is important to having quorum for meetings and making decisions about all types of governmental matters that affect the City E on a daily basis. Having every seat on the City Council and the seat of the Mayor filled is necessary for the immediate preservation of public peace, health, and safety as important a governmental decisions sometimes cannot be made or adjudicated when there are vacant seats. In addition, the ward system of the City Council is designed to provide each area of the City with Packet Pg. 525 27.b Urgency Ordinance No. MC-1508 appropriate representation on the City Council. If one ward's seat remains unfilled for an extended period of time, it would be disadvantageous to that area of the City. SECTION 3. Chapter 2.03 is hereby added to Title 2 of the City of San Bernardino Municipal Code to read, in its entirety, as follows: c rr Chapter 2.03 > Vacancies c 0 Sections: v a 2.03.010 Vacancies v 2.03.010 Vacancies L 0 Any vacancy in any seat of the City Council or the seat of the Mayor shall be filled in accordance with the Government Code Sections 36512 and 34902, as these provisions are amended from time to time." UL SECTION 4. The City Council finds this Urgency Ordinance is not subject to the ,o California Environmental Quality Act (CEQA) in that the activity is covered by the general rule L 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 ° a subject to CEQA. ti SECTION 5. Severability. If any provision of this Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect v other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. L 0 SECTION 6. Effective Date. This Urgency Ordinance, as adopted by the necessary � four-fifths (4/5) vote of the members of this City Council and in accordance with Government a, L Code Sections 36934 and 36937, shall become effective immediately upon adoption. vi a� SECTION 7. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Urgency Ordinance. No later than fifteen (15) days following the passage of this Urgency Ordinance, the Urgency Ordinance, along with the names of the City Council members voting for and against it, shall be published in a newspaper of general circulation published in the City in accordance with Government Code section 36933. 0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested v by the City Clerk this 17th day of October, 2018. E R. Carey Davis,Mayor City of San Bernardino 2 Packet Pg. 526 27.b Urgency Ordinance No. MC-1508 Attest: Georgeann Hanna, CMC, City Clerk Q ca ca Approved as to form: O Gary D. Saenz, City Attorney U L O C� C EM LL L O W d L 3 d V O L a cfl ti d L O V d L d IJ r- cc V 3 O U U Q E t v Q 3 Packet Pg. 527 27.b Urgency Ordinance No. MC-1508 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss a CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC , adopted by the City Council of the City of San Bernardino, v California, at a regular meeting held the 17th day of October 2018 by the following vote: U Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ 0 BARRIOS VALDIVIA UL I- 0 0 W SHORETT d 2 NICKEL 0 L a RICHARD ti MULVIHILL d WITNESS my hand and official seal of the City of San Bernardino this day of 2018. 0 d OFL Georgeann Hanna, CMC, City Clerk c c 0 0 U U d t v Q 4 Packet Pg. 528 27.c ORDINANCE NO. MC-1509 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 2.03 TO TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING c PROCEDURES FOR FILLING CITY COUNCIL AND MAYOR VACANCIES — c WHEREAS, from time to time, it is possible that vacancies will be created in the offices v of Mayor and City Council; and U WHEREAS,it is not in the best interests of the City and the residents of the City to leave such offices vacant for an extended period of time; and ,—Lc 0 a WHEREAS, Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for City Council seats or the seat of the Mayor shall be as prescribed by ordinance; and iL L WHEREAS, the City Council desires to adopt the procedures set out in the Government 0 U) Code for the purposes of filling Mayoral and City Council vacancies. a� THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO c L ORDAIN AS FOLLOWS: a �o o� SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. c SECTION 2. Chapter 2.03 is hereby added to Title 2 of the City of San Bernardino c Municipal Code to read, in its entirety, as follows: 0 vi Chapter 2.03 Vacancies c Sections: — 2.03.010 Vacancies 3 0 U 2.03.010 Vacancies v Any vacancy in any seat of the City Council or the seat of the Mayor shall be filled in a accordance with the Government Code Sections 36512 and 34902, as these provisions are amended from time to time." SECTION 3. The City Council finds this Ordinance is not subject to the California Environmental Quality Act(CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Packet Pg. 529 27.c Ordinance No. MC-1509 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 v^, 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. 0 U SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certifyto the adoption of this ordinance and cause publication to occur in a newspaper of general p pg � circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. 0 a APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2018. LL I- 0 0 W U) R. Carey Davis, Mayor 3 City of San Bernardino Attest: o L a co os Georgeann Hanna, CMC, City Clerk a� c Approved as to form: S L 0 d Gary D. Saenz, City Attorney 0 0 U U d E t v Q 2 Packet Pg. 530 27.c Ordinance No. MC-1509 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) c I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 17th day of October 2018. Ordinance No. MC was approved, passed and adopted at a regular meeting held the day of , 2018 by the v following vote: U Council Members: AYES NAYS ABSTAIN ABSENT L MARQUEZ °>, BARRIOS UL VALDIVIA L O W U) SHORETT L a� NICKEL o L a RICHARD os ti MULVIHILL c c WITNESS my hand and official seal of the City of San Bernardino this day of p 2018. c Georgeann Hanna, CMC, City Clerk 3 O U U d E t v Q 3 Packet Pg. 531