HomeMy WebLinkAbout12-05-2018 Agenda BackupCITY 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, DECEMBER 5, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Virginia Marquez R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios
Andrea M. Miller
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak
to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish
to speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 2 Printed 12/5/2018
o
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Virginia Marquez
Council Member, Ward 2 Benito Barrios
Council Member, Ward 3 John Valdivia
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor R. Carey Davis
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. No member of the public shall
be permitted to “share” his/her three minutes with any other member of the public.
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation – Government Code Section 54956.9(d)(2):
One or more cases
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Special Recognition – Loma Linda Animal Hospital 50th Anniversary
2. Chamber of Commerce & Local Elected Officials Announcements
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and City Council on any item on the agenda. There is no limit to the number of
items that may be discussed within the three-minute time limit. To be called on by the
Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the
meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org
prior to the beginning of the meeting. Emailed requests to speak will not be accepted from
anyone but the person requesting to speak.
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 3 Printed 12/5/2018
CONSENT CALENDAR
There will be no separate discussion of Consent Calendar items unless a Council
member requests that the item be considered in its normal sequence on the agenda.
Public comment on Consent Calendar items is limited to three minutes total per
person. There is no limit on the items that can be discussed within that time.
3. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated December 5, 2018.
4. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
November 2018.
5. Cooperative Agreement with County of San Bernardino for Conejo Drive
Storm Drain Improvements at 39th Street
Recommendation: Adopt Resolution No. 2018-309 of the Mayor and City
Council of the City of San Bernardino, California,
approving the Cooperative Agreement with the
County of San Bernardino for Conejo Drive Storm
Drain Improvements at 39th Street (SD19-001).
6. Agreement with Engineering Resources of Southern California, Inc. for
Environmental Clearance and Preparation of Plans Specifications &
Estimate for the State Street Extension Phase 1 between Baseline Street
and 15th Street
Recommendation: Adopt Resolution No. 2018-310 of the Mayor and City
Council of the City of San Bernardino, California,
awarding an Agreement to Engineering Resources of
Southern California, Inc. to provide Environmental
Clearance under the California Environmental Quality
Act (CEQA) and preparation of Plans Specifications
and Estimate (PS&E) for State Street Extension
Phase 1 between Baseline Street and 16th Street
(SS04-009).
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 4 Printed 12/5/2018
7. Agreement with Engineering Resources of Southern California Inc. for
Sierra Way Storm Drain
Recommendation: Adopt Resolution No. 2018-311 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a design contract with
Engineering Resources of Southern California, Inc. in
the amount of $190,000 for Sierra Way Storm Drain
project.
8. 2019 Legislative and Regulatory Platform and Receive Legislative Update
Recommendation: Approve the 2019 Legislative and Regulatory Platform
and receive and file a legislative update.
9. Imposing Liens to Recover Costs for Code Enforcement Abatement
Recommendation: Adopt Resolution No. 2018-312 of the Mayor and City
Council of the City of San Bernardino, California,
imposing liens on certain real property located within
the City San Bernardino for the costs of public
nuisance abatements.
10. Authorize the purchase of Hosted Microsoft Exchange Email from
Connections in an Amount Not to Exceed $59,024
Recommendation: Authorize the City Manager or her designee to
execute documents for the purchase of hosted
Microsoft Exchange from Connections in an amount
not to exceed $53,659.20.
11. Agreement with TruStar Energy LLC for Fuel Station Upgrades at the City
Yard, Amending the FY 2018/19 Budget with the MSRC-AQMD Grant, and
Internally Borrowed Funds from Integrated Waste
Recommendation: Adopt Resolution No. 2018-299 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a design-build contract with
TruStar Energy LLC, in the amount of $2,195,427 for
Fuel Station Upgrades at the City Yard; authorizing
the City Manager to execute the contingency in the
amount of $204,573; authorizing the execution of an
inter-fund loan using Integrated Waste Funds (527);
authorizing the Finance Director to amend the FY
2018/19 Adopted Budget to allocate the MSRC-
AQMD grant and Integrated Waste funding to the
project; and authorizing the City Manager or designee
to expend the contingency fund, if necessary to
complete the project.
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 5 Printed 12/5/2018
12. Increase to PO with West Coast Arborists
Recommendation: Adopt Resolution No. 2018-301 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing and directing the City Manager to
authorize a Third Amendment of the Vendor Services
Agreement With West Coast Arborists, Inc. and
increase Purchase Order No. 2019-167 for the cycle
pruning (grid trimming) of trees Citywide and other
related tree services.
13. Interim Director of Finance (U) Employment Agreement and Appointment
Recommendation: Adopt Resolution No. 2018-313 of the Mayor and City
Council of the City of San Bernardino, California,
appointing Rita Conrad as Interim Director of Finance
(U) under government code section 21221(h).
14. Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue
Recommendation: Authorize the City Manager to execute a P urchase
and Sale Agreement and Joint Escrow Instructions
between the Successor Agency and Mr. Bennie
Benton with respect to the real property located on
1256 Wall Avenue, San Bernardino, California (APN
0146-241-07), and approving certain related actions.
15. Final Reading and Adoption - Amendment of Chapter 10.52 of the San
Bernardino Municipal Code to Reduce the Speed Limit on Arrowhead Avenue
between Highland Avenue and Thompson Place from 45 mph to 35 mph
Recommendation: Adopt Ordinance MC-1501 1502 of the Mayor and
City Council of the City of San Bernardino, California,
amending Chapter 10.52 of the San Bernardino
Municipal Code to reduce the speed limit on
Arrowhead Avenue between Highland Avenue and
Thompson Place from forty-five miles per hour to
thirty-five miles per hour and authorize staff to
implement striping modification.
STAFF REPORTS
16. Public Works Department Reorganization
Recommendation: Adopt Resolution No. 2018-314 of the Mayor and City
Council of the City of San Bernardino, California to:
1). transfer operations and personnel from the Parks,
Recreation and Community Services Department and
Community and Economic Development Department
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 6 Printed 12/5/2018
to the Public Works Department; 2). reclassify
positions within the Public Works Department; 3).
delete, amend and approve classifications and job
descriptions; 4). amend the full-time salary schedule
adopted by Resolution No. 2018-181; 5). amend the
part-time salary schedule adopted by Resolution
No.2018-135; and 6). amend the fiscal year 2018/19
budget to reflect these actions. This Resolution will
be effective January 1, 2019.
17. Violence Intervention Program (VIP) Update and Supportive Service
Professional Services Agreements
Recommendation: Authorize the City Manager to execute professional
service agreements with Clay Counseling Solutions,
Inc., Victory Outreach of San Bernardino, and Young
Visionaries Youth Leadership Academy to provide
supportive services for the City's Violence Intervention
Program (VIP).
18. Capital Improvement Work Plan Update for FY 2018/19
Recommendation: Receive and file the Work Plan Update on the FY
2018/19 Capital Improvement Program.
PUBLIC HEARINGS
19. Substantial Amendment to FY 2018/19 Action Plan
Recommendation: 1. Adopt a Substantial Amendment to the FY
2018/19 Action Plan; and
2. Authorize the Director of Finance or his designee
to revise the FY 2018/19 Budget pursuant to the
Substantial Amendment to the FY 2018/19 Action
Plan.
20. Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-
1510 Amending Chapter 2.03 to Title 2 of the Municipal Code, Establishing
Procedures for Filling Mayoral Vacancies
Recommendation: Read By Title Only, Waive Further Reading, and
Introduce Ordinance No. MC-1510 of the Mayor and
City Council of the City of San Bernardino, California,
amending Chapter 2.03 to Title 2 of the San
Bernardino Municipal Code, establishing procedures
for filling Mayor vacancies.
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 7 Printed 12/5/2018
PRESENTATIONS (CONTINUED)
21. Recognition of Dedicated Service – Mayor R. Carey Davis, Council Member
Virginia Marquez, Council Member Benito Barrios, and Council Member
John Valdivia
22. 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, December 19, 2018 in the Council Chamber located
at 201 North “E” Street, San Bernardino, California 92401. Closed Session will
begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, CMC, City Clerk f or the City of San Bernardino, California,
hereby certify that the agenda for the December 5, 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, November 30, 2018.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, CMC, City Clerk
Joint Regular Meeting Agenda December 5, 2018
Mayor and City Council of the City of San Bernardino Page 8 Printed 12/5/2018
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 lim it 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 otherwi se
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: December 5, 2018
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Waive Full Reading of Resolutions and Ordinances
Recommendation:
Waive full reading of Resolutions and Ordinances on the agenda dated December 5,
2018.
3.a
Packet Pg. 9 Attachment: Waive Reading.Report_December 5 (5836 : Waive Full Reading of Resolutions and Ordinances)
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Packet Pg. 10 Attachment: FN APPROVAL OF PAYROLL.staff report (5837 : City Council Approval of Commercial and Payroll Checks)
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Packet Pg. 11 Attachment: FN APPROVAL OF PAYROLL.staff report (5837 : City Council Approval of Commercial and Payroll Checks)
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Packet Pg. 12 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial
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Packet Pg. 58 Attachment: FN.Commercial Checks & Payroll. Register #29 (5837 : City Council Approval of Commercial
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Packet Pg. 59 Attachment: FN.Payroll Summary Reports BW-22 (5837 : City Council Approval of Commercial and Payroll Checks)
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Packet Pg. 60 Attachment: PW.SB COUNTY AGREEMENT FOR CANEJO STORM DRAIN-STAFF REPORT (5839 : Cooperative Agreement with County of San
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Packet Pg. 61 Attachment: PW.SB COUNTY AGREEMENT FOR CANEJO STORM DRAIN-STAFF REPORT (5839 : Cooperative Agreement with County of San
Resolution No. 2018-309
RESOLUTION NO. 2018-309 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE COOPERATIVE AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO FOR CONEJO
DRIVE STORM DRAIN IMPROVEMENTS AT 39TH
STREET (SD19-001).
WHEREAS, Conejo Drive and 39th Street intersection is a joint jurisdiction between the
City of San Bernardino (City) and the County of San Bernardino (County); and
WHEREAS, the existing storm drain at this intersection is not working effectively,
causing flooding in the area. To improve the storm drain system, County is proposing a
cooperative project for the intersection shared by the two municipal agencies.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute the agreement subject to minor edits to be negotiated by the City Attorney’s Office with
San Bernardino County Transportation Authority, a copy of which is attached as Exhibit “A” and
incorporated herein.
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
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 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.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
5.b
Packet Pg. 62 Attachment: PW.SB County Agreement for Canejo Storm Drain.01-Attachment 1-Resolution (5839 : Cooperative Agreement with County of San
Resolution No. 2018-309
APPROVED and ADOPTED by the by the Mayor and City Council and signed by the
Mayor and attested by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
5.b
Packet Pg. 63 Attachment: PW.SB County Agreement for Canejo Storm Drain.01-Attachment 1-Resolution (5839 : Cooperative Agreement with County of San
Resolution No. 2018-309
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
5.b
Packet Pg. 64 Attachment: PW.SB County Agreement for Canejo Storm Drain.01-Attachment 1-Resolution (5839 : Cooperative Agreement with County of San
Exhibit ‘A’
Public Works
Department Contract Representative Sundaramoorthy (Sri) Srirajan,
P.E., Chief
Telephone Number (909) 387-8166
Contractor City of San Bernardino
Contractor Representative Alex Qishta, P.E.
Telephone Number (909) 384-5019
Contract Term 10/2/18 – 10/31/2021
Original Contract Amount $20,000
Amendment Amount
Total Contract Amount $20,000
Cost Center 650002000 H14960
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, the County of San Bernardino (COUNTY) and the City of San Bernardino (CITY)
(COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”)
desire to cooperate and jointly participate in the removal and replacement of a storm drain at the intersection
of 39th Street and Conejo Drive (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is located in the unincorporated area of the COUNTY and the incorporated
area of the CITY; and
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract
with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of
CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets
and roads; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient
maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and
WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY Gas Tax
funds and CITY’s share of PROJECT costs will be financed through its local funds; and
WHEREAS, the total PROJECT cost is estimated to be $195,000; and
Contract Number
SAP Number
Standard Contract Page 1 of 8
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Packet Pg. 65 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative
WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $175,000 and the CITY’s share of
PROJECT cost is estimated at $20,000, as more particularly set forth in Exhibit “A”, which is attached hereto
and incorporated herein by this reference; and
WHEREAS, the above-described costs are proportioned based on the work to be performed in each
Party’s jurisdiction; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they
pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design, utility potholing, right-of-way engineering, California
Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.)
and construction of the PROJECT. Right-of-way engineering work includes right-of-way
document research, right-of-way drafting (line work) for engineering documentation/maps, and
verification that there is sufficient right-of-way for the PROJECT. Provide plans and
specifications for the PROJECT for CITY’s review and approval.
1.2 At its own cost and not included in this PROJECT cost, perform any and all right-of-way
acquisition related work for the storm drain replacement and removal inside the unincorporated
COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way
acquisition related work for the storm drain removal and replacement may include, but is not
limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition,
temporary construction easements, permit to enter and construct, utility easements, , legal
negotiations, eminent domain proceedings, property settlements, and all right-of-way capital
costs (actual cost of right-of-way).
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of
COUNTY, which have been reviewed and approved by CITY.
1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
entire PROJECT limits, subject to paragraph 3.8 below.
1.5 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way.
1.6 Advertise, award and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to the COUNTY; and initially fund
the PROJECT construction costs with CITY reimbursing COUNTY for its share of cost upon
PROJECT completion.
1.7 Require its contractor to maintain and to comply throughout the term of any contract awarded by
COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-
07SP.
1.8 Provide adequate inspection of all items of work performed under the construction contract(s)
with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records
of inspection and materials testing for review by CITY. COUNTY shall provide copies of any
records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of
written demand from CITY for such records. This shall be included as a PROJECT cost.
1.9 Calculate overall PROJECT COUNTY/CITY share based on the final construction contract cost,
which shall include changes made to COUNTY and/or CITY jurisdictions pursuant to
paragraphs 3.6, 3.7, 3.8 and 3.9 below. Calculation of PROJECT costs shall be based on work
performed within each party’s jurisdiction.
1.10 Based on the COUNTY percentage calculated pursuant to paragraph 1.9, pay its share of the
actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design,
utility potholing, right-of way engineering, construction, construction engineering, inspection,
CEQA compliance, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is
estimated to be $175,000 and shall not exceed $218,750 (25% increase over the COUNTY’s
PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph
3.16.
Revised 10/18/17 Page 2 of 8
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1.11 Upon CITY’s and COUNTY’s acceptance of the PROJECT, submit to CITY an itemized
accounting of actual PROJECT costs incurred by COUNTY and an invoice for CITY’s share of
the actual PROJECT costs relative to work performed in the CITY’s jurisdiction. Said invoice
shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate
documentation of said expenditure and a copy of the overall CITY/COUNTY share calculation
spreadsheet.
2.0 CITY AGREES TO:
2.1 Review and approve the plans and specifications of the PROJECT.
2.2 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.3 Based on CITY percentage calculated pursuant to paragraph 1.9, pay to the COUNTY, on a
reimbursement basis, its share of the actual PROJECT costs. The actual PROJECT costs shall
include the cost of PROJECT design, utility potholing, right-of-way engineering, construction,
construction engineering, inspection, CEQA compliance, and COUNTY overhead costs. CITY’s
share of PROJECT costs is currently estimated to be $20,000 and shall not exceed $25,000
(25% increase over the PROJECT cost estimate) absent a written amendment to this
Agreement pursuant to paragraph 3.16. CITY shall be responsible for the sum of $20,000, plus
its jurisdictional share of any PROJECT cost changes, pursuant to paragraph 1.9 above. Upon
CITY’s review and approval of invoice, CITY shall pay such costs within sixty (60) days after
receipt of the itemized invoice as set forth in paragraph 1.11 of this Agreement.
2.4 Provide a representative who shall have the authority to discuss and attempt to resolve issues
concerning the PROJECT with the COUNTY.
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY and its officers, employees, agents,
and volunteers from any and all claims, actions or losses, damages, and/or liability resulting
from COUNTY’s negligent acts or omissions which arise from COUNTY’s performance of its
obligations under this Agreement.
3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the
COUNTY and its officers, employees, agents and volunteers from any and all claims, actions,
losses, damages and/or liability arising out of its obligations under this Agreement.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
3.4 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s)
fees relative to paragraphs 3.1, 3.2 and 3.3.
3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that
through their respective programs of self-insurance they have adequate coverage or resources
to protect against liabilities arising out of COUNTY and CITY’s performance of the terms,
conditions or obligations of this Agreement.
3.6 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates
of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional
PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or
arising from unforeseen site conditions, including utility relocation (but not from requested
additional work by the COUNTY or CITY, which is addressed in paragraph 3.7 below)) over the
estimated total of the PROJECT’s cost of $195,000 (which is the sum of $175,000 from
COUNTY and $20,000 from CITY) shall be borne by each PARTY based upon where the work
is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction).
3.7 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said
work, if approved by both Parties will be paid solely by the party requesting the work.
3.8 In the case wherein one of the Parties owns a utility that needs to be relocated for the
PROJECT and that Party does not have prior rights for that utility, it will be the sole
responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as
a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost
Revised 10/18/17 Page 3 of 8
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based on that utility having prior rights, the relocation of the utility will be included as a
PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located
within their respective boundaries.
3.9 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s
designee, that a cost overrun of more than 25% of the estimated total of the PROJECT costs
will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall
endeavor to agree upon an alternative course of action, including amending the amounts and
Exhibit A with revised cost estimates. If, after thirty (30) days of COUNTY notice, an alternative
course of action is not mutually agreed upon in writing between the COUNTY and CITY, this
Agreement shall be deemed to be terminated by mutual consent.
3.10 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either
Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall
notify the other Party at a reasonable time prior to the awarding of a contract to construct the
PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor.
3.11 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid
amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the
contract.
3.12 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over
25% more than the construction cost shown in Exhibit A, COUNTY shall not award the contract
unless: 1) COUNTY receives written permission from the CITY’s Director of Public Works or
designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the
award of the construction contract. If the above described conditions are not met, COUNTY and
CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the
PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not
mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual
consent.
3.13 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in Exhibit “B”, which is attached hereto and
incorporated herein by this reference, and approved by both COUNTY and CITY. Contract
change order forms will be delivered by fax and must be returned within two (2) days. The CITY
shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified
change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for
any costs, awards, judgments or settlements associated with the disapproved or modified
change order.
3.14 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party,
provided however, that neither Party may cancel this Agreement after COUNTY awards a
contract to construct the PROJECT. In the event of cancellation as provided herein, including
termination pursuant to paragraphs 3.9, 3.10 and 3.12 above, all PROJECT expenses incurred
prior to the effective date of cancellation/termination shall be paid by the Parties in the same
proportion to their contribution for the PROJECT. The Parties recognize and agree that the
provisions governing utility relocation and construction are dependent upon the Parties first
satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or
without cause, before, during and after CEQA review/approval.
3.15 Except as provided in paragraph 3.14, and except for the Parties’ operation, maintenance and
indemnification obligations contained herein which shall survive termination, this Agreement
shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its
share of the PROJECT costs.
3.16 This Agreement contains the entire agreement of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.17 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement or the
PROJECT, shall be instituted and tried in the appropriate state court, located in the County of
San Bernardino, California.
Revised 10/18/17 Page 4 of 8
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3.18 Time is of the essence for each and every provision of this Agreement.
3.19 Since the Parties or their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair meaning, and not
strictly for or against any Party. Any term referencing time, days or period for performance shall
be deemed COUNTY work days. The captions of the various articles and paragraphs are for
convenience and ease or reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.20 No waiver of any default shall constitute a waiver of any other default or breach, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
3.21 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless
the purpose of this Agreement is frustrated.
3.22 This Agreement may be signed in counterparts, each of which shall constitute an original.
3.23 This Agreement will be effective on the date signed and approved by both Parties and shall
conclude upon satisfaction of the terms identified in paragraph 3.15 or October 31, 2021
(whichever occurs first).
3.24 The Recitals are incorporated into the body of this Agreement.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
Parties.
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
Revised 10/18/17 Page 5 of 8
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City of San Bernardino
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Scott M. Runyan, Deputy County Counsel Mohammad Ali, P.E., Chief Kevin Blakeslee, Department Head
Date Date Date
COUNTY OF SAN BERNARDINO (Print or type name of corporation, company, contractor, etc.)
By
Robert A. Lovingood, Chairman, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name Andrea M. Miller
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Laura H. Welch
Clerk of the Board of Supervisors
of the County of San Bernardino
(Print or Type)
By Dated:
Deputy Address 290 North D Street
San Bernardino, CA 92401
Revised 10/18/17 Page 6 of 8
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EXHIBIT A
ESTIMATE OF PROJECT COSTS
FOR COUNTY OF SAN BERNARDINO/ CITY OF SAN BERNARDINO
STORM DRAIN REPLACEMENT PROJECT
IN THE SAN BERNARDINO AREA
DESCRIPTION AMOUNT
COUNTY OF SAN
BERNARDINO
SHARE
CITY OF SAN
BERNARDINO SHARE
Construction $145,000 $130,000 $15,000
All Other Costs Such as
Preliminary Engineering,
Design, Environmental
Clearance, Construction
Engineering, etc
$50,000 $45,000 $5,000
TOTAL $195,000 $175,000 $20,000
Revised 10/18/17 Page 7 of 8
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EXHIBIT B
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT: 39TH STREET STORM DRAIN REPLACEMENT
CITY OF SAN BERNARDINO CONTRACT #
File: H14960
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City
of San Bernardino and County of San Bernardino for the above project and the following shall apply:
DATE OF CITY OF SAN BERNARDINO ACTION: ____/____/____
APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO
APPROVED Subject to Comments/Revisions Accompanying This Document
APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
______% of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO Participation Not to Exceed $ _________________________
DISAPPROVED -Not Acceptable to COUNTY OF SAN BERNARDINO
Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the
total financial participation beyond that prescribed in the existing CITY OF SAN BERNARDINO and COUNTY
agreement without a separate amendment to said agreement. Net increases in costs deriving from this and
previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of
the authorized contract total and contingency amounts.
Comments, as follows and/or attached, are conditions of the above action? YES NO
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
SIGNED: _______________________________________________
TITLE: _________________________________________________
Distribution:
Signed Original Returned to CITY OF SAN BERNARDINO
Signed Original for COUNTY OF SAN BERNARDINO File
Revised 10/18/17 Page 8 of 8
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COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKSYard 5_San Bernardino AreaSan Bernardino Area LOCATION MAPStorm Drain Replacement39thStreet at Conejo DriveReplace existing pipeSan Bernardino CitySan Bernardino County5.dPacket Pg. 73Attachment: PW.SB County Agreement for Canejo Storm drain.03- Attachment 3-Location Map (5839 :
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Resolution No. 2018-310
RESOLUTION NO. 2018-310 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AWARDING AN AGREEMENT TO ENGINEERING
RESOURCES OF SOUTHERN CALIFORNIA, INC. TO
PROVIDE ENVIRONMENTAL CLEARANCE UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
AND PREPARATION OF PLANS SPECIFICATIONS AND
ESTIMATE (PS&E) FOR STATE STREET EXTENSION
PHASE 1 BETWEEN BASELINE STREET AND 16TH
STREET (SS04-009)
WHEREAS, The Engineering Resources of Southern California Inc. located at 1861 W.
Redlands Boulevard, Redlands, California 92373 is a competent experienced consulting
engineering firm and has provided the most advantageous and best proposal to provide
Environmental Clearance under the California Environmental Quality Act (CEQA) and
preparation of Plans Specifications and Estimate (PS&E) for State Street Extension Phase I
between Baseline Street and 16th Street (SS4-009); and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
award a design contract to Engineering Resources of Southern California Inc., in the amount of
$204,533, attached hereto as Attachment “A”.
.
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
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 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.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2018-310
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 05 day of December , 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2018-310
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2018
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
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Resolution No. 2018-311
RESOLUTION NO. 2018-311 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A DESIGN CONTRACT
WITH ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA INC. IN THE AMOUNT OF $190,000 FOR
SIERRA WAY STORM DRAIN PROJECT
WHEREAS, The Engineering Resources of Southern California Inc. located at 1861 W.
Redlands Boulevard, Redlands, California 92373 is a competent experienced consulting
engineering firm and has provided the most advantageous and best proposal to provide design
services for Sierra Way Storm Drain; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
award a design contract to Engineering Resources of Southern California Inc., in the amount of
$190,000.
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
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 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.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 05 day of December , 2018.
R. Carey Davis, Mayor
City of San Bernardino
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Resolution No. 2018-311
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2018-311
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
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Location Map
Attachment No. 3
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8.a
Packet Pg. 199 Attachment: CM LEGISLATIVE & REGULATORY PLATFORM ADOPTION UPDATE.REPORT (5842 : 2019 Legislative and Regulatory Platform
8.a
Packet Pg. 200 Attachment: CM LEGISLATIVE & REGULATORY PLATFORM ADOPTION UPDATE.REPORT (5842 : 2019 Legislative and Regulatory Platform
8.a
Packet Pg. 201 Attachment: CM LEGISLATIVE & REGULATORY PLATFORM ADOPTION UPDATE.REPORT (5842 : 2019 Legislative and Regulatory Platform
CITY OF SAN
BERNARDINO
2019 Legislative & Regulatory Platform
The City of San Bernardino’s Legislative and Regulatory Platform guides City officials and staff
in considering and rapidly responding to legislative and regulatory proposals introduced at the
State and Federal levels based upon the City’s priority goals and objectives.
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Packet Pg. 202 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.02.ATTACHMENT 1.City of San Bernardino Legislative
City of San Bernardino
City of San Bernardino
LEGISLATIVE & REGULATORY PLATFORM
PROVIDE FOR THE SAFETY OF CITY RESIDENTS AND BUSINESSES
The City is committed to developing programs that enhance emergency response, reduce crime and
ensure neighborhoods and business areas are safe. As such, the City will support legislation and seek
funding that strengthens law enforcement’s efforts to prevent and reduce crime and will help to contribute
to emergency response and preparedness. The City will oppose reductions in Federal and State funding
for public safety programs and services.
CREATE, MAINTAIN AND GROW JOBS AND ECONOMIC VALUE IN THE CITY
The City is dedicated to building a vibrant and sustainable local economy that allows for business
development and job creation. The City is also committed to supporting workforce development,
education and vocational training programs that meet the needs of the business community and improve
job opportunities for residents. To achieve these goals and objectives, the City will support legislative
actions and funding that encourage redevelopment and provide the tools and resources needed for
business growth and development and promote regional education and job training programs. The City
will oppose measures that restrict the City’s ability to provide for local economic development or create
disadvantages for businesses at the local and state levels.
ENSURE DEVELOPMENT OF A WELL-PLANNED, BALANCED, AND SUSTAINABLE CITY
The City’s infrastructure has a direct impact on the quality of life in the City for both residents and the
business community. As such, the City is committed to maintaining, improving and developing the City’s
infrastructure including housing, roads, bridges, sidewalks, storm drains, street lights, traffic signals, water
and wastewater systems as well as public transportation systems. The City will support legislation that
provides funding and support to meet the infrastructure needs of the community. The City will oppose
legislation that removes or reduces funding that would impact infrastructure projects or public
transportation. The City will also oppose any legislation or regulations that preempt local zoning or
require development of a particular type.
OPERATE IN A FISCALLY RESPONSIBLE AND BUSINESS-LIKE MANNER
The City is committed to developing a sustainable financial strategy that creates stability and allows the
City to reinvest in operations and infrastructure. In these efforts, the City will support legislation that
secures local government funding sources such as property taxes, sales tax, transient occupancy taxes
and Community Development Block Grants (CDBG). The City will oppose legislation that creates
unfunded mandates and legislation that eliminates or diverts local revenues.
Page 1
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Packet Pg. 203 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.02.ATTACHMENT 1.City of San Bernardino Legislative
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
California
AB 1759
(McCarty)
Public Trust
Lands: City of
Sacramento
AB 1759 completes an
agreement between the
City of Sacramento and
the State Lands
Commission as part of
the Downtown Railyards
Title Settlement and
Exchange Agreement by
transferring to the City
specified parcels in Sand
Cove Park.
The bill would potentially tie
housing production to street
and highway funding
available to San Bernardino
under SB 1 (Transportation
Funding)/Gas Tax. If the
housing production is not
met, the City may lose out on
transportation funding.
Action Taken on
9/05/2018 -
Approved by the
Governor and
Chaptered by
Secretary of
State.Watch Oppose
4/4/2018 -
Sent
Opposition
Letter -
Persico
Legislative Watchlist
Page 1 of 6
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Packet Pg. 204 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
Legislative Watchlist
California
AB 1838
(Committee on
Budget)
Local
Government:
Taxation:
Prohibition:
Groceries
AB 1838 is the Local
Government Tax trailer
bill related to the Budget
Act of 2018. Specifically
this bill includes
prohibiting the
imposition, increase,
levy and collection, or
enforcement by a local
agency of any tax, fee or
other assessment on
groceries until January 1,
2031, excluding
alcoholic beverages,
cannabis products,
cigarettes, tobacco
products, and electronic
cigarettes.
The bill is a compromise to
remove the State Proposed
Initiative 1846 from the
ballot. The initiative would
require a supermajority (two
thirds) approval to enact new
local government revenue
measures. Instead of limiting
all new local government
revenue measures, AB 1838
prohibits a city from creating
a grocery tax, fee, or other
assessment until January 1,
2031.
Action Taken on
6/28/2018 -
Approved by the
Governor and
Chaptered by
Secretary of
State.Oppose
No
stance Watching
Page 2 of 6
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Packet Pg. 205 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
Legislative Watchlist
California
AB 2268
(Reyes)
Annexation
Finance,
Restoration of
Lost Revenue
AB 2268 restores
revenues previously
allocated to cities that
annexed inhabited
territory prior to the
passage of SB 89 of
2011. The bill would
also restore incentives to
support future
annexations of inhabited
areas as encouraged by
existing state policies.
Prior to 2011, cities would
receive funding allocated
from annual vehicle license
fees, when a city would
annex inhabited territory.
This bill would restore that
revenue to cities who have
annexed since 2011. If
passed, San Bernardino
would receive an additional
$112,944 in annual revenue.
Action Taken on
5/25/2018 - In
committee: Held
under
submission. Will
be reintroduced
in 2019 after the
election period.Sponsor Support
Drafted
Support Letter
and Staff
Report,
waiting on Bill
Reintroductio
n 1/2019
California
AB 2495
(Mayes)
Protecting
Defendants
Against
Criminal
Prosecution
Costs
AB 2495 would, unless
authorized by statute or
ordered by a court,
prohibit a city, county, or
city and county--
including an attorney
acting on behalf of a city,
county, or city and
county--from charging a
defendant for the costs of
an investigation,
prosecution, or appeal in
a criminal case, such as
criminal violations of
local ordinance.
If passed, this bill would
eliminate the use of cost
recovery for criminal
nuisance abatement. Without
criminal enforcement, code
compliance will ultimately
be harder to obtain from
uncooperative property
owners.
Action Taken on
9/5/18 -
Approved by the
Governor and
Chaptered by
Secretary of
State.Oppose Oppose
8/15/2018 -
Staff report
and opposition
letter taken to
Council.
8/28/2018 -
Opposition
Letter sent to
Governor
Brown.
Page 3 of 6
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Packet Pg. 206 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
Legislative Watchlist
California
AB 2681
(Nazarian)
Seismically
Vulnerable
Buildings
AB 2681 would require
building departments in
local jurisdictions to
create an inventory of
potentially seismically
vulnerable buildings
within their jurisdiction
and submit it to the
Office of Emergency
Services (CalOES) to
create a statewide
inventory.
If passed, this bill will
require the San Bernardino
Community Development
Department to create an
inventory of seismically
vulnerable buildings within
our jurisdiction to create a
statewide inventory. By
increasing the Department
scope of work, this bill
creates an unfunded state-
mandated local program. In
addition, AB 2681 impacts
property owners by applying
an extra burden of retaining a
licensed professional
engineer to evaluate their
property, if deemed
seismically vulnerable.
Action Taken on
9/28/18 - Vetoed
by Governor.Oppose Oppose
8/15/2018 -
Staff report
and opposition
letter taken to
Council.
8/28/2018 -
Opposition
Letter sent to
Governor
Brown.
Page 4 of 6
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Packet Pg. 207 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
Legislative Watchlist
California
Proposition 6:
Repeal of SB
1 (Beall)
Transportation
Funding
Voter
Approval for
Future Gas
and Vehicle
Taxes and
2017 Tax
Repeal
Initiative
Repeal of SB 1: A robust
transportation finance
proposal that eliminates
more than $132 billion in
deferred street, highway,
and bridge repairs. The
bill adjusts an obsolete
revenue system to
maintain a transportation
network that can meet
California's needs in the
21st century.
If SB 1, also known as gas
tax, is repealed it would have
a devasting impact on San
Bernardino. The city would
lose millions of dollars in
revenue, and departments
and programs throughout the
city would be impacted with
cuts or reductions.
Ballot Measure
failed in
November 2018
election,
receiving 56.8%
no votes.Oppose Oppose Watching
California
SB 827
(Weiner)
Planning and
Zoning:
Transit-rich
Housing
Bonus
Senate Bill 827 makes it
legal to build small and
mid-rise apartment
buildings near high-
quality transit by
exempting these areas
from certain restrictive
zoning standards.
This bill would allow for
small to mid-rise apartment
buildings to circumvent city
zoning law and build near
high-quality transit
regardless of prior zoning
standards.
Action Taken on
4/27/2018 - Dead Watch Oppose
4/4/2018 -
Sent
Opposition
Letter -
Persico
Page 5 of 6
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Packet Pg. 208 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT
Jurisdiction Legislative
Item Formal Name Summary Impact on San Bernardino Current Status
as of 11/21/18
League
Stance
SB City
Stance Action Taken
Legislative Watchlist
California
SB 828
(Weiner)
Land Use:
Housing
Element
Senate Bill 828
strengthens the Regional
Housing Needs
Assessment (RHNA) by
increasing state oversight
over local and regional
housing obligations, and
requiring the Department
of Housing and
Community
Development (HCD) to
adequately calculate
California's unmet
housing need.
SB 828 would increase the
city's requirement to meet
statewide affordable housing
goals without providing any
new sources of revenue.
Additionally, as any housing
which is not build by the
private sector is rolled into
the following housing plan
cycle, a city may have a
perpetual deficit with no
ability to receive
transportation improvement
funds under AB 1759, if AB
1759 is passed and signed
into law.
Action Taken on
9/30/18 -
Approved by the
Governor and
Chaptered by
Secretary of
State.
Oppose
Unless
Amended Oppose
4/4/2018 -
Sent
Opposition
Letter -
Persico
California
State Proposed
Initiative 1846
Supermajority
Requirement
for New Local
Government
Revenue
Measures
This initiative would
require a supermajority
approval to enact new
local government
revenue measures.
This initiative would impact
San Bernardino's ability to
approve new revenue
measures (assessments, fees,
taxes, etc.) by requiring a
two thirds majority to pass.
Action Taken on
6/28/2018 -
Withdrawn Oppose Oppose Watching
Page 6 of 6
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
WHEREAS, on May 18, 2015, the Mayor and City Council adopted Resolution No.
2015-103 directing the implementation of the City's Fiscal Recovery Plan and Plan of
Adjustment; and
WHEREAS, the foundation for the Fiscal Recovery Plan and Plan of Adjustment were
the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the
Financial Plan, approved by the Mayor and City Council on May 18, 2015; and
WHEREAS, on November 8, 2016, voters in San Bernardino approved a new Charter
that was filed with the California Secretary of State on January 31, 2017, and established the
Council -Manager form of government in the City; and
WHEREAS, in August 2017, the Mayor and City Council embarked on an evolutionary,
strategic planning process to establish systems and practices that promote good governance and
effective service to the community in furtherance of the Charter and Council -Manager form of
government; and
WHEREAS, the Mayor and City Council committed to engaging in regular meetings to
establish effective systems and practices and address policy, planning and program
implementation to create a framework for comprehensive leadership in rebuilding the City of
San Bernardino and establishing systems and lasting policies that transform the community and
guide decision-making; and
WHEREAS, on November 3, 2017, and December 13, 2017, the Mayor and City
Council met and spent considerable time discussing the purpose of the City (Vision), the job of
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the City and the terms under which the City will operate (Job Statement), the business plan
Operating Paradigm) of the City, and Goals and Objectives, which will be used to evaluate the
City Manager's performance in the upcoming year, will serve as the foundation for the
development of the annual budget, and will be communicated throughout the organization; and
WHEREAS, on March 5, 2018, the Mayor and City Council adopted Resolution No.
2018-130 establishing the City's Vision for the Future, Job Statement, Operating Paradigm, and
2018-2019 Goals and Objectives; and
WHEREAS, the Mayor and City Council desire to establish a legislative platform that
will allow the City to respond quickly in support of or opposition to issues that could directly
impact the City at the State and Federal level.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following policy and procedures are adopted by the Mayor and City
Council governing the legislative program for the City of San Bernardino:
Purpose
The City of San Bernardino's Legislative and Regulatory Platform guides City officials
and staff in considering and rapidly responding to legislative and regulatory proposals introduced
at the State and Federal levels based upon the City's priority goals and objectives.
Policy
The Legislative and Regulatory Platform consists of general policy statements reflecting
positions on matters that impact municipal services and are consistent with the priority goals and
objectives of the City. The Platform is adopted annually at the beginning of the legislative year
I
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based upon the goals and objectives of the Mayor and City Council, a review of the legislative
priorities from the League of California Cities, the National Leagues of Cities and input from the
Mayor and City Council, staff and the City's legislative advocates.
Procedure
The following protocol will be used to respond to legislative proposals and regulatory issues
as they arise:
1. Once a determination has been made that a legislative proposal or regulation may impact
the City, a letter outlining the City's position (support, neutral or oppose) will be drafted;
2. The City Manager will circulate the draft position letter to the Mayor and City Council
for review;
3. If there is any objection received from the Mayor or any member of the City Council, the
position letter will be placed on the next City Council agenda for consideration;
4. If there is no objection within the defined period, staff will finalize the position letter and
forward it to the bill's author, the League of California Cities, the City's legislative
advocate and other stakeholders as deemed appropriate; and
5. A copy of the final letter will be distributed to the Mayor and City Council.
SECTION 2. The 2018 Legislative and Regulatory Platform attached hereto and
incorporated herein as Exhibit "A", is hereby adopted.
W
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18t1i
day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ y
BARRIOS
VALDIVIA
SHORETT
NICKEL 'k -
RICHARDRICHARD 2(
MULVIHILL X
Georgeann Ulmia, CMC, C Jerk
The foregoing Resolution is hereby approved this
101
day of April 2018.
61ce"ll (C-1)&;j -
R. Carey Davis ayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B y:t
4
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Resolution No. 2018-312
RESOLUTION NO. 2018-312 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO OF
THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in the Abatement Assessments List, a copy of which is attached hereto and
incorporated herein as Exhibit A, in this Resolution; and
WHEREAS, notice of the abatement costs were given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Office, who determined the owner of record
is responsible for the costs.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the
properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
SECTION 5. 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
subject to CEQA.
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Resolution No. 2018-312
SECTION 6. 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.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2018-312
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2018-312
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
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EXHIBIT A
ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
1442 Colorado Ave Sharkey, Lonie 6/13 & 7/26/2018 6 $10,010.88
1136 E 27th St Arriola, Delfina P 5/2 & 5/7/2018 7 $6,519.57
371 W 28th St Alagheband, Pooran 7/26/2018 7 $1,318.17
618 Western Ave Tennessee, Charles 7/6 & 7/16/2018 1 $14,296.82
632 Crescent Ave 632 Crescent Ave Trust 7/23/2018 1 $4,407.22
1506 W 20th St Mercer, Rita D 8/30/2018 6 $3,464.96
231 W 8th St Navarro, J Jesus 8/28/2018 1 $612.03
496 S Meridian Ave Fernandez, Fernando 6/20/2018 3 $1,555.53
632 Crescent Ave 632 Crescent Ave Trust 9/12/2018 1 $2,122.22
1075 W 11th St Castaneda, Estella 9/4/2018 1 $15,697.80
2816 Los Feliz Dr Dirige, Alberto & Dirige, Elena 8/13 & 9/6/2018 4 $6,208.58
1506 W 20th St Mercer, Rita D 8/16/2018 6 $810.70
1115 Medical Center Simmons, Thelma Fam Trust 7/10/2018 6 $1,599.24
$68,623.72
OTHER ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
920 Edgehill Rd Lau, Yuk Chun 8/4/2018 1 $534.62
1631 E Highland Ave HM Suns Investment 7/21/2018 2 $491.64
445 W Highland Ave Schulte, Thomas 9/15/2018 2 $534.18
$1,560.44
Grand Total $70,184.16
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: December 5, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Mitch Cochran, Director of Information Technology
Subject: Authorize the purchase of Hosted Microsoft Exchange Email
from Connections in an Amount Not to Exceed $59,024
Recommendation
Authorize the City Manager or her designee to execute documents for the purchase of
hosted Microsoft Exchange from Connections in an amount not to exceed $59,024.
Background
The City has established a goal of keeping its computing infrastructure current. The
City is moving from its current email software, Exchange 2007, to Exchange hosted in
the government cloud by Microsoft.
When email is hosted in the cloud, it can provide for additional redundancy in that if our
internet connection is out of service, users can still use their cell phone or an internet
connection from home to retrieve their email. The purchase would also include
Microsoft’s threat protection software which will provide additional spam and anti-virus
protection.
Discussion
The software is an annual subscription service. The City currently has approximately
800 email accounts. The request will be for 840 licenses to allow for some growth.
In the FY 2019/20, the City plans to move from its current Office 2010 to Office 365,
which is also hosted. Office 365 will include the functionality of hosted Exchange.
2018-19 Goals and Objectives
The proposed purchase supports Goal No. 6: Operate in a Fiscally Responsible and
Business-Like Manner. The annual software renewal allows the City to keep current
with the latest Microsoft Windows licensing.
12/3/2018 11:14 AM
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Fiscal Impact
The total cost is $53,659 which includes 840 licenses of both Microsoft Level D Hosted
Exchange and Microsoft Advanced Threat Protection Level D. The request includes a
10% contingency amount of $5,365 for a total authorization request of $59,024.
Microsoft has established set volume purchase levels and the City of San Bernardino
qualifies for Level D pricing. The pricing from Connections is based on the competitively
bid National Cooperative Purchasing Alliance (NCPA) agreements.
The annual Microsoft Exchange renewal funds have been included in the Information
Technology FY 2018/19 budget in account 679-250-0061-5167.
Conclusion
It is recommended that the Mayor and City Council authorize the City Manager or her
designee to issue a purchase order to Connections in an amount not to exceed
$59,024.
Attachments
Attachment 1 Hosted Office Quote
Ward: N/A
Synopsis of Previous Council Actions
On October 18th, 2017, the Mayor and City Council directed the City Manager to purchase hosted
Microsoft Exchange from GovConnection as part of a larger Microsoft software purchase.
12/3/2018 11:14 AM
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ORDERING INFORMATION
GovConnection, Inc. DBA Connection
NCPA Contract # NCPA 01-44
Contract Expiration: 31 October 2021
Please contact your account manager with questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
PO Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
Delivery Time: 1-30 DAYS ARO
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection,
Inc. are subject to the Terms and Conditions of our NCPA Contract # NCPA 01-44. Any Order accepted by GovConnection for the items
included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or a ppearing
in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of
GovConnection, Inc. Please refer to our Quote Number in your order.
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice
link on the left side of the page to print one: https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm
Please forward your Contract or Purchase Order to:
SLEDOPS@connection.com
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
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Packet Pg. 223 Attachment: IT purchase of Microsoft-quote (5844 : Authorize the Purchase of Hosted Microsoft Exchange Email from Connections)
Account Executive:Joseph Rozmiarek
Phone:(800) 800-0019 ext. 75559
Fax:(603) 683-0547
Email:joe.rozmiarek@connection.com Date:11/21/2018
Valid Through:12/21/2018
Account Manager:Account #:S04834
Phone:
Fax:
Email:
Customer Contact:Mitch Cochran Phone:(909) 384-5947 x3017
Email:cochran_mi@sbcity.org Fax:
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs NET 30 NCPA 01-44
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
1 840 34713527 AAA-11624
Govt. MPSA Exchange Online Plan 1G
User Level D 12Mo Upfront Next Acct
Anniv
Microsoft MPSA
-
Microsoft MPSA 42.58$ 35,767.20$
2 840 34713535 AAA-19790
Govt. MPSA Office 365 Exchange
Advanced Threat Protection G User Lvl D
12Mo Upfront Next Acct
Microsoft MPSA
-
Microsoft MPSA 21.30$ 17,892.00$
Subtotal 53,659.20$
Fee 0.00$
Shipping and
Handling 0.00$
Tax Exempt!
Total 53,659.20$
CITY OF SAN BERNARDINO
INFORMATION SYSTEMS
QUOTE PROVIDED TO:SHIP TO:
AB#: 14808932 AB#: 14680677
CITY OF SAN BERNARDINO
290 N D ST MITCH COCHRAN
INFO SYSTEMS - CITY HALL
SAN BERNARDINO, CA 92418 290 N D ST
SALES QUOTE
GovConnection, Inc.# 24672351.04-W1
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
SAN BERNARDINO, CA 92401
(909) 384-5947 (909) 384-5947 x3017
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our NCPA
Contract # NCPA 01-44. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions
referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our
Quote Number in your order.
Page 2 of 2 11/21/2018
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Resolution No. 2018-299
RESOLUTION NO. 2018-299 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A DESIGN-BUILD
CONTRACT WITH TRUSTAR ENERGY LLC, IN THE
AMOUNT OF $2,195,427 FOR FUEL STATION UPGRADES
AT THE CITY YARD; AUTRHORIZING THE CITY
MANAGER TO EXECUTE THE CONTINGENCY IN THE
AMOUNT OF $204,573; AUTHORIZING THE EXECUTION
OF AN INTER-FUND LOAN USING INTEGRATED
WASTE FUNDS (527); AUTHORIZING THE FINANCE
DIRECTOR TO AMEND FY 2018/19 ADOPTED BUDGET
TO ALLOCATE THE MSRC-AQMD GRANT AND
INTEGRATED WASTE FUNDING TO THE PROJECT;
AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF
NECESSARY, TO COMPLETE THE PROJECT
WHEREAS, TrueStar Energy LLC located at 10225 Philadelphia Court, Rancho
Cucamonga, California 91730 is a competent experienced consulting engineering firm and has
provided the most advantageous and best proposal to provide design-build services for Fuel
Station Upgrade at City Yard.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to award
a design-build contract to TrueStar Energy LLC in the amount of $2,195,427, a copy of which is
attached as Attachment No. 2 and incorporated herein.
SECTION 3. The City Manager or designee is hereby authorized and directed to
execute said contingency not to exceed $204,573 on behalf of the City.
SECTION 4. The City Manager or designee is hereby authorized and directed to
execute an inter-fund loan using Integrated Waste Funds (527).
SECTION 5. The Director of Finance is authorized to amend FY 2018/19 Budget to
allocate the MSRC-AQMD grant and Integrated Waste Funding to the project.
SECTION 6. 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
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Resolution No. 2018-299
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. 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.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this day of , 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2018-299
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
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Packet Pg. 408 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy
CITY OF SAN BERNARDINO
INTER-FUND LOAN AGREEMENT
This Inter-fund Loan Agreement is entered into by the City of San Bernardino, a charter city and
municipal corporation (City).
WHEREAS, pursuant to City of San Bernardino Municipal Code section 3.05.050, It shall be
unlawful for the City Manager and/or the City Treasurer or anyone under the City Manager’s or City
Treasurer’s direction and/or control to transfer restricted funds, as defined by law or as shall be defined by
Resolution of the Mayor and Common Council, to any other fund without authorization of the Mayor and
City Council or to pay any bill, invoice, or charges from any restricted fund when said bill, invoice or
charges are not appropriate to be paid from any such restricted fund without said approval.
WHEREAS, there is a need for funds in the sum of $1,710,000 in order to upgrade the existing
Fuel Station at the City Yard.
WHEREAS, the City desires to borrow internal funds from the Integrated Waste Fund for the
Fleet Fund to finance the balance of the project
NOW, THEREFORE, the Integrated Waste Fund has sufficient funds to loan the sum of ONE MILLION
SEVEN HUNDRED AND TEN THOUSAND DOLLARS and No/100 ($1,710,000), and shall be used to
provide funds for use of the Fuel Station upgrade for a period of up to two (2) years;
Maximum Loan Amount: $1,710,000
Advance From: Integrated Waste Fund 527
_____________________________________________
Name of Fund Fund/Account Number
Advance To: Fleet Fund 635
_____________________________________________
Name of Fund Fund/Account Number
Repayment Terms: The anticipated timely reimbursement from the Fleet Fund
would result in a 2-year term; the Integrate Waste Fund (527)
will receive the reimbursement from the Fleet Fund (635) for the
Inter -fund Loan. Interest will be paid and set annually based on
the average earnings of the City’s investment portfolio during
the previous twelve months.
[Signature Page Follows]
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Packet Pg. 409 Attachment: PW.TruStar Energy LLC Contract Award Fuel Station Upgrade.03-Attachment 3-Inter fund Loan Fuel Station - IWM-Fleet (5845 :
IN WITNESS WHEREOF, this Agreement is executed by the City acting by and through their authorized
officers.
CITY OF SAN BERNARDINO:
Date: ____/____/2018
____________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
_____________________________
Gary D. Saenz, City Attorney
Date of City Council Approval: ____/____/2018
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Packet Pg. 410 Attachment: PW.TruStar Energy LLC Contract Award Fuel Station Upgrade.03-Attachment 3-Inter fund Loan Fuel Station - IWM-Fleet (5845 :
Fuel Station Upgrade at City Yard
LOCATION MAP
Not to Scale
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Packet Pg. 411 Attachment: PW.TruStar Energy LLC Contract award Fuel station Upgrade at City Yard-04-Attachment 4-Location Map (5845 : Agreement with
12.a
Packet Pg. 412 Attachment: PW.WEST COAST ARBORIST.STAFF REPORT (5846 : Increase to PO with West Coast Arborists)
12.a
Packet Pg. 413 Attachment: PW.WEST COAST ARBORIST.STAFF REPORT (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 414 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 415 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 416 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 417 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 418 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.b
Packet Pg. 419 Attachment: PW.WEST COAST ARBORIST Attachment 1 (5846 : Increase to PO with West Coast Arborists)
12.c
Packet Pg. 420 Attachment: PW.West Coast Arborist.Resolution 2014-288 Attachment 2 (5846 : Increase to PO with West Coast Arborists)
12.c
Packet Pg. 421 Attachment: PW.West Coast Arborist.Resolution 2014-288 Attachment 2 (5846 : Increase to PO with West Coast Arborists)
12.c
Packet Pg. 422 Attachment: PW.West Coast Arborist.Resolution 2014-288 Attachment 2 (5846 : Increase to PO with West Coast Arborists)
12.d
Packet Pg. 423 Attachment: PW.West Coast Arborist.Resolution 2016-233 Attachment 3 (5846 : Increase to PO with West Coast Arborists)
12.d
Packet Pg. 424 Attachment: PW.West Coast Arborist.Resolution 2016-233 Attachment 3 (5846 : Increase to PO with West Coast Arborists)
12.d
Packet Pg. 425 Attachment: PW.West Coast Arborist.Resolution 2016-233 Attachment 3 (5846 : Increase to PO with West Coast Arborists)
(FY 16/17)
(FY 17/18)
(FY 18/19)
(FY 19/20)
WCA
4-Year Grid Trimming Zones
Attachment 4 12.e
Packet Pg. 426 Attachment: PW.West Coast Arborist.Attachment 4 GRIDZONES (5846 : Increase to PO with West Coast Arborists)
13.a
Packet Pg. 427 Attachment: HR.INTERIM DIRECTOR OF FINANCE APPOINTMENT.REPORT (5847 : Interim Director of Finance (U) Employment Agreement and
13.a
Packet Pg. 428 Attachment: HR.INTERIM DIRECTOR OF FINANCE APPOINTMENT.REPORT (5847 : Interim Director of Finance (U) Employment Agreement and
Resolution No. 2018-313
RESOLUTION NO. 2018-313 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPOINTING RITA CONRAD AS INTERIM DIRECTOR
OF FINANCE (U) UNDER GOVERNMENT CODE
SECTION 21221(h)
WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a
California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant position
requiring specialized skills during recruitment for a permanent appointment, and provides that
such appointment will not subject the retired person to reinstatement from retirement or loss of
benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City of San Bernardino will have a vacancy for the position of Director
of Finance (U);
WHEREAS, Rita Conrad retired from the City of La Quinta in the position of Director
of Finance on or about June of 2016;
WHEREAS, Rita Conrad has specialized skills and knowledge required for the
continued successful operation of the public business of the City of San Bernardino;
WHEREAS, the City of San Bernardino is the process of actively recruiting a qualified
permanent employee to serve as Director of Finance (U);
WHEREAS, the City of San Bernardino would like to retain Rita Conrad’s services as
Director of Finance (U) to allow the City of San Bernardino sufficient time to obtain a qualified
replacement;
WHEREAS, Rita Conrad possesses necessary and specialized skills to perform the
functions of Director of Finance (U) during recruitment, and to prevent stoppage of that vital
public service;
WHEREAS, the City Council of the City of San Bernardino hereby appoints Rita
Conrad to the position of Interim Director of Finance (U) under Government Code section
21221(h), an appointment deemed to be for interim purposes and requiring specialized skills,
effective January 1, 2019 and for a period not to exceed twelve (12) months or when the City
hires a permanent replacement, whichever is earlier, and subject to a limit of 960 hours for all
CalPERS employers in a fiscal year;
WHEREAS, the appointment of Rita Conrad under Government Code section 21221(h)
shall only be made once;
WHEREAS, the compensation of Rita Conrad shall not be less than the minimum nor
exceed the maximum published pay schedule for the vacant position of Director of Finance (U),
13.b
Packet Pg. 429 Attachment: HR.Interim Director of Finance Appointment- Resolution (5847 : Interim Director of Finance (U) Employment Agreement and
Resolution No. 2018-313
divided by 173.333 to equal an hourly rate. Rita Conrad shall not receive any benefits,
incentives, or compensation other than the hourly rate.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Rita Conrad is appointed Interim Director of Finance (U), effective
January 1, 2019, based on the terms described in the “Retired Annuitant Employment
Agreement” attached to this Resolution as Exhibit A.
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
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 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.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
13.b
Packet Pg. 430 Attachment: HR.Interim Director of Finance Appointment- Resolution (5847 : Interim Director of Finance (U) Employment Agreement and
Resolution No. 2018-313
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
13.b
Packet Pg. 431 Attachment: HR.Interim Director of Finance Appointment- Resolution (5847 : Interim Director of Finance (U) Employment Agreement and
EXHIBIT A
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
INTERIM DIRECTOR OF FINANCE (U)
Between the City of San Bernardino and Rita Conrad
THIS AGREEMENT is made and entered into this December 5, 2018, by and
between the CITY OF SAN BERNARDINO, a Charter City ("City"), and Rita Conrad, an
individual (“Conrad”).
WHEREAS, the City has a critical need for a temporary employee to oversee and
continue to manage the City’s projects relating to the Finance Department and Conrad
has the specialized skill and knowledge necessary to maintain the continuity of the
projects and operations underway such that her appointment is necessary to fill this
critically needed assignment; and
WHEREAS, under general direction of the City Manager, job functions shall
include: daily oversight and direction of the Finance Department; help manage four (4)
major divisions which make up the Department: Accounting, Budget, Purchasing and
Business Registration; assist other City departments to navigate the fiscal tasks
associated with performing their functions; and documenting various financial policies of
the Finance Department.
WHEREAS, the parties desire to enter into this Agreement to outline the terms
and conditions of employment, and the duties and responsibilities of the parties.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. APPOINTMENT. Conrad is hereby appointed, and does hereby accept
such appointment, to the position of Interim Director of Finance (U) of the City of San
Bernardino effective January 1, 2019. The appointment under this Agreement
incorporates all of the requirements under Government Code sections 21221(h) and
7522.56.
2. DUTIES. Conrad shall perform those duties and have those
responsibilities that are commonly assigned to a Director of Finance (U) of a charter city
in California, and as set forth in the job description for the Director of Finance (U)
position. Conrad shall perform such other legally permissible and proper duties and
functions consistent with the Director of Finance (U) position.
13.c
Packet Pg. 432 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
EXHIBIT A
3. TERM AND MAXIMUM HOURS. The term of this Agreement shall
commence January 1, 2019, and shall continue until January 1, 2020 or upon
appointment of a permanent employee to the vacant Director of Finance (U) position. As
a California Public Employees’ Retirement System (“CalPERS”) retired annuitant,
Conrad may not work more than 960 hours for all CalPERS employers combined in the
fiscal year and is responsible for monitoring compliance with this work limit. The
specific days and hours of work will be agreed upon by Conrad and the City Manager.
The parties understand and agree that this appointment is made only during the time
the City is recruiting to fill the Director of Finance (U) position on a permanent basis and
that this Agreement will not be renewed or extended.
4. TERMINATION. Under the terms of this appointment, Conrad serves as
an "at-will" temporary employee and may be terminated at any time, with or without
cause, pursuant to the provisions of this Agreement. Nothing in this Agreement, the San
Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating
any vested right in such appointment or in employment with the City.
a. The City may terminate this Agreement without cause, or Conrad may
voluntary resign her position, by providing the other party written notice of termination or
resignation at least thirty (30) days prior to the effective date of such termination or
resignation, unless the parties mutually agree to waive or alter the time required for
such notice.
b. The Agreement shall automatically terminate upon the occurrence of
any of the following events: (i) mutual agreement of the parties; (ii) the death or
incapacity of Conrad; (iii) the City hires a permanent Director of Finance(U); (iv)
Conrad’s work exceeds a combined total of 960 hours in a fiscal year (July 1-June 30)
for all CalPERS employers; or (v) the City stops actively recruiting for a permanent
replacement.
5. COMPENSATION. Conrad shall be compensated at a rate not to exceed
the maximum, nor less than the minimum, monthly base salary paid to other employees
performing comparable duties. Conrad’s hourly rate is therefore set at $96.25. This
hourly rate is consistent with the rate required under Government Code sections
2
13.c
Packet Pg. 433 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
EXHIBIT A
21221(h) and 7522.56. Conrad shall be paid bi-monthly at the same time as other City
employees.
6. FRINGE BENEFITS. Conrad is not eligible to receive any benefit,
incentive, compensation in lieu of benefits, or other form of compensation other than the
hourly pay rate.
7. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between the parties. Any correspondence, letters, documents, or discussions leading up
to this Agreement which deal with the terms contained herein are superseded by this
Agreement.
8. ACKNOWLEDGEMENT OF POST-RETIREMENT EMPLOYMENT
OBLIGATIONS AND LIMITATIONS. By accepting this employment and signing below,
Conrad attests that: (1) she retired (or will retire) from a CalPERS agency more than
180 days prior to her employment with the City; and (2) she has not received
unemployment insurance benefits in the last 12 months arising out of any other post-
retirement employment with a CalPERS agency.
By accepting this employment, Conrad acknowledges that the law strictly limits
the employment of a CalPERS retired annuitant by a CalPERS employer. Such
employment is governed by Government Code sections 7522.56, 21221 and 21224,
among other laws and regulations. A violation of these laws may result in Conrad’s
retroactive reinstatement to active membership from the first date of unlawful
employment, a repayment to CalPERS of her retirement allowances received during the
unlawful employment, retroactive member contributions, and administrative fees.
Before entering into employment with the City, Conrad is advised to consult with her
own legal counsel and/or CalPERS to ensure her employment will be in compliance with
the law.
The City does not make any guarantees, warranties or promises, express or
implied, on the impact, if any, this Agreement may have on Conrad’s CalPERS
retirement benefits, status, duties, or obligations. Conrad acknowledges that in entering
into this Agreement, she has not relied upon any representations by the City regarding
the impact of this Agreement on her retirement benefits.
3
13.c
Packet Pg. 434 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
EXHIBIT A
In order to understand the circumstances, restrictions and consequences of non-
compliance with the laws governing retired annuitant positions, Conrad may review the
CalPERS publication entitled “A Guide to CalPERS Employment After Retirement”
available on the CalPERS website: http://www.calpers.ca.gov. Conrad may also review
the Public Employees’ Retirement Law (Government Code section 20000 et seq.), the
Public Employees’ Pension Reform Act of 2013 (Government Code section 7522, et
seq.) and other applicable law. If Conrad requires further clarification, she may contact
CalPERS and other applicable sources.
9. HOLD HARMLESS AGREEMENT. By signing below, Conrad waives,
releases and holds harmless the City, its City Council, employees, officers, elected
officials, agents, attorneys or representatives (“Releasees”) against any claim,
complaint, cause of action, lawsuit, grievance, or damages arising out of any adverse
consequences, fines, restitution, or damages assessed against Conrad by CalPERS, a
court of competent jurisdiction, or other regulatory or administrative agency because of
her post-retirement employment with the City. Conrad acknowledges that the City has
not induced her to believe that her employment is legally compliant with the law.
Each party to this Agreement expressly acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any
party, or any person acting on behalf of any party, which are not embodied herein, and
that no other agreement, statement, representation or promise not contained in this
Agreement shall be of any force or effect.
10. SEVERABILITY. If any part of this Agreement is in conflict or inconsistent
with the applicable provisions of federal, state, or city statutes, or it is otherwise held to
be invalid or unenforceable by any court of competent jurisdiction, such part or provision
shall be suspended and superseded by such applicable law or regulations, and the
remainder of this Agreement shall not be affected thereby.
11. AMENDMENT. This Agreement may only be amended by a written
agreement executed by the parties, and may not be amended by oral agreement. The
City reserves the right to modify or terminate this Agreement to comply with necessary
changes to the applicable law or CalPERS requirements for employing retired
annuitants.
4
13.c
Packet Pg. 435 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
EXHIBIT A
12. NEGOTIATED AGREEMENT. The Parties acknowledge and agree that
the terms and provisions of this Agreement have been negotiated and discussed
between the Parties, and this Agreement reflects their mutual agreement regarding the
subject matter of this Agreement. Because of the nature of such negotiations and
discussions, it would be inappropriate to deem any Party to be the drafter of this
Agreement and, therefore, no presumption for or against validity or as to any
interpretation hereof, based upon the identity of the drafter shall be applicable in
interpreting or enforcing this Agreement.
13. NOTICES. Any notices to be given under this Agreement by either party to
the other in writing may be effected either by personal delivery or by mail. Mailed
notices shall be addressed to the parties as set forth below, but each party may change
its address by written notice given in accordance with this paragraph. Notices delivered
personally will be deemed communicated as of actual receipt. Mailed notices will be
deemed communicated and received as of five (5) calendar days following the date of
mailing:
CITY: City of San Bernardino
Attention: City Manager
290 North D Street
San Bernardino, CA 92401
CONRAD: Rita Conrad
37285 View Drive
Yucaipa, Ca 92399
14. GOVERNING LAW. This Agreement shall be governed and construed in
accordance with the laws of the State of California in full force and effect as of the date
of execution.
15. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to
the other party that it has either had the assistance of counsel in negotiation for, and
preparation of, this Agreement or could have had such assistance and voluntarily
declined to obtain it.
5
13.c
Packet Pg. 436 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
EXHIBIT A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and date first shown.
Rita Conrad Date
Andrea M. Miller Date
City Manager
6
13.c
Packet Pg. 437 Attachment: HR.Interim Director of Finance Appointment- Exhibit A Retired Annuitant Employment Agreement (5847 : Interim Director of
14.a
Packet Pg. 438 Attachment: EHD.PSA 1256 WALL AVE_LRPMP SITE 37 -REPORT (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall
14.a
Packet Pg. 439 Attachment: EHD.PSA 1256 WALL AVE_LRPMP SITE 37 -REPORT (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall
14.a
Packet Pg. 440 Attachment: EHD.PSA 1256 WALL AVE_LRPMP SITE 37 -REPORT (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall
14.a
Packet Pg. 441 Attachment: EHD.PSA 1256 WALL AVE_LRPMP SITE 37 -REPORT (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
176
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
Address:
APN:
1256 Wall Avenue
0146-241-07
N. Sepulveda Avenue E. 13th Street N. Wall Avenue 14.b
Packet Pg. 442 Attachment: EHD.PSA 1256 Wall-Attachment 1 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
177
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
A. Permissible Use (HSC § 34191.5 (c) (2)):
Site No. 37 is the Vacant Wall Avenue Residential Property (the “Vacant Residential Property”)
and is proposed to be sold by the Successor Agency.
B. Acquisition of Property (HSC § 34191.5 (c) (1) (A) and § 34191.5 (c) (1) (B)):
Property records indicate that the Vacant Residential Property was acquired by the Agency in
January 2010, and carries a Book Value of $5,450. The Vacant Residential Property was acquired
by the Agency in order to meet the revitalization goals of City and the Agency to alleviate the
existence and spread of physical and economic blight. The estimated current value (the “ECV”) of
the Vacant Residential Property is approximately $117,000.
C. Site Information (HSC § 34191.5 (c) (1) (C)):
The Vacant Residential Property consists of one (1) 0.17-acre parcel (APN 0146-241-07) located
at 1256 Wall Avenue. The Vacant Residential Property is zoned Residential Medium (RM). The
RM designation is intended to promote the development of single-family detached units in a
suburban setting with a minimum lot size of 7,200 square feet, and a maximum density of 4.5 units
per net acre.
D. Estimated Current Value (HSC § 34191.5 (c) (1) (D)):
To determine an ECV for the Vacant Residential Property, in January 2015, the Agency conducted
a comparable sales analysis through the National Data Collective. The ECV was determined to be
approximately $117,000.
Local factors were not taken into consideration in determining the ECV of this site. The ECV is
only a rough estimate that was obtained from an on-line source where only comparable sales data
are available. It is not possible to include environmental issues or any other special or unique factors
into simple ECV calculations, as such data are not available from the source. Therefore, the actual
value of the property may vary significantly from the ECV. The Successor Agency notes that in
the environment of AB 1484, it may not be possible to achieve appraised values. The Successor
Agency will be in charge of the process seeking to achieve successful marketing of properties, and
will act with reasonable diligence. However, the constraints and environment of AB 1484 militate
against maximizing prices. The actual sales prices to be realized will be a function of what a willing
buyer is willing to pay under circumstances where there will be no seller financing and dispositions
will be subject to Oversight Board approval. There is no reason to think that book values will be
realized.
E. Site Revenues (HSC § 34191.5 (c) (1) (E)):
There are no site revenues generated from the Vacant Residential Property.
F. History of Environmental Contamination (HSC § 34191.5 (c) (1) (F)):
There is no known history of environmental contamination.43
43 http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=1256+w.+wall+av+san+bernardino
14.b
Packet Pg. 443 Attachment: EHD.PSA 1256 Wall-Attachment 1 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
178
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
G. Potential for Transit Oriented Development (TOD) and the Advancement of Planning Objectives
of the Successor Agency (HSC § 34191.5 (c) (1) (G)):
There is no potential for a TOD in conjunction with Vacant Residential Property.
Selling the Vacant Residential Property advances the planning objectives of the Successor Agency
and the City to develop and revitalize this area of the community through the creation of
opportunities for private investment in the City.
H. History of Previous Development Proposals and Activity (HSC § 34191.5 (c) (1) (H)):
There is no history of previous development proposals or activities in conjunction with the Vacant
Residential Property.
I. Disposition of Property:
The Successor Agency proposes to sell the Vacant Residential Property in accordance with the
Successor Agency’s policies and procedures for property disposition as shown in Exhibit “A”
Section I. Purchase and Sale Procedures.
The ECV of the Vacant Residential Property is approximately $117,000.
Date of estimated current value – January 2015
Value Basis – The ECV was determined by a comparable sales analysis using the National
Data Collective subscription service. The ECV is approximately $117,000.
Local factors that may affect land value were not taken into consideration. Therefore, the actual
value of the property may vary greatly from the ECV. The ECV is only a planning number
and should not be relied upon as a basis for actual value.
Proposed sale date – TBD and subject to the Successor Agency’s implementation of its policies
and procedures for property disposition as shown in Exhibit “A.”
Proposed sale value – TBD and subject to a fair market appraisal conducted by a licensed
appraiser.
The Successor Agency notes that in the environment of AB 1484, it may not be possible to achieve
appraised values. The Successor Agency will be in charge of the process seeking to achieve
successful marketing of properties, and will act with reasonable diligence. However, the
constraints and environment of AB 1484 militate against maximizing prices. The actual sales prices
to be realized will be a function of what a willing buyer is willing to pay under circumstances where
there will be no seller financing and dispositions will be subject to Oversight Board approval. There
is no reason to think that book values will be realized.
14.b
Packet Pg. 444 Attachment: EHD.PSA 1256 Wall-Attachment 1 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
179
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
J. Implementation of the Long-Range Property Management Plan:
Following the approval of the LRPMP by the DOF, the Successor Agency will implement the
LRPMP.
For properties to be sold, implementation will include distribution of any land sales proceeds for
enforceable obligations and/or distributed as property tax to the taxing entities. Due to the vagaries
associated with the sale of land, such as uncertainties concerning the timing of sale and the price
that would be realized, it is not feasible to precisely state in the LRPMP how the funds will be used.
In that regard, once an agreement is reached with respect to the purchase and sale of a property, the
agreement will be presented to the Oversight Board for concurrence. The Oversight Board’s
approval will be evidenced by a resolution that will be submitted to DOF and, per the HSC, is
subject to DOF’s review. That resolution will include or refer to a staff report which describes with
greater particularity, once more facts are known, how the proceeds of sale will be distributed. As
noted in Section I – Introduction of the LRPMP, the LRPMP provides that proceeds of the sale may
be used for enforceable obligations and/or distributed as property tax to the taxing entities through
the County Auditor-Controller. The need to retain some or all of the proceeds of sale for
enforceable obligations will depend on whether there is a short-fall in RPTTF in the ROPS cycle
during which the escrow is anticipated to close. If a short-fall were to occur in the RPTTF at that
time, then all or a portion of the sale proceeds should be used to fulfill an enforceable obligation
with any remaining sale proceeds then distributed as property tax to the taxing entities through the
County Auditor-Controller. If there is not a short-fall in RPTTF at the time of close of escrow,
then land sale proceeds would be distributed as property tax to the taxing entities through the
County Auditor-Controller in a manner described at the time of Oversight Board approval as to a
particular property sale. Since it is impossible to foresee when and if a short-fall in the RPTTF
may occur, or when the property will be sold, the use of the sale proceeds cannot be specifically
determined at this time and, therefore, cannot be stated with greater particularity in the LRPMP.
However, it is clear that at the time a sale takes place, the sale will be brought back to the Oversight
Board and will be subject to review.
14.b
Packet Pg. 445 Attachment: EHD.PSA 1256 Wall-Attachment 1 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 446 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 447 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 448 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 449 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 450 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 451 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 452 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 453 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 454 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 455 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 456 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 457 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 458 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 459 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 460 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.c
Packet Pg. 461 Attachment: EHD.PSA 1256 Wall-Attachment 2 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
PREPARED FOR:
Ms. Lisa Connor
Project Manager
Successor Agency to the Redevelopment Agency
of the City of San Bernardino
290 N. “D” Street - 3rd Floor
San Bernardino, CA 92401
FOR THE PROPERTY LOCATED AT:
1256 Wall Ave.
San Bernardino, CA 92404
APN: 0146-241-07
October 17, 2018
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 462 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
TABLE OF CONTENTS
Broker’s Opinion of Value
•Property Profile
•Location Aerial
•Assessor’s Parcel Maps
•Location Map
Comparable Sales
Comparable #1
•Property Profile
•Assessor’s Parcel Map
•Aerial
Comparable #2
•Property Profile
•Assessor’s Parcel Map
•Aerial
Comparable #3
•Property Profile
•Assessor’s Parcel Map
•Aerial
Leading Broker’s Resume
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 463 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
October 17, 2018
Ms. Lisa Connor
Project Manager
Successor Agency to the Redevelopment Agency
of the City of San Bernardino
290 N “D” Street – 3rd Floor
San Bernardino, California 92401
RE: Broker Opinion of Value for Site No. 37 – APN 0146-241-07
Dear Ms. Connor:
We have prepared the following report regarding our opinion of value for the above referenced
property. We utilized a comparable sales approach to determine our opinion of value for this
property.
Subject Property
The subject property is zoned Residential Medium (“RM”), which allows for the development of
multi-family townhouses, condominiums and apartments. The property consists of one parcel of
land approximately 0.17 acres (7405.2 SF).
Comparable Sales
As further described within this report, within the last 28 months, there have been 3 property
sales which can be used as sale comparable for this Site. The comparable are all zoned RM. The
Sale Comparable dates run from June 2016 to October 2017. The Sale Comparables are
summarized below:
Sales Comparables Summary
APN Address Lot SF Sale Value Price/SF Sale Date
Property Site 0146-241-07 1256 Wall Ave.7,405.2 $54,000
Sale Comparable #1 0279-074-33 7961 Pedley Rd.6,190 $38,000 $6.14 9/7/2017
Sale Comparable #2 0273-103-04 6955 Perris Hill Rd.20,000 $85,000 $4.25 6/30/2016
Sale Comparable #3 0140-221-09 W. 9th St.7,500 $31,500 $4.20 10/26/2017
Average Price/SF $4.86
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 464 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Broker Opinion of Value
Based on the foregoing, the average price per square foot of the three vacant Sale Comparables is
$4.86. Applying this average price per square foot to the lot square footage (7,405.2 SF), a value
of $35,989 results. It is our opinion that the subject property is worth $35,989.
We appreciate the opportunity to prepare this report. Please do not hesitate to call with any
questions.
April 6, 2018 Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N. “D” Street - 3rd Floor San Bernardino, CA 92401 RE: ANALYSIS OF COMPETITIVE OFFERS FOR SITE NO. 37 - 1256 Wall Ave. - APN 0146-241-07 (RM 0.17 ACRES) Dear Ms. Connor, We are pleased to provide to the Successor Agency our situation summary of the proposed sale transactions for Site No. 37, as follows:
Site No. 37 was marketed locally, regionally and nationally resulting in Keller Williams
receiving several phone calls and emails requesting marketing information on the subject site.
This effort produced one (1) proposals to purchase as follows:
March 22, 2018 – Leaping Frog Investments, LLC (“LFI”) proposed to purchase Site No. 37 for
$54,000. The terms are as follows: (i) within 5 days of the opening of escrow, LFI shall deposit
$3,000; (ii) 17-day due diligence periods; and (iii) the property shall be developed within the
guidelines of the City General Plan and/or other City regulations that may address development
parameters.
Recommendations:
The offer from Leaping Frog Investments, LLC is $18,011 above the BOV, is the highest
monetary offer and therefore it is recommended that the Successor Agency accepts this offer.
Sincerely,
Kenneth Patterson
BRE# 00774852
951-318-8516
kenpcommercial@gmail.com
O: 909.793.2100 F: 909.793.8200 1473 FORD ST SUITE 200 REDLANDS CA 92373
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 465 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 1 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 08/20/2018
1256 Wall Ave, San Bernardino, CA 92404, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
7,500
MLS List Price
$54,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
Sale Date
01/1991
Active Listing
Owner Information
Owner Name:Successor Agency/Rda City Of
Sn Bndo
Tax Billing Zip:92401
Mail Owner Name:Successor Agency/Rda City Of
Sn Bndo
Tax Billing Zip+4:1520
Tax Billing Address:201 N E St #301 Owner Occupied:No
Tax Billing City & State:San Bernardino, CA
Location Information
Zip Code:92404 Comm College District Code:San Bernardino Vly J
Carrier Route:C002 Census Tract:55.00
Zoning:R-M Topography:Flat/Level
School District:San Bernardino Neighborhood Code:091-091
Tax Information
APN :0146-241-07-0000 Lot:5
Tax Area:7012 Block:C
Tax Appraisal Area:12 Water Tax Dist:San Bernardino Vly J
Legal Description:DUNN AND BLACK SUB LOT 5 BLK C
Characteristics
County Land Use:Vacant Land Lot Acres:0.172
Universal Land Use:Vacant Land (NEC)Lot Area:7,500
Lot Frontage:50 Water:Public
Lot Depth:150 Sewer:Public Service
Listing Information
MLS Listing Number:EV17251208 MLS Current List Price:$54,000
MLS Status:Active MLS Original List Price:$54,000
MLS Area:274 - SAN BERNARDINO MLS Listing Agent:Evfernlar-Lara Fernandez
MLS Status Change Date:11/04/2017 MLS Listing Broker:KELLER WILLIAMS REALTY
Last Market Sale & Sales History
Recording Date:02/27/1991 Sale Type:Full
Sale Date:01/1991 Deed Type:Grant Deed
Sale Price:$53,000 Owner Name:Successor Agency/Rda City Of
Sn Bndo
Document Number:66896 Seller:Anderson Florence E
Recording Date 12/03/2014 03/18/2011 08/08/2002 02/27/1991
Sale Date 11/24/2014 03/17/2011 08/07/2002 01/1991
Sale Price $36,478 $53,000
Nominal Y Y
Buyer Name Redevelopment Agcy Of San
Bernard
San Bernardino Economic
Dev Co Federal Natl Mtg Assn Fnma Garcia Abel & Grace
14.d
Packet Pg. 466 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 2 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 08/20/2018
Seller Name San Bernardino Economic
Dev Co
Redevelopment Agcy Of San
Bernard California Reconveyance Co Anderson Florence E
Document Number 463051 112434 417135 66896
Document Type Quit Claim Deed Quit Claim Deed Trustee Deed Grant Deed
Mortgage History
Mortgage Date 02/27/1991
Mortgage Amount $39,500
Mortgage Lender Great Wstrn Bk
Mortgage Code Conventional
Foreclosure History
Document Type Notice Of Trustee's Sale Notice Of Default Notice Of Default
Default Date 04/08/2002 04/01/2002
Recording Date 07/12/2002 04/09/2002 04/03/2002
Document Number 359273 173269 164873
Default Amount $1,744 $1,758
Final Judgment Amount $36,313
Original Doc Date 02/27/1991 02/27/1991 02/27/1991
Original Document Number 66897 66897 66897
Property Map
*Lot Dimensions are Estimated
14.d
Packet Pg. 467 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Courtesy Of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 04/06/2018
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 468 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.d
Packet Pg. 469 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Comparable Sale #1
•Property Profile
•Assessor’s Parcel Map
•Aerial
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 470 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 1 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 04/07/2018
7961 Pedley Rd, San Bernardino, CA 92410, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
6,180
Sale Price
$38,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
Sale Date
09/07/2017
Owner Information
Owner Name:Ferrero Tina Tax Billing Zip:92373
Mail Owner Name:Tina Ferrero Tax Billing Zip+4:6535
Tax Billing Address:1200 Sunnyside Ave Owner Vesting:Widow
Tax Billing City & State:Redlands, CA Owner Occupied:No
Location Information
Zip Code:92410 Comm College District Code:San Bernardino Vly J
Carrier Route:C011 Census Tract:65.00
Zoning:RM Topography:Flat/Level
Tract Number:2345 Neighborhood Code:092-092
School District:San Bernardino
Tax Information
APN :0279-074-33-0000 Lot:7
Tax Area:107137 Water Tax Dist:San Bernardino Vly J
Tax Appraisal Area:12 Fire Dept Tax Dist:San Bernardino Co
Legal Description:TR NO 2345 COTTAGE GARDENS LOTS 6 AND 7 EX S 2 FT SD LOT 7
Assessment & Tax
Assessment Year 2017 2016 2015
Assessed Value - Total $17,499 $17,156 $16,898
Assessed Value - Land $17,499 $17,156 $16,898
YOY Assessed Change ($)$343 $258
YOY Assessed Change (%)2%1.53%
Tax Year Total Tax Change ($)Change (%)
2015 $225
2016 $220 -$4 -1.84%
2017 $677 $457 207.43%
Special Assessment Tax Amount
Co Land Svcs/Fire Hazard $450.30
Sb Valley Muni Wtr Dbt Svc $26.68
School Bonds $17.62
San Bdno Comm College Bond $6.57
Co Ventor Control $1.30
Total Of Special Assessments $502.47
Characteristics
County Land Use:Vacant Land Lot Acres:0.1419
Universal Land Use:Vacant Land (NEC)Lot Area:6,180
Lot Frontage:60 Water:Public
Lot Depth:103 Sewer:None
Last Market Sale & Sales History
14.d
Packet Pg. 471 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 2 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 04/07/2018
Recording Date:09/19/2017 Sale Type:Full
Sale Date:09/07/2017 Deed Type:Grant Deed
Sale Price:$38,000 Owner Name:Ferrero Tina
Document Number:386678 Seller:Ramirez Josie J
Recording Date 09/19/2017
Sale Date 09/07/2017
Sale Price $38,000
Buyer Name Ferrero Tina
Seller Name Ramirez Josie J
Document Number 386678
Document Type Grant Deed
Property Map
*Lot Dimensions are Estimated
14.d
Packet Pg. 472 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Courtesy Of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 08/20/2018
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 473 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.d
Packet Pg. 474 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Comparable Sale #2
•Property Profile
•Assessor’s Parcel Map
•Aerial
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 475 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 1 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 08/20/2018
6955 Perris Hill Rd, San Bernardino, CA 92404, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
20,000
MLS Sale Price
$85,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
MLS Sale Date
06/30/2016
Owner Information
Owner Name:A & L Alaska Inc Tax Billing City & State:San Bernardino, CA
Mail Owner Name:A & L Alaska Inc Tax Billing Zip:92404
Tax Billing Address:6955 Perris Hill Rd Owner Occupied:Yes
Location Information
Zip Code:92404 Comm College District Code:San Bernardino Vly J
Carrier Route:C004 Census Tract:63.02
Zoning:RM Topography:Flat/Level
Tract Number:1964 Neighborhood Code:091-091
School District:San Bernardino
Tax Information
APN :0273-103-04-0000 Block:3
Tax Area:107144 Water Tax Dist:San Bernardino Vly J
Tax Appraisal Area:12 Fire Dept Tax Dist:San Bernardino Co
Lot:12
Legal Description:TR NO 1964 BASE LINE GARDENS S 1/2 LOT 12 BLK 3 EX 1/2 MNL RTS
Assessment & Tax
Assessment Year 2017 2016 2015
Assessed Value - Total $86,700 $60,915 $31,400
Assessed Value - Land $86,700 $60,915 $31,400
YOY Assessed Change ($)$25,785 $29,515
YOY Assessed Change (%)42.33%94%
Tax Year Total Tax Change ($)Change (%)
2015 $416
2016 $779 $363 87.26%
2017 $1,120 $341 43.79%
Special Assessment Tax Amount
Sb Valley Muni Wtr Dbt Svc $132.21
School Bonds $87.30
San Bdno Comm College Bond $32.59
Co Ventor Control $1.30
Total Of Special Assessments $253.40
Characteristics
County Land Use:Vacant Land Lot Acres:0.4591
Universal Land Use:Vacant Land (NEC)Lot Area:20,000
Lot Frontage:100 Water:Public
Lot Depth:200 Sewer:Public Service
Listing Information
MLS Listing Number:CV15249288 MLS Original List Price:$95,000
14.d
Packet Pg. 476 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 2 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 08/20/2018
MLS Status:Closed Closing Date:06/30/2016
MLS Area:274 - SAN BERNARDINO MLS Sale Price :$85,000
MLS Status Change Date:06/30/2016 MLS Listing Agent:C23430-Dionisio Vallejos
MLS Current List Price:$95,000 MLS Listing Broker:REALTY EXECUTIVES EXPERTS
MLS Listing #681644131
MLS Status Sold
MLS Listing Date 11/18/2015
MLS Listing Price $95,000
MLS Orig Listing Price $95,000
MLS Close Date 06/30/2016
MLS Listing Close Price $85,000
MLS Listing Cancellation Date 06/30/2016
Last Market Sale & Sales History
Recording Date:06/28/2016 Sale Type:Full
Sale Date:Tax: 06/09/2016 MLS:
06/30/2016
Deed Type:Grant Deed
Sale Price:$85,000 Owner Name:A & L Alaska Inc
Document Number:255184 Seller:Appa Investments LLC
Recording Date 08/09/2017 06/28/2016 05/08/2015 12/19/2007 09/13/2006
Sale Date 08/08/2017 06/09/2016 04/30/2015 12/14/2007 08/31/2006
Sale Price $85,000 $35,000 $180,000
Nominal Y
Buyer Name A & L Alaska Inc Miramontes Samara Appa Investments LLC Gildner Family Trust Chejoka Nart
Seller Name Miramontes Samara Appa Investments LLC Gildner Family Trust Chejoka Nart & Danial Gildner Family Living
Trust L
Document Number 323271 255184 191272 704284 626472
Document Type Grant Deed Grant Deed Grant Deed Quit Claim Deed Grant Deed
Recording Date 11/14/2001 02/11/1991 02/11/1991
Sale Date 11/14/2001 01/1991 01/1991
Sale Price $62,000
Nominal Y
Buyer Name Gildner Trust Wsdc Inc W S D C Inc
Seller Name Wsdc Inc Mccormick Brian
Document Number 520274 48621 48620
Document Type Quit Claim Deed Corporation Grant Deed Deed (Reg)
Mortgage History
Mortgage Date 06/28/2016 09/13/2006
Mortgage Amount $42,500 $170,000
Mortgage Lender Private Individual Private Individual
Mortgage Code Private Party Lender Private Party Lender
14.d
Packet Pg. 477 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
14.dPacket Pg. 478Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Courtesy Of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 08/20/2018
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 479 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Comparable Sale #3
•Property Profile
•Assessor’s Parcel Map
•Aerial
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
14.d
Packet Pg. 480 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Property Detail
Page 1 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 04/07/2018
W 9th St, San Bernardino, CA 92401, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
7,500
MLS Sale Price
$31,500
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
MLS Sale Date
10/26/2016
Owner Information
Owner Name:Perez Yesenia Tax Billing City & State:Los Angeles, CA
Mail Owner Name:Yesenia Perez Tax Billing Zip:90044
Tax Billing Address:1234 W Gage Ave Tax Billing Zip+4:2732
Location Information
Zip Code:92401 Census Tract:57.01
School District:San Bernardino Topography:Flat/Level
Comm College District Code:San Bernardino Vly J Neighborhood Code:092-092
Tax Information
APN :0140-221-09-0000 Lot:8
Tax Area:7001 Block:63
Tax Appraisal Area:12 Water Tax Dist:San Bernardino Vly J
Legal Description:C1TY W 50 FT E 100 FT N 150 FT LOT 8 BLK 63
Assessment & Tax
Assessment Year 2017 2016 2015
Assessed Value - Total $31,500 $21,300 $18,750
Assessed Value - Land $31,500 $21,300 $18,750
YOY Assessed Change ($)$10,200 $2,550
YOY Assessed Change (%)47.89%13.6%
Tax Year Total Tax Change ($)Change (%)
2015 $249
2016 $422 $173 69.43%
2017 $561 $139 32.96%
Special Assessment Tax Amount
Sbcofire Fp-5 City Snbndo $152.98
Sb Valley Muni Wtr Dbt Svc $48.03
School Bonds $31.72
San Bdno Comm College Bond $11.84
Co Ventor Control $1.30
Total Of Special Assessments $245.87
Characteristics
County Land Use:Vacant Land Lot Area:7,500
Universal Land Use:Vacant Land (NEC)Water:Public
Lot Acres:0.1722 Sewer:Public Service
Listing Information
MLS Listing Number:IV16135032 MLS Original List Price:$35,000
MLS Status:Closed Closing Date:10/26/2016
MLS Area:274 - SAN BERNARDINO MLS Sale Price :$31,500
MLS Status Change Date:10/26/2016 MLS Listing Agent:Ivbhatkav-Kavita Bhatia
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Property Detail
Page 2 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 04/07/2018
MLS Current List Price:$35,000 MLS Listing Broker:Z REAL ESTATE
Last Market Sale & Sales History
Recording Date:10/26/2016 Sale Type:Full
Sale Date:Tax: 09/14/2016 MLS:
10/26/2016
Deed Type:Grant Deed
Sale Price:$31,500 Owner Name:Perez Yesenia
Document Number:450574 Seller:Hossain Fida
Recording Date 10/26/2016 10/26/2016 10/26/2016 04/09/2004 10/18/1979
Sale Date 09/14/2016 10/18/2016 10/13/2016 03/03/2004
Sale Price $31,500 $26,091 $14,000
Nominal Y Y
Buyer Name Perez Yesenia Perel Yesenia Hossain Fida Hossain Fida Raymundo Florentino L
& Raymundo Remedios
Seller Name Hossain Fida Rodriguez-Gomez Cesar
A Hossain Shemul Raymundo Florentino L
& Remedios A
Document Number 450574 450573 450572 246278 132
Document Type Grant Deed Interspousal Deed
Transfer
Interspousal Deed
Transfer Grant Deed Deed (Reg)
Property Map
*Lot Dimensions are Estimated
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Courtesy Of LARA FERNANDEZ, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 08/20/2018
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
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04/17/2017
Resume for Kenneth Patterson:
1975 to late 1979 Mess Management Specialist for USN (primary jobs: Staff Cook, Mess
Manager, maintained food supplies and Buyers agent for ships food) I was E4 at time of
discharge.
Licensed as a California Real Estate Agent in 1979
Licensed as a California Real Estate Broker in 1989
Licensed as a Security Dealer with the National Association of Security Dealers (FINRA)
in 1995. (Series 7 and 63 license, State of California Fixed and Variable life license)
1993-1995 Manager of Neighborhood Mortgage Corp. in Costa Mesa, Ca. (4 offices in
Southern Ca.) We did over $80 million in Originating Residential and Commercial loans
yearly.
1995 through 1997 Independent Security Dealer with American Express Financial
Advisor.
Since 1998 through 2011 I managed Investment Retirement accounts for clients as an
Independent Security Dealer and Small Group Health Benefits; through Lighthouse
Capital Corporation out of Monterey, CA.
From 1979 through 1999 I primarily sold and developed land to and for developers as an
independent agent/broker.
From 2000 to 2005 I incorporated residential sales into my sales activities because of
demand by builders/developers I worked with. At which time I became an associate
broker with Coldwell Banker Kivett-Teeters, I averaged 70 closed transactions per-year,
until the recent down turn in the market.
Mid-year 2005 to August 2012; Coldwell Banker Commercial Kivett-Teeters became the
newest Commercial franchise. I deal in Commercial Sales, Building Leases, Ground
Leases, land Sales and development.
2003-2007 I have been awarded the International Presidents Circle from Coldwell Banker
International, which places me in the top 5% of Sales Associates Internationally.
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
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August 2012 to Current I moved to Keller Williams Commercial as an Associate Broker
in Redlands Ca. Doing the same business practices in the commercial arena, plus I now
work with Asset Managers for Defaulted Notes and Real Estate, Probate and Bankruptcy
Trustees. I'm also currently an Independent Financial Advisor for Colorado Financial
Services.
Kenneth Patterson
KW Commercial
1473 Ford St Ste #200
Redlands, Ca. 92373
951-318-8516 cell
909-793-8200 Fax
kenpcommercial@gmail.com
Ca Lic#00774852
1256 Wall Ave, San Bernardino, CA 92404
KW COMMERCIAL
1473 Ford Street
Redlands, CA 92373
www.kwcommercial.com
We obtained the information above from sources we believe to be reliable.However,we have not verified its accuracy and make no guarantee,warranty or representation about
it.It is submitted subject to the possibility of errors,omissions,change of price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice.We include
projections,opinions,assumptions or estimates for example only,and they may not represent current or future performance of the property.You and your tax and legal advisors
should conduct your own investigation of the property and transaction.
KENNETH PATTERSON
Agent
0 909.793.2100
kenpcommercial@gmail.com
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PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Redevelopment Agency of the
City of San Bernardino
BUYER: Bennie Benton III
DATED: December 5, 2018
(1256 Wall Avenue, San Bernardino, California, APN 0146-241-07)
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BASIC TERMS
Buyer: Bennie Benton III
Buyer’s Address: 1318 E. Gladwick St.
Carson, CA 90746
Email: ctts@ca.rr.com
Tel: (310) 462-0019
City: The City of San Bernardino
Closing Contingency Date: March 15, 2019
Closing Date (or Closing) Estimated to occur by January 3, 2019, but not later than the Outside
Date
Deed: A grant deed in the form of Exhibit B hereto
Effective Date: December 5, 2018
Escrow Holder: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another escrow holder mutually acceptable to Buyer and Seller)
Independent
Consideration Amount: Two Hundred Dollars ($200)
Outside Date: April 9, 2019; provided that such date may be extended by mutual
writing agreement by Seller and Buyer
Purchase Price: Fifty-Four Thousand Dollars ($54,000)
Real Property: That property described in Exhibit A hereto; the subject property is
sometimes referred to as APN 0146-241-07
Seller: Successor Agency to the Redevelopment Agency of the City of San
Bernardino
Seller’s Address: 290 N. “D” Street – Third Floor
San Bernardino, California 92418
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Attention: Andrea M. Miller, City Manager
Tel. (909) 384-5122
Fax: (909) 384-5138
Email: Miller_An@sbcity.org
Soil and Title Contingency
Date: February 18, 2019
Title Company: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another title company mutually acceptable to Buyer and Seller)
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3
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of , 2018 (the
“Effective Date”) by and between Seller and Buyer.
RECITALS
A. Seller is the fee owner of the Real Property. The Real Property is approximately 0.17
acres of vacant land.
B. Seller has offered to sell to Buyer the Real Property described herein for the price and
subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from
Seller the Real Property, as more specifically described below.
C. In addition to the Purchase Price, material considerations to Seller in agreeing to enter
into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer
hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this
Agreement. The term Real Property is defined collectively as the following:
(a) The fee interest in the Real Property to be conveyed by a grant deed in the
form of the Deed; and
(b) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property.
2. Payment of Consideration. As consideration for the sale of the Real Property from
Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for
the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens and
to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and
validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of
closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned .
3. Escrow and Independent Consideration.
(a) Opening of Escrow. For the purposes of this Agreement, the escrow
(“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives
a copy of this Agreement fully executed by Buyer and Se ller. Buyer and Seller shall use their best
efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective
Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of
Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary
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supplemental escrow instructions or other instruments reasonably required by Escrow Holder to
consummate the transaction contemplated by this Agreement; provided, how ever, that no such
instruments shall be inconsistent or in conflict with, amend or supersede any portion of this
Agreement. If there is any conflict or inconsistency between the terms of such instruments and the
terms of this Agreement, then the terms of this Agreement shall control. Without limiting the
generality of the foregoing, no such instruments shall extinguish any obligations imposed by this
Agreement or any other agreement between Seller and Buyer.
(b) Independent Consideration. Within two (2) days after the Effective Date,
Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non-
refundable independent consideration. The Independent Consideration Amount has been bargained
for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Seller
holding the Real Property off the market for a period commencing as of the Effective Date and
continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including
any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for
herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent
Consideration Amount shall be non-refundable in all events, except for (i) Seller’s default hereunder,
(ii) the failure of the Oversight Board of the Successor Agency to the Redevelopment Agency of the
City of San Bernardino (the “Oversight Board”) to approve the sale of the Real Property as provided
under this Agreement, and (iii) actions by the California Department of Finance (“DOF”) which
prevent the disposition of the Real Property to Buyer as provided under this Agreement. If the Closing
occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent
Consideration Amount.
(c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date”
shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in
which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall
occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied
pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any re ason, occurred by
the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written
notice to the other at any time after the outside Closing Date; provided, however, that if either party
is in default under this Agreement at the time of such termination, then such termination shall not
affect the rights and remedies of the non-defaulting party against the defaulting party.
4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10)
days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the
“Property Documents”):
(a) Such proof of Sellers’ authority and authorization to enter into this Agreement
and to consummate this transaction as may be reasonably requested by Buyer and t he Title Company
consistent with the terms of this Agreement , including without limitation approval of the Oversight
Board of the sale of the Real Property by Seller to Buyer.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard
Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural
Hazard Report”) on or before the Soil and Title Contingency Date.
5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier
to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise
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agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants
and contractors shall have the right to enter upon the Real Property during normal business hours,
provided reasonable prior notice has been given to Seller.
(a) Investigation of the Real Property. In addition to the foregoing, the Buyer
shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to
engage its own environmental consultant (the “Environmental Consultant”) to make such
investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2”
investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation,
Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property
based upon the condition of the Real Property, Buyer may cancel this Agreement by givin g written
notice of termination to Seller on or before the Soil and Title Contingency Date which specifically
references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this
Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided
herein and to have elected to proceed with this transaction on the terms and conditions of this
Agreement. Buyer shall provide a copy to the Seller of all reports and test results provided by Buyer’s
Environmental Consultant promptly after receipt by the Buyer of any such reports and test results
without any representation or warranty as to their accuracy or completeness.
Buyer shall bear all costs, if any, associated with restoring the Real Property to
substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by
Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer
during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel
satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all
costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or mechanic ’s
liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer’s
agents, contractors or subcontractors and the contractors and subcontractors of such agents, but in no
event shall the indemnity of this Section include the discovery of pre-existing conditions by Buyer or
any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its
consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive an y
termination of this Agreement or the Close of Escrow.
“Hazardous Materials” means any substance, material, or waste which is or becomes
regulated by any local governmental authority, the County, the State of California, regional
governmental authority, or the United States Government, including, but not limited to, any material
or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted
hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined
as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the
California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California
Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
(v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or
defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to
Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant
to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C.
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§6903) or (xi) defined as “hazardous substances” pursuant to Section 10 1 of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
(b) No Warranties as to the Real Property. The physical condition and possession
of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no
warranty expressed or implied by Seller, including without limitation, the presence of Hazardous
Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults,
or the suitability of the Real Property for development purposes. In addition, Seller makes no
representations, warranties or assurances concerning the Real Property, its suitability for any
particular use or with regard to the approval process for entitlements as to the Real Propert y.
(c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take
all necessary precautions to prevent the release into the environment of any Hazardous Materials
which are located in, on or under the Real Property. Such precautions shall include compliance with
all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the
state, the County, the City, or any other political subdivision in which the Real Property is located,
and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real
Property (“Governmental Requirements”) with respect to Hazardous Materials.
6. Buyer’s Conditions Precedent and Termination Right.
(a) Conditions Precedent. The Closing and Buyer’s obligation to consummate
the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written
waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for
Buyer’s benefit only.
(i) Title Review. Within twenty (20) calendar days after the Opening of
Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the
“Report”) describing the title to the Real Property, together with copies of the plotted easements and
the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be
borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement
against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as
necessary to induce the Title Company to provide such endorsement. On or before the Soil and Title
Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of
title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the
Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain
at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any
exceptions to title that are not created by Buyer and that come into existence after issuance of the
Report but prior to Closing. Seller shall, on or before the Closing, remove all deed s of trust,
mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments not yet
delinquent).
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company
shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a
standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard
Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property
vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title
Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters
affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters
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7
specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to
obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended
coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage
shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned
or contingent upon obtaining such extended coverage. Buyer shall have sole re sponsibility for
obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by
the Title Company for such extended coverage. In the event Buyer is married but is taking title as
Buyer’s sole and separate property, Bu yer shall, as a condition to closing, provide to Seller and
to the Title Company a spousal consent in form acceptable to Title Company and Seller.
In the event Buyer enters into a loan agreement to generate moneys to
purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be
responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to
Buyer obtaining such loaned moneys. The sale shall be all cash to Seller.
(iii) Physical and Legal Inspections and Studies. On or before Soil and
Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute
discretion, the results of any physical and legal (but not feasibility or economic) inspections,
investigations, tests and studies. Buyer elects to make or obtain, including, but not limited to,
investigations with regard to zoning, building codes and other governmental regulations; engineering
tests; soils, seismic and geologic reports; environmental audits, inspect ions and studies;
environmental investigation or other invasive or subsurface testing; and any other physical or legal
inspections and/or investigations as Buyer may elect to make or obtain.
(iv) Natural Hazard Report. Seller shall cause the Escrow Holder to
provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at
Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural
Hazard Report.
(v) Property and Formation Documents. On or before the Soil and Title
Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms,
conditions and status of all of the Property Documents.
(vi) Delivery of Documents. Seller’s delivery of all documents described
in Section 8, below.
(vii) Representations and Warranties. All representations and warranties
of Seller contained in this Agreement shall be materially true and correct as of the date made and as
of the Closing.
(viii) Title Company Confirmation. The Title Company shall have
confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this
Agreement.
(ix) Oversight Board and DOF Approval. The Oversight Board and, if
required as a condition of the issuance of title insurance or by either party hereto, approval by DOF,
shall have been given as to the disposition of the Real Property by Seller to Buyer under this
Agreement.
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(x) No Default. As of the Closing, Seller shall not be in default in the
performance of any material covenant or agreement to be performed by Seller under this Agreement.
(b) Termination Right. Each of (i), (ii) and (iii) shall operate independently and
each shall entitle Seller to terminate this Agreement, as follows:
(i) If the Independent Consideration Amount is not paid by Buyer to
Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement shall
terminate upon Seller giving notice thereof to Buyer;
(ii) If any of Buyer’s Contingencies are not met by the Closing
Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate this
Agreement.
If this Agreement is so terminated, then (except to the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shal l be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not
been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this Agreement
in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the scheduled
Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to
have been satisfied and this Agreement shall continue pursuant to its terms. If Buye r has not delivered
a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to the Termination
Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied.
If this Agreement is terminated, then (except t o the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees.
(c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice,
of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the
right, but not the obligation, to (i) remove from title any disapproved or conditionally approved
Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional
approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s
Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s)
will be removed (or other matters cured) on or before the Closing. With respect to any such Exception,
it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period,
to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after
committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if
Seller furnishes Buyer with evidence that the Title Company wil l issue the Buyer’s Title Policy, as
defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s
expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not
remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such
five (5) business day period, Buyer shall have three (3) business days after the expiration of such five
(5) business day period to give Seller written notice that Buyer elects to pr oceed with the purchase of
the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall
have no further recourse against Seller for such disapproved Title Exception(s).
7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s
obligations with respect to the transaction contemplated by this Agreement are subject to the timely
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satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which
are for Seller’s benefit only:
(a) Completion of Title Review. Seller shall have received written confirmation
from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of
title and that the condition of title satisfactory.
(b) Confirmation Concerning Site. Seller shall have received written
confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed
the condition of the Real Property, including without limitation concerning Hazardous Materials,
zoning and suitability, and approves the condition of the Real Property.
(c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received
written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has
approved a pro forma title policy.
(d) Liens. Seller shall have obtained the consent of any lien holder to the release
of such liens prior to or concurrent with closing.
(e) Oversight Board and DOF Approval. The approval by the Oversight Board
and DOF shall have been given as to the disposition of the Real Property by Seller to Buyer under
this Agreement.
(f) Delivery of Documents. Buyer’s delivery of all documents described in
Section 9(a), below.
Should any of Buyer’s Contingencies not be met by the respective times set forth for
the satisfaction for such contingency (and without regard to whether all such contingencies have been
removed or satisfied) and Buyer has so informed Seller, Seller may, b y written notice to Buyer,
terminate this Agreement; such termination rights shall be in addition to those termination rights of
Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent expressly
allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be
paid by Buyer.
8. Seller’s Deliveries to Escrow Holder.
(a) Seller’s Delivered Documents. At least one (1) business day prior to the
Closing Date, Seller shall deposit or cause t o be deposited with Escrow Holder the following items,
duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i) Deed. The Deed.
(ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of
Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together
with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable
(the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller
shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as
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provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”)
before the Closing.
(iv) Possession of Real Property. Possession of the Real Property free of
any tenancies or occupancy.
(v) Authority. Such evidence of Seller’s authority and authorization to
enter into this Agreement and to consummate this transaction as may be reasonably requested by
Buyer and the Title Company which are consistent with the terms of this Agreement .
(vi) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as determined by the
Title Company which are consistent with the terms of this Agreement.
(b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely
delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided,
however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5)
business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five
(5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not de livered
within such period, then this Agreement shall automatically terminate without further action or notice.
In the event of any such termination, any cash deposited by Buyer shall immediately be returned to
Buyer. Under no circumstances shall Buyer h ave any responsibility to or duty to pay consultants or
real estate brokers retained by Seller, Seller being solely responsible in connection with any such
contractual arrangements of Seller.
9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing
Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly
executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a) Purchase Price. The Purchase Price, less amounts which Seller confirms in
writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount,
together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b)
herein. In the event Seller does not qualify for an exemption from California withholding tax under
Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing
of the California Exemption Certificate duly executed by Seller, Title Company shall withhold thre e
and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California
Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from
such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer
shall execute and deliver three (3) originals of California Form 593 to Title Company at or
immediately after Closing.
(b) Change of Ownership Report. One (1) original Preliminary Change of
Ownership Report.
(c) Final Escrow Instructions. Buyer’s final written escrow instructions to close
escrow in accordance with the terms of this Agreement.
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(d) Authority. Such proof of Buyer’s authority and authorization to enter into this
Agreement and to consummate the transacti on contemplated hereby as may be reasonably requested
by Seller or the Title Company.
(e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys due
and payable to Buyer’s Real Estate Broker in connection with the sale of the Real Property.
(f) Further Documents or Items. Any other documents or items reasonably
required to close the transaction contemplated by this Agreement as determined by the Title Company.
10. Costs and Expenses.
(a) Seller’s Costs. If the transaction contemplated by this Agreement i s
consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges
associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for a
Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) documentary
recording fees, if any; (v) documentary transfer tax, if any; (vi) the Seller’s Real Estate Broker’s
Commission of Five Thousand Four Hundred Dollars ($5,400) which the parties acknowledge and
agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of
the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that
the broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's
Real Estate Broker; (vii) one half of the escrow charges; and (viii) costs, if any, allocable to Seller
under this Agreement and costs for such services as Seller may additionall y request that Escrow
perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited
Amounts”).
(b) Buyer’s Costs. If the transaction contemplated by this Agreement is
consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder’s fee;
(ii) Buyer’s share of prorations, (iii) the premium for title insurance other than or in excess of a
Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey
required in connection with the delivery of an ALTA owner’s extended coverage policy of title
insurance; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if any,
for such services as Buyer may additionally request that Escrow pe rform on its behalf; and (vii) any
costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price
(collectively, “Buyer’s Costs and Debited Amounts”).
(c) Generally. Each party shall bear the costs of its own attorneys, consultants,
and real estate brokers, other than broker’s commission, in connection with the negotiation and
preparation of this Agreement and the consummation of the transaction contemplated hereby. The
parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s
Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real
Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate
Broker and Seller's Real Estate Broker.
11. Prorations; Withholding.
(a) All revenues (if any) and expenses relating to the Real Property (including,
but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse
collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall
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be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller
shall deliver to Buyer a tentative schedule of prorations for Buyer’s app roval (the “Proration and
Expense Schedule”). If any prorations made under this Section shall require final adjustment after
the Closing, then the parties shall make the appropriate adjustments promptly when accurate
information becomes available and either party hereto shall be entitled to an adjustment to correct the
same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled
thereto.
(b) In the event Seller does not qualify for an exemption from California
withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”)
as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed
by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price
on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with
the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title
Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be
delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the
month title to the Real Property is transferred to Buyer (as evidenced by the recor ding of the Grant
Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1)
copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and
Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold
and remit the withholding tax contemplated under the Tax Code, together with such other documents
required by the Tax Code (including, without limitation, California Form 593), to the California
Franchise Tax Board.
12. Closing Procedure. When the Title Company is unconditionally prepared (subject
to payment of the premium therefor) to issue the Buyer’s Title Policy, and all required documents and
funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in
the manner and order provided below.
(a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to
applicable law in the county in which the Real Property is located and obtain conformed copies thereof
for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all
Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses,
prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits
or credits (including any liens as to which such liens and the amount to satisfy such liens shall have
been confirmed in writing by Seller to Escrow Holder) shall be distributed by check payable to Seller
unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in
accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment
and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by
Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for
obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited
by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for
Buyer’s Real Estate Broker (unless Buyer’s Real Estate Broker shall deliver a written statement to
Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Real Estate Broker outside
escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and
Seller need not be concerned).
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(c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy
of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the
official land records of the County of San Bernardino, and a copy of each other document (or copies
thereof) deposited into Escrow by Buyer pursuant hereto.
(d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original
FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed
copy of each of the Deed as duly recorded among the official land records of the County of San
Bernardino, the Natural Hazard Report, and each other document (or co pies thereof) deposited into
Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in
Section 8.
(e) Title Company. Escrow Holder shall cause the Title Company to issue the
Buyer’s Title Policy to Buyer.
(f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a
separate accounting of all funds received and disbursed for each party.
(g) Informational Reports. Escrow Holder shall file any information reports
required by Internal Revenue Code Section 6045(e), as amended.
(h) Possession. Possession of the Real Property shall be delivered to Buyer at the
Closing.
13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering
into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the
following representations and warranties as of the Effective Date and as of the Closing, each of which
is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a
condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to
Buyer to enter into this Agreement (and but for which Buyer would not have entered into this
Agreement) and shall survive Closing; provided that each of the representations and warranties of
Seller is based upon the information and belief of the Executive Director of the Successor Agency:
(i) Seller believes that it has the legal power, right and authority to enter
into this Agreement and the instruments referenced herein, and to consummate the transaction
contemplated subject to the approval of the Oversight Board and, as may be applicable, DOF.
(ii) Subject to the approval of the Oversight Board and, as may be
applicable, DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise)
has been taken by Seller in connection with entering into this Agreement and the instruments
referenced herein; and, by the Closing, all such necessary action will have been taken to author ize the
consummation of the transaction contemplated hereby.
(iii) Subject to the approval of the Oversight Board and, as may be
applicable, DOF, the individual executing this Agreement and the instruments referenced herein on
behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and
conditions hereof and thereof.
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(iv) Seller believes that neither the execution or delivery of this Agreement
or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor
the consummation of the transaction contemplated herein, nor compliance with the terms of this
Agreement or the documents or instruments referenced herein or therein conflict with or result in the
material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note
or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or
other agreement or instrument to which Seller is a party or that affect the Real Property, incl uding,
but not limited to, any of the Title Documents or the Property Documents.
(v) There is no pending litigation nor, to the best of Seller’s knowledge,
threatened litigation, which does or will adversely affect the right of Seller to convey the Real
Property. There are no claims which have been received by Seller that have not been disclosed to
Buyer.
(vi) Seller has made no written or oral commitments to or agreements with
any governmental authority or agency materially and adversely affecting the Real Propert y, or any
part hereof, or any interest therein, which will survive the Closing.
(vii) There are no leases or rental agreements in effect as to the Real
Property.
(viii) Seller is not in default of its obligations under any contract, agreement
or instrument to which Seller is a party pertaining to the Real Property.
(ix) There are no mechanics’, materialmen’s or similar claims or liens
presently claimed or which will be claimed against the Real Property for work performed or
commenced for Seller or on Seller’s behalf prior to the date of this Agreement.
(x) There are no undisclosed contracts, licenses, commitments,
undertakings or other written or oral agreements for services, supplies or materials concerning the
use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or
the Real Property after the Closing. There are no oral contracts or other oral agreements for services,
supplies or materials, affecting the use, operation, maintenance or management of the Real Property.
(xi) There are not as of the Effective Date, nor will there be as of the
Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy
possession, rights or interest of any nature in and to the Real Property or any part thereof, and no
person other than Buyer shall have any right of possession to the Real Property or any part thereof as
of the Closing.
(xii) No person, excepting Seller, has possession or any rights to possession
of the Real Property or portion thereof.
(b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to
the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact
or circumstance which renders a representation or warranty of Seller set forth herein incorrect or
untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has
learned, discovered or become aware of such Representation Matter shall promptly give written notice
thereof to the other party and Seller’s representations and warranties shall be automatically limited to
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account for the Representation Matter. Buyer shall have the right to approve or disapprove any such
change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves
any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be
qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such
Seller Representation Matter.
(c) Buyer’s Representations and Warranties. In consideration of Seller entering
into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the
following representations and warranties as of the date hereof and at and as of the Closing, each of
which is material and is being relied upon by Seller (and the truth and accuracy of which shall
constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive
Closing:
(i) Buyer has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby.
(ii) All requisite action has been taken by Buyer in connection with
entering into this Agreement and the instruments referenced herein; and, by the Closing, all such
necessary action will have been taken to authorize the consummation of the transaction contemplated
hereby.
(iii) The individuals executing this Agreement and the instruments
referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to
the terms and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the
documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the
consummation of the transaction contemplated herein, nor compliance with the terms of this
Agreement and the documents and instruments referenced herein conflict with or result in the material
breach of any terms, conditions or provisions of, or constitute a default under, an y bond, note or other
evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership
agreement, lease or other agreement or instrument to which Buyer is a party or by which any of
Buyer’s properties are bound.
(d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to
the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact
or circumstance which renders a representation or warranty of Buyer set forth herein incorr ect or
untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has
learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give
written notice thereof to the other party and Buyer’s representations and warranties shall be
automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to
approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if
Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement,
Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have
no obligation to Seller for such Buyer’s Representation Matter.
14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents
a fair value price for the Real Property. At such time as Buyer makes improvements to the Real
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Property, the costs for planning, designing, and constructing such improvemen ts shall be borne
exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements
in compliance with all the zoning, planning and design review requirements of the San Bernardino
Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent
such labor and wage requirements are applicable.
Buyer, including but not limited to its contractors and subcontractors, shall be responsible to
comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations,
regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if
applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State
Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to
the Real Property, but only if and to the extent such sections are applicable to the development of the
Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the Real
Property, the parties believe that the payment of prevailing wages will not be required. In any event,
Buyer shall be solely responsible for determining and effectuating compliance with the Prevailing
Wage Laws, neither the Seller nor the City makes any final representation as to the applicability or
non-applicability of the Prevailing Wage Laws to improvements to the Real Property, or any part
thereof. Buyer hereby releases from liability, and agrees to indemnify, defend, assume all
responsibility for and hold each of the Seller and the City, and their respective officers, emplo yees,
agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings,
fines, penalties, damages, expenses resulting from, arising out of, or based upon Buyer’s acts or
omissions pertaining to the compliance with the Prevailing Wage Laws as to the Real Property. This
Section 14 shall survive Closing.
15. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken or
appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer
shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of
the Real Property and receive all of the award or payment made in connection with such taking.
(b) Notices. All notices, demands, requests or other communications required or
permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving
party as provided in the Basic Terms section above, and shall be personally delivered, sent by
overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by
certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided
that a successful transmission report is received). All Notices shall be effective upon receipt at the
appropriate address. Notice of change of address shall be given by written notice in the manner
detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no Notice in accordance with this Section was given shall be deemed to
constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective
counsels is for information only, is not required for valid Notice and does not alone constitute Notice
hereunder.
(c) Brokers. Seller assumes sole responsibility for any consultants or brokers
(“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer
shall have no responsibility in connection with such matters). Seller represents that it has engaged
Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible for
any commission, cost, fee or compensation of any kind due to Seller’s Real Estate Broker. Seller
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represents to Buyer that Seller has not engaged any consultants, finders or real estate brokers other
than Seller’s Real Estate Broker in connection with the sale of the Real Property to the Buyer, and
there are no brokerage commission, finder’s fee or other compensation of any kind due or owing to
any person or entity in connection with this Agreement other than Seller’s costs with respect to the
Seller’s Real Estate Broker Commission. Seller agrees to and does hereby indemnify and hold the
Buyer free and harmless from and against any and all costs, liabilities or causes of action or
proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming
through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer
assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it may have retained in
connection with the purchase of the Real Property. Buyer represents that it has engaged Heath
Michael Hilgenberg as “Buyer’s Real Estate Broker” and other than the portion of the Seller’s Real
Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per Section 10(a) of
this Agreement, Buyer shall be solely responsible for any other cost, fee or compensation of any kind
due to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that Buyer has not engaged any
consultants, finders or real estate brokers other than Buyer’s Real Estate Broker in connection with
the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fe e or
other compensation of any kind due or owing to any person or entity in connection with this
Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from
and against any and all costs, liabilities or causes of action or proceedings which may be instituted by
any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct
of the Buyer in connection with this Agreement. The Parties acknowledge and agree that Buyer has
been represented in this transaction by Heath Michael Hilgenberg as “Buyer’s Real Estate
Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of
the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker. The
broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real
Estate Broker.
(d) Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material
consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof
by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and
expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver
shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any
other provision. A waiving party may at any time thereafter require further compliance by the other
party with any breach or provision so waived. The consent by one party to any act by the other for
which such consent was required shall not be deemed to imply consent or waiver of the necessity of
obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be
implied from silence or any failure of a party to act, except as otherwise specified in this Agreement.
All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements
contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.
Except as otherwise specified herein, either party hereto may pursue any one or more of its rights,
options or remedies hereunder or may seek damages or specific performance in the event of the other
party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in
this Agreement.
(e) Cooperation. Buyer and Seller agree to execute such instruments and
documents and to diligently undertake such actions as may be required in order to consummate the
purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing
in accordance with the provisions hereof and, following Closing.
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18
(f) Remedies. Without limitation as to the availability of other remedies, this
Agreement may be enforced by an action for specific enforcement.
(g) Time. Time is of the essence of every provision herein contained. In the
computation of any period of time provided for in this Agreement or by law, the day of the act or
event from which said period of time runs shall be excluded, and the last day of such period shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which case the perio d shall be deemed
to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as
otherwise expressly provided herein, all time periods expiring on a specified date or period herein
shall be deemed to expire at 5:00 p.m. on such specified date or period.
(h) Counterparts; Facsimile Signatures. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument. A facsimile signature shall be deemed an original
signature.
(i) Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and
shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
(j) Obligations to Third Parties. City shall be deemed to be a third party
beneficiary of this Agreement. Excepting only for the City, t he execution and delivery of this
Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this
Agreement to, any person or entity other than the parties hereto.
(k) Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
(l) Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
(m) Applicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
(n) Exhibits and Schedules. The exhibits and schedules attached hereto are
incorporated herein by this reference for all purposes.
(o) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, including, without limitation, that certain Standard
Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated October 15, 2018, and
contains the entire agreement between, and the final expression of, Buyer and Seller with respect to
the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is
executed without reliance on any oral or written statements, representations or promises of any kind
which are not expressly contained in this Agreement. No subsequent agreement, representation or
promise made by either party hereto, or by or to an employee, officer, agent or representative of ei ther
party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
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19
(p) Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the permitted successors and assigns of the parties hereto.
(q) Assignment. Neither party may assign its rights under this Agreement without
the prior consent of the other party.
(r) Manner in Which Title is Held. Buyer is solely responsible for
determining the manner in which it will take title to the Real Property; Seller shall have no
responsibility in connection therewith.
[signatures begin on the following page]
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20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
“SELLER”
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, a public entity, corporate
and politic
By:
Andrea M. Miller
Executive Director
“BUYER”
BENNIE BENTON III
By:
Name: Bennie Benton III
Approved as to form:
Gary D. Saenz, City Attorney
By: ______________________
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Packet Pg. 507 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Acceptance by Escrow Holder:
Commonwealth Land and Title Company hereby acknowledges that it has received a fully
executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and
between the Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public
entity, corporate and politic (“Seller”), and Bennie Benton III (“Buyer”) and agrees to act as Escrow
Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to
Escrow Holder.
Dated: _____________, 2018
COMMONWEALTH LAND AND TITLE
COMPANY
By:
Name:
Its:
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Packet Pg. 508 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
A-1
EXHIBIT A
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in the
City of San Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue
APN: 0146-241-07
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B-2
EXHIBIT B
DEED
NOT FOR SIGNATURE
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Bennie Benton III
APN: 0146-241-07 [Space above for recorder.]
Address: 1256 Wall Avenue DOCUMENTARY TRANSFER TAX
San Bernardino, California $ ______
computed on the consideration or value of
property conveyed; OR computed on the
consideration or value less liens or
encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax
- Firm Name
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity,
corporate and politic (“Grantor”), hereby grants to the Bennie Benton III, , that certain
real property located in the County of San Bernardino, State of California, more particularly described
on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”),
subject to existing easements, restrictions and covenants of record .
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2019.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By: NOT FOR SIGNATURE
Andrea M. Miller
Executive Director
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ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in the City of San
Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue
APN: 0146-241-07
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Packet Pg. 511 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _____________________________ , before me, _______________________________ , Notary Public,
(Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
__________________________________________
Title(s)
__________________________________________
Title Or Type Of Document
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other: ________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
__________________________________________
__________________________________________
__________________________________________
Number Of Pages
__________________________________________
Date Of Documents
__________________________________________
Signer(s) Other Than Named Above
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C-1
EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform Bennie Benton III, (the “Transferee”), that withholding of tax under Section 1445
of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of
certain real property to the Transferee by the Successor Agency to the Redevelopment Agency of the
City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax
Regulations promulgated thereunder);
2. The Transferor’s social security number or U.S. employer identification number is as
follows: _________________.
3. The Transferor’s home or office address is:
_________________________________________
_________________________________________
The Transferor understands that this certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by fine,
imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and
to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document.
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
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Packet Pg. 513 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue)
Consent Calendar
City of San Bernardino
Request for Council Action
Date: December 5, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Trish Rhay, Director of Public Works
Alex Qishta, P.E. Deputy DPW/City Engineer
Subject: Final Reading and Adoption - Amendment of Chapter 10.52 of
the San Bernardino Municipal Code to Reduce the Speed Limit
on Arrowhead Avenue between Highland Avenue and
Thompson Place from 45 mph to 35 mph
Recommendation
Adopt Ordinance MC-1502 of the Mayor and City Council of the City of San Bernardino,
California, amending Chapter 10.52 of the San Bernardino Municipal Code to reduce
the speed limit on Arrowhead Avenue between Highland Avenue and Thompson Place
from 45 mph to 35 miles per hour and authorize the staff to implement striping
modification.
Background
The California Vehicle Code (CVC) allows cities to set specific speed limits for streets
within their boundaries. In most cases, in order to be enforceable by radar, these speed
limits must be supported with an Engineering and Traffic Survey (E&TS). The first step
in completing the E&TS is to conduct a speed survey for traffic traveling on the road.
The speed limit is then set based on the “prevailing speed” (the rate at or below which
85% of the traffic is traveling), determined by the data gathered during the E&TS.
Typically, the prevailing speed is then rounded to the nearest five miles per hour (MPH)
increment to set the speed limit that will be posted.
On September 6, 2016, the Mayor and City Council adopted Ordinance No. MC-1428,
enacting speed limits on various City streets in accordance with California Vehicle
Code. In response to the adopted ordinance, the Council, and residents requested an
evaluation of the speed limit on Arrowhead Avenue between Highland Avenue and
Thompson Place. The requestors feel that the existing 45 mph speed limit is excessive
for this road segment that is almost entirely residential.
Staff re-evaluated speed limits on Arrowhead Avenue, conducted new speed survey,
and based on the re-evaluation recommended that the speed limit be reduced 5 miles
12/5/2018 9:43 AM
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Packet Pg. 514 Attachment: PW.Arrowhead - Report_2nd ReadingR (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
per hour on Arrowhead Street between Highland Avenue and Thompson Place to 40
mph.
Because the roadway segment of Arrowhead Ave between Thomson Place and Kendall
Drive meets the criteria for legal enforcement of 25 mph, it was further recommended
that the existing speed limit of 45 mph be completely eliminated as this road segment
meets the criteria for “residential district” speed limit.
On August 15, 2018 the City Council directed staff to review of the current completed
speed survey for total of speed reduction of 10 mph, from 45 to 35 mph. The City
Attorney’s office suggested reviewing the results of the survey and presented to Council
at this meeting. After this review, it was recommended to reduce the speed limit on
Arrowhead Avenue between Highland Avenue and Thompson Place from 45 to 40 miles
per hour.
Discussion
On November 7, 2018 Public Hearing, safety concerns were raised by the residents
including the hazards of backing out of their driveways. The City Council determined
reducing of the staff recommended speed limit of 40 mph to 35 mph was appropriate
because of the safety concerns raised during the meeting by the residents of Arrowhead
Avenue, such as site distances while backing and residential nature of the area. With
this change, the City Council Introduced Ordinance MC-1502.
In addition to the speed reduction to 35 mph, staff also proposed a Road Diet Striping
Alternative Plan which will calm traffic along Arrowhead Avenue.
Goals and Objectives
The proposed Ordinance amending San Bernardino Municipal Code Chapter 10.52
Speed Zones, aligns with Goal No. 2: Provide for the safety of City Residents and
Businesses. The project will utilize City programs to reduce crime and ensure that
neighborhoods and business area safe.
Fiscal Impact
The estimated cost is $35,000 for installing speed limit signs, traffic striping and
pavement markings. Sufficient funding is available in account No. 001-402-5111 (Street
Maintenance).
Conclusion
It is recommended that the Mayor and City Council adopt Ordinance MC-1502
authorizing the reduction of the speed limit on Arrowhead Avenue from 45 mph to 35
mph and authorize the staff to implement striping modification.
Attachments
Attachment 1 Ordinance
Attachment 2 Vicinity Map
12/5/2018 9:43 AM
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Packet Pg. 515 Attachment: PW.Arrowhead - Report_2nd ReadingR (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
Attachment 3 Engineering and Traffic Survey
Attachment 4 Traffic Calming Exhibit
Ward: 7
Synopsis of Previous Council Actions:
• September 6, 2016 – Ordinance No. MC-1428 adopted establishing speed zones on various
street segments throughout the City including Arrowhead Avenue between Highland Avenue
and Kendall Drive.
12/5/2018 9:43 AM
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Packet Pg. 516 Attachment: PW.Arrowhead - Report_2nd ReadingR (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
Ordinance No. MC-1502
ORDINANCE NO. MC-1502 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING
CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE
TO REDUCE THE SPEED LIMIT ON ARROWHEAD AVENUE
BETWEEN HIGHLAND AVENUE AND THOMPSON PLACE
FROM FORTY-FIVE MILES PER HOUR TO THIRTY-FIVE
MILES PER HOUR
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. Section 10.52.040 of the San Bernardino Municipal Code is amended by
deleting that portion which currently reads as Arrowhead Avenue between Highland Avenue and
Kendall Drive.
SECTION 2. Section 10.52.020 of the San Bernardino Municipal Code is amended by
inserting the following to the streets currently listed to read as follows: Arrowhead Avenue
between Highland Avenue and Thompson Place.
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
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 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.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 517 Attachment: PW.Arrowhead - ORDINANCE - Attachment 1R (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San
Ordinance No. MC-1502
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 518 Attachment: PW.Arrowhead - ORDINANCE - Attachment 1R (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San
Ordinance No. MC-1502
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. MC-1502, adopted at a regular meeting held at the ___ day of _______, 2018 by
the following vote:
AYES NAYS ABSTAIN ABSENT
_____ _____ _______ _______
_____ _____ _______ _______
_____ _____ _______ _______
_____ _____ _______ _______
_____ _____ _______ _______
_____ _____ _______ _______
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 519 Attachment: PW.Arrowhead - ORDINANCE - Attachment 1R (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San
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Packet Pg. 520 Attachment: PW.Arrowhead - Vicinity Map - Attachment 2 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San
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Packet Pg. 521 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 522 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 523 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 524 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 525 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 526 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 527 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 528 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
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Packet Pg. 529 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino
Road Diet Concept Lane Striping Configurations N Arrowhead Ave at Marshall Blvd NOT-TO-SCALE Parking Lane Bicycle Lane Buffer Area One Traffic Lane each Direction 56’ 12’ 12’ 8’ 8’ 15.ePacket Pg. 530Attachment: PW.Arrowhead - Traffic Calming Exhibit- Attachment 4 (5849 : Final Reading and Adoption -
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Packet Pg. 531 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization)
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Packet Pg. 532 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization)
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Packet Pg. 533 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization)
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Packet Pg. 534 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization)
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Packet Pg. 535 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization)
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Packet Pg. 536 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization)
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Packet Pg. 537 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization)
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Packet Pg. 538 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization)
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Packet Pg. 539 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization)
EXHIBIT AADD DELETE AMMEND TRANSFERFORESTRY SUPERVISOR NEW MIDDLE MGMT1.00 538 6,496.00$ 7,896.00$ Establish classification and amend FY2018/19 budget to include one positionSENIOR ARBORIST NEW GENERAL 1.00 498 5,321.00$ 6,468.00$ Establish classification and amend FY2018/19 budget to include one positionARBORIST NEW GENERAL 2.00 448 4,147.00$ 5,040.00$ Establish classification and amend FY2018/19 budget to include two positionsGROUNDWORKER ARBORIST NEW GENERAL2.003883,074.00$ 3,737.00$ Establish classification and amend FY2018/19 budget to include two positionsDATA ANALYST NEW GENERAL 1.00 440 3,984.00$ 4,843.00$ Establish classification and amend FY2018/19 budget to include one positionPARKS AND LANDSCAPE MAINTENANCE SUPERVISOR NEW MIDDLE MGMT1.00 513 5,734.00$ 6,970.00$ Establish classification and amend FY2018/19 budget to include one positionREAL PROPERTY MANAGER NEW MANAGEMENT 1.00 576 7,851.00$ 9,543.00$ Establish classification and amend FY2018/19 budget to include one positionFACILITIES MAINTENANCE MECHANIC 30623 GENERAL 1.00 416 3,535.00$ 4,297.00$ Amend FY2018/19 budget to include one positionNPDES COORDINATOR20550 MIDDLE MGMT1.00 516 5,821.00$ 7,075.00$ Transfer position from the Community & Economic Development Department to the Public Works Department and amend FY2018/19 budgetNPDES INSPECTOR II 30426 GENERAL 1.00 476 4,768.00$ 5,796.00$ Transfer position from the Community & Economic Development Department to the Public Works Department and amend FY2018/19 budgetPOOL MAINTENANCE COORDINATOR30585 GENERAL 1.00 412 3,465.00$ 4,212.00$ Transfer position from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetCEMETERY CARETAKER 30292 GENERAL 1.00 372 2,838.00$ 3,450.00$ Transfer three positions from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetPARKS MAINTENANCE WORKER II (PT)_00622 PART TIME 1.00 Part-Time 18.09/Hour21.99/HourTransfer two part-time positions from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetPARKS MAINTENANCE WORKER II 30622 GENERAL 2.00 396 3,199.00$ 3,889.00$ Transfer two positions from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetLANDSCAPE INSPECTOR I (FLEX)30637 GENERAL 3.00 426 3,716.00$ 4,516.00$ Transfer three positions from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetLANDSCAPE INSPECTOR II 30636 GENERAL 1.00 446 4,105.00$ 4,990.00$ Transfer position from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetMONTHLY BOTTOM SALARYMONTHLY TOP SALARY PROPOSED ACTION/CHANGECLASSIFICATIONCLASS CODEBARGAININGUNITSALARY RANGEFULL TIME EMPLOYEE (FTE) EQUIVELANT1 of 316.cPacket Pg. 540Attachment: HR.PW Reorganization.03.EXHIBIT A (5850 : Public Works Department Reorganization)
EXHIBIT AADD DELETE AMMEND TRANSFERMONTHLY BOTTOM SALARYMONTHLY TOP SALARY PROPOSED ACTION/CHANGECLASSIFICATIONCLASS CODEBARGAININGUNITSALARY RANGEFULL TIME EMPLOYEE (FTE) EQUIVELANTLEAD PARK CONSTRUCTION & MAINTENANCE WORKER 30593 GENERAL 1.00 446 4,105.00$ 4,990.00$ Transfer position from the Parks, Recreation & Community Services Department to the Public Works Department and amend FY2018/19 budgetDIRECTOR OF PUBLIC WORKS 10753 MANAGEMENT 1.00Change from 666 to 688 From $12,300.00 To $ 13,726.00 From $14,950.00 to $16,684.00 Amend job description, adjust salary range and include in amended FY2018/19 budgetSTREET SIGNAL AND LIGHTING SUPERVISOR 20369 MIDDLE MGMT1.00Change from 506 to 517 From $5,538.00 to $5,850.00 From $6,731.00 To $7,111.00 Amend job description, adjust salary range and include in amended FY2018/19 budgetLANDSCAPE INSPECTOR SUPERVISOR 20602 MIDDLE MGMT1.00506 5,538.00$ 6,731.00$ Delete classification and amend FY2018/19 budget, eliminating one positionLEAD MAINTENANCE WORKER 30490 GENERAL1.00436 3,906.00$ 4,747.00$ Amend FY2018/19 budget, eliminating one positionMAINTENANCE WORKER III 30488 GENERAL1.00416 3,535.00$ 4,297.00$ Amend FY2018/19 budget, eliminating one positionMAINTENANCE WORKER I (FLEX)30486 GENERAL3.00366 2,755.00$ 3,348.00$ Amend FY2018/19 budget, eliminating two positionsTREE TRIMMER ASSISTANT 30470 GENERAL1.00396 3,199.00$ 3,889.00$ Delete classification and amend FY2018/19 budget, eliminating one positionTREE TRIMMER ASSISTANT (PART- TIME) _00470 PART TIME Part-Time 18.09/Hour21.99/HourDelete job classificationTREE TRIMMER I 30483 GENERAL1.00406 3,363.00$ 4,088.00$ Delete classification and amend FY2018/19 budget, eliminating one positionTREE TRIMMER I (PART - TIME)_00483 PART TIME Part-Time 19.02/Hour23.12/HourDelete job classificationTREE TRIMMER II 30484 GENERAL1.00416 3,535.00$ 4,297.00$ Delete classification and amend FY2018/19 budget, eliminating one positionTREE TRIMMER II (PART-TIME)_00484 PART TIME Part-Time 19.99/Hour24.30/HourDelete job classificationASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST 30894 GENERAL1.00456 4,315.00$ 5,245.00$ Amend FY2018/19 budget, eliminating one positionASSESSMENT DISTRICT/REAL PROPERTY MANAGER 10448 MANAGEMENT 516 5,821.00$ 7,075.00$ Delete job classificationDEPARTMENTAL ACCOUNTING TECHNICIAN 30010 GENERAL1.00386 3,044.00$ 3,700.00$ Amend FY2018/19 budget, eliminating one position2 of 316.cPacket Pg. 541Attachment: HR.PW Reorganization.03.EXHIBIT A (5850 : Public Works Department Reorganization)
EXHIBIT AADD DELETE AMMEND TRANSFERMONTHLY BOTTOM SALARYMONTHLY TOP SALARY PROPOSED ACTION/CHANGECLASSIFICATIONCLASS CODEBARGAININGUNITSALARY RANGEFULL TIME EMPLOYEE (FTE) EQUIVELANTPARKS MAINTENANCE SUPERVISOR20601 MIDDLE MGMT1.005135,734.00$ 6,970.00$ Delete classification and amend FY2018/19 budget, eliminating one position3 of 316.cPacket Pg. 542Attachment: HR.PW Reorganization.03.EXHIBIT A (5850 : Public Works Department Reorganization)
PROPOSED - EXHIBIT B1
Class Code: _______
M/CC Date Adopted: _______________
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: Middle Management
Class Specification
FORESTRY SUPERVISOR
JOB SUMMARY
Under the supervision of the Public Works Operations and Maintenance Division manager,
plans, organizes, coordinates, promotes and supervises the City’s urban forestry program(s).
Performs professional work in implementing arboriculture activities and supervises the work of
staff in the inspection, planting, removal, preservation, and maintenance of City-owned trees
and related landscape in accordance with established policies and procedures.
DISTINGUISHING CHARACTERISTICS
The Forestry Supervisor will work with very limited direction and make decisions based on
highly-specialized knowledge obtained through training, certifications, and experience.
Develops City urban forestry policies, strategic plans, procedures, goals, and interprets/enforces
existing policies. Responsible for the direction of an entire section and exercises a broad range
of authority over complex urban forestry programs that are central to the maintenance,
nurturing, and sustainability of the City’s urban forest. Must plan and organize the work of
multiple arborist work crews including assigning work, reviewing results, resolving problems that
arise, implementing new methodologies, assessing arborist skills, providing training, and
managing multiple work order management systems.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related, or a logical assignment to this class.
1. Responsible for overall administration of the City’s urban forestry program including:
strategic plan development, project management, budget and cost accounting, grant
development, public relations, personnel management, resource distribution, and work
evaluation.
2. Plans and evaluates the performance of assigned staff; establishes performance
requirements and personal development targets; regularly monitors performance and
provides coaching for performance improvement and development; recommends
compensation and provides other rewards to recognize performance; subject to
management concurrence, takes disciplinary action, up to and including termination, to
address performance deficiencies, in accordance with the City’s human resources policies
and labor contract provisions.
3. Provides day-to-day leadership and works with staff to ensure a high-performance, customer
service-oriented work environment that supports achieving City objectives and service
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PROPOSED - EXHIBIT B1
expectations; provides leadership and participates in programs and activities that promote a
positive employee relations environment.
4. Provides technical and educational information to various public agencies, City departments,
businesses and citizens regarding proper arboricultural practices. Writes, reviews, and
amends ordinances, policies, and guidelines.
5. Develops and administers the City’s urban forestry safety program, including: OSHA
compliance and arboricultural industry requirements.
6. Inventories and maps City populated street trees; maintains and updates the street tree
master plan; plans inspection and maintenance of all trees in appropriate cycles; assigns
priorities and special projects.
7. Provides expert advice and direction on the proper care of trees; schedules the planting and
removal of City trees; plans and directs seasonal pruning schedules; determines placement
of new street trees; diagnoses diseases and infestations and determines treatment/remedy
or removal requirements.
8. Serves as the City's representative for urban forestry at public meetings and interactions
with various outside agencies, citizen groups and the media on issues related to urban
forestry. Develops, manages and administers public education campaigns and educational
materials.
9. Responsible for the development and administration of contractual agreements for tree
services provided including: purchase/payment of plant material, inventory, planting, pruning
and/or removal of trees located on City property.
10. Reviews landscape designs for new commercial and urban development to ensure
consistency with ordinances pertaining to urban forestry. Performs onsite inspections of new
developments and collaborates with the City’s Urban Planning department.
11. Routinely evaluates trees for hazards and damage or maintenance requirements to
determine appropriate care or necessary and/or immediate action, the presence of disease
or insect infestations, and appropriate treatment or care.
12. Oversees the maintenance of the computerized tree inventory program and work order
management system.
13. Receives and investigates citizen requests for tree services and determines appropriate
response/action.
14. Responds and leads all City efforts related to emergency response tree issues to include
those related to weather events or natural disasters.
15. Monitors and keeps up to date on new trends and approaches in arboriculture; prepares and
maintains a variety of records and reports.
16. Involved in hiring, training, motivating, disciplining, certifying, and evaluating employees.
Ensures adequate and regular training is provided to employees and evaluates skills.
17. Structures and conducts vigorous safety training for staff on the safe operation of potentially
dangerous equipment such as power chainsaws/wood chipper, and hazardous situations
involving tree branch removal from utility lines.
18. Orders and maintains an adequate supply of materials and supplies.
19. Authors press releases for upcoming tree work and instructs subordinates to deliver
notification to residents; authors urban forest master plan and conducts updates as needed.
GENERAL QUALIFICATIONS
Knowledge of:
1. Principles and modern practices of arboriculture used in urban forest environments and
park settings.
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PROPOSED - EXHIBIT B1
2. Tree maintenance methods, standards, techniques and practices, including emergency
response and control of tree hazards.
3. Extensive knowledge (and practical application) of the methods, techniques, and
equipment used in arboriculture and tree climbing/aerial activities, including rigging and
relevant safety practices.
4. Extensive knowledge of tree species, tree physiology, entomology, native soils, plant
culture and care.
5. Local tree species and their growth characteristics.
6. Insects and diseases that infect trees and plants in San Bernardino City/County and the
action necessary to correct the problem.
7. City ordinances, codes, procedures and practices regarding urban forest maintenance
and inspection, and unit administration and operations.
8. Applicable local, state, and federal laws.
9. Safe work practices, methods and techniques applicable to areas of responsibility.
10. Uses, operation and upkeep of tree maintenance equipment and materials.
11. City layout and geography and use of work order management system maps to link
assets.
12. Principles and practices of sound business communications.
13. City practices and procedures for budgeting, purchasing and maintenance of public
records.
14. Principles and practices of effective supervision.
15. City human resources policies and labor contract provisions.
Ability to:
1. Diagnose and remedy diseased trees, to include removals and chemical treatments.
2. Plan, lay-out, supervise and review the work of staff engaged in performing urban
forestry maintenance and inspection activities.
3. Define issues, analyze problems, evaluate alternatives and develop sound, independent
conclusions and recommendations in accordance with laws, regulations, rules and
policies.
4. Organize, set priorities and exercise sound independent judgment within areas of
responsibility.
5. Motivate and train staff and enhance their professional development.
6. Understand and interpret applicable laws, codes and ordinances.
7. Communicate effectively both orally and in writing; present information clearly, logically
and persuasively.
8. Collaborate with other City departments and local agencies in diverse activities and
programs.
9. Prepare and present reports to City Council, community groups, and other local
agencies.
10. Monitor operating and capital budgets for the urban forestry program.
11. Serve as the City’s key advocate for urban forestry.
12. Demonstrate behavior consistent with organizational values and ethics.
13. Ensure work site safety and collaborate with appropriate agencies when closing City
streets.
14. Exercise tact and diplomacy in dealing with sensitive situations, citizens, and customers.
15. Compose and prepare well-written, concise, and error-free correspondence with
citizens/customers regarding customer service concerns and issues. Organize, set
priorities, and exercise sound independent judgment within areas of responsibility.
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PROPOSED - EXHIBIT B1
16. Establish and maintain effective working relationships with those encountered in the
course of work.
17. Use measurement system to monitor progress of goal achievement.
18. Work on-call or extended shifts.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
Graduation from an accredited college or university with a Bachelor’s Degree in Urban
Forestry, Arboriculture, Natural Resources, Horticulture, or a related field plus a minimum of
five (5) years of experience in an urban forestry section or division or an equivalent
combination of training and experience.
Accreditation shall be by a national or regional accreditation body that is recognized by the
Secretary of the United States Department of Education.
Licenses; Certificates; Special Requirements:
A valid class “B” commercial California driver's license and the ability to maintain insurability
under the City’s vehicle insurance policy.
A valid certification from the International Society of Arboriculture (ISA).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, employees are regularly required to handle, feel or
operate objects, tools, or controls and reach with hands and arms. The employee frequently is
required to walk, sit, climb or balance, stoop, kneel, crouch or crawl.
The employee must frequently lift and/or move up to 50 pounds and occasionally lift and/or
move up to 100 pounds. Specific vision abilities required for this job include close vision,
distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee occasionally works in outside weather conditions and is exposed to fumes or
airborne particles and risk of electrical shock. The employee is frequently required to perform
tasks on ladders in high places and is exposed to areas with heavy vibration. The noise level is
loud.
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PROPOSED - EXHIBIT B2
Class Code: _________
M/CC Date Adopted: _______________
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: General
Class Specification
SENIOR ARBORIST
JOB SUMMARY
Performs a variety of advanced technical work in the planting, trimming, pruning, felling and
removal of City-owned trees and shrubbery in the capacity of a field leader; operates and
maintains tree trimming, tree removal, and branch disposal equipment; directs tasks being
performed by lower-level crew members on the field; and performs related work as required.
Provides a high level of customer service to both internal and external customer. Duties are
performed under the direction of the Forestry Supervisor.
DISTINGUISHING CHARACTERISTICS
The work in this class involves leading field crews in the performance of a variety of tasks in tree
and shrub care which includes pruning, planting, removal, fertilizing, pest control, and tree
preservation. An incumbent is responsible for leading and participating in the work of staff
engaged in pruning, trimming and shaping trees, planting and transplanting trees, stump
grinding, watering, and performing a variety of tree maintenance and related administrative
duties to include underground utility ticket dispatching and work order management data input.
Incumbents are assisted by one or several Forestry division members.
The Senior Arborist is distinguished from the Forestry Supervisor in that the incumbent in the
latter class is responsible for planning and overseeing all operations of the Forestry division.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Supports the Forestry Supervisor in administering, overseeing and inspecting contracted
urban forestry projects; maintains and inputs computerized tree inventory and
maintenance records; responds to citizen requests regarding parkway and right of way
trees;
2. Provides lead field-work directions to assigned tree maintenance staff; plans daily
workloads for an assigned crew; provides technical assistance and guidance to crew
members; inspects the work of employees to ensure conformance with safe work
methods and City standards.
3. Plants, transplants, stakes, ties, grafts, and fertilizes a variety of street and shade trees;
trims, shapes and otherwise maintains street and park trees; removes and grinds tree
stumps; chips brush; renovates tree wells; maintains equipment.
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PROPOSED - EXHIBIT B2
4. Uses rigging, ropes, lines and tackle in climbing trees and lowering branches to the
ground; applies proper slings and knots to the rigging as necessary; utilizes aerial trucks
or aerial cranes to trim trees in high elevation.
5. Removes dead, broken and misshapen branches using saws and other tools; removes
overhanging branches and split or broken limbs after storms; removes tree stumps; cuts
trees and branches for removal; stakes young trees; performs minor tree surgery.
6. Mixes insecticides, fertilization and other chemicals; using power sprayer, sprays trees,
plants and shrubs and landscaped areas.
7. Removes rotted tree areas by chiseling; disinfects and treats cavities; cuts and removes
roots; removes diseased, standing or fallen trees.
8. Seeds and sod various areas as required.
9. Performs diagnosis of insect or disease-infested trees.
10. Assists the Forestry supervisor in developing tree removal and/or tree replanting
response strategies and compiles data (tree inventory) as required.
11. Takes the in-the-field lead in responding to citizen inquiries and requests for information.
12. Ensures that proper safety procedures and personal protective equipment is used for the
protection of pedestrians, traffic, and crew members.
13. Loads, unloads, and maneuvers a variety of materials such as brush, limbs, mulch, and
other items as required.
14. Leads post-tree pruning/removal clean-up of job sites and ensures area is left in pristine
condition
15. Reads, interprets forms, instructions, labels and other information regarding tree
evaluation and job sheets, equipment operation, and product application and provides
guidance to crews regarding their use
16. Drives boom trucks/aerial cranes (up to 55 feet) and operates large trucks requiring a
Class ‘B’ Commercial Driver’s License and maintains a variety of power and hand
equipment and tools, including power and hand saws, chippers, hydraulic buckets,
power hoists, stump cutters, axes, polesaws, pruning poles, power tools, long-handled
clippers and similar tools and equipment.
17. Assists in the maintenance of tree nurseries and in the procurement of new trees from
vendors.
18. May assist in the preparation of press releases for tree related work
GENERAL QUALIFICATIONS
Knowledge of:
1. Principles, practices and techniques of arboriculture and tree maintenance, including
rigging, species identification, planting, pruning and relevant safety practices.
2. Use and maintenance of hand and power tools, such as pruning poles, hand and power
saws, axes, shovels, ladders, stake drivers, brush chippers, stump cutters, hydraulic
buckets and power hoists.
3. Safe work methods and regulations pertaining to the work.
4. Cultivation and maintenance requirements of trees used in parks, parkways and for
ornamental purposes.
5. Power-driven equipment used in the planting, felling, pruning, maintenance and removal
of trees and shrubbery.
6. Types of insects, parasites and plant diseases which attack trees and the insecticides
and other materials or methods used in their eradication and control.
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PROPOSED - EXHIBIT B2
Ability to:
1. Provide effective lead work direction to arborist or landscaping crews.
2. Perform tree planting, transplanting, pruning, trimming and removal.
3. Climb and work safely at considerable heights above the ground in high-range hydraulic
lifts or in trees.
4. Perform skilled work in the trimming, planting, cultivating, maintenance and removal of
trees and shrubbery.
5. Perform heavy manual tasks for extended periods of time.
6. Use appropriate safe-work practices and equipment.
7. Keep basic written and/or automated records of work performed.
8. Follow written and oral instructions.
9. Establish and maintain effective working relationships with City management, staff, the
public and others encountered in the course of work.
10. Skill in exercising judgement and making safe decisions.
11. Accept and share responsibility.
12. Perform duties effectively in extreme temperatures and adverse weather conditions.
13. Use mobile computers to read electronic maps, schematics, and blueprints related to
City-owned trees.
14. Ability to read site plans.
15. Work on-call or extended shifts.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from high school or G.E.D. equivalent; and four (4) years of demonstrated experience
leading crews in the pruning, trimming, removal, planting, and caring for trees; or an
equivalent combination of training and experience.
Licenses; Certificates; Special Requirements:
A valid class “B” commercial California driver's license and the ability to maintain insurability
under the City’s vehicle insurance policy.
A valid certification by the International Society of Arboriculture (ISA).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to use hands to finger,
handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee
frequently is required to stand and talk or hear. The employee is frequently required to walk; sit;
climb or balance; stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move
up to 70 pounds and occasionally lift and/or move up to 100 pounds.
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PROPOSED - EXHIBIT B2
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and the ability to adjust focus.
Must also possess physical ability to work effectively in precarious positions at considerable
heights using equipment such as chainsaws weighing up to 20 pounds. Load, unload, and
maneuver a variety of materials such as brush, limbs, and mulch weighing up to 150 pounds.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee regularly works in outside weather conditions and works with or near dangerous
tools/equipment. The employee is frequently exposed to wet and/or humid conditions and
vibration; is exposed to street/road traffic; and works in high, precarious places. The employee
is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of
electrical shock. The noise level in the work environment is frequently loud.
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PROPOSED - EXHIBIT B3
Class Code: ________
M/CC Date Adopted: _______________
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: General Unit
Class Specification
ARBORIST
JOB SUMMARY
Under supervision, performs a variety of skilled work in the planting, trimming, pruning of trees
along with chipping brush and providing tree removal support and related landscape
maintenance; operates and maintains arborist tools and equipment and ensures safety
procedures are followed; and performs related work as required.
DISTINGUISHING CHARACTERISTICS
Arborist is the skilled journey-level class in the Arborist series. An incumbent is responsible for
leading and participating in the work of staff engaged in pruning, trimming and shaping trees,
nurturing, planting and transplanting trees and performing a variety of tree maintenance and
related landscaping duties. Incumbents are assisted by one or several groundworker arborists
and/or Maintenance Workers.
Arborist is distinguished from groundworker arborist in that an incumbent in the former class has
more knowledge and experience in pruning, felling, trimming, planting and general arboriculture
responsibilities and in the expert use of related equipment.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. With little or no supervision, plants, transplants, stakes, ties, grafts, and fertilizes a
variety of street and shade trees; trims, shapes and otherwise maintains street, rights of
way, and park trees; removes and grinds tree stumps; chips brush; renovates tree wells.
2. Removes dead, broken and misshapen branches using saws and other tools; removes
overhanging branches and split or broken limbs after storms; removes tree stumps; cuts
up trees and branches for removal; stakes young trees; performs minor tree surgery.
3. Mixes insecticides and sprays; using power sprayer, sprays trees, plants and shrubs on
streets and other landscaped areas.
4. Uses rigging, ropes, lines and tackle in climbing trees and lowering branches to the
ground; applies proper slings and knots to the rigging as necessary; utilizes aerial trucks
to trim trees in high elevation.
5. Removes rotted tree areas by chiseling; disinfects and treats cavities; cuts and removes
roots; removes diseased, standing or fallen trees.
6. Drives boom truck and operates large dump trucks requiring a Commercial Drivers
License and maintains a variety of power and hand equipment and tools, including
power and hand saws, chippers, hydraulic buckets, power hoists, stump cutters, axes,
polesaws, pruning poles, long handled clippers and similar tools and equipment.
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PROPOSED - EXHIBIT B3
7. Prepares and maintains basic records including daily worksheets and maintenance
requests.
8. Inputs data into mobile work order management program and utilizes mobile technology
geographic information system (GIS) for tree inventory.
9. Responds to questions or complaints from the public and uses de-escalation tactics
when necessary and/or refers citizens to Senior Arborist of the Forestry Supervisor.
10. Ensures proper safety procedures and personal protective equipment (PPE) is used for
the protection of pedestrians, traffic, and crew members; corrects and instructs
subordinate groundworker arborists on the improper use of PPE or improper work site
safety set-up.
11. May work in precarious positions at moderate heights above ground under the
supervision of the senior arborist.
12. Reads forms, instructions, labels and other information regarding tree evaluation and job
sheets, equipment operation, and product application and collaborates with the senior
arborist if clarification is needed.
13. Participates in educational and/or community programs advocating the benefits of an
urban forest and supports the senior arborist and Forestry Supervisor at such events.
14. Supports soil conservation efforts and reports issues to the senior arborist or Forestry
Supervisor.
15. Provides related landscape maintenance (to include brush removal or minor mowing) as
needed.
16. Cares for equipment and tools through proper maintenance.
17. Supports the maintenance of city tree nursery and accepts deliveries of new trees using
forklifts or articulating equipment (mini-end loader, skid steer, end loader).
18. Stockpiles soil as needed and recycles mulch for use in landscaping beds.
19. Transports brush and tree debris/logs in accordance with local, federal and state
guidance
20. Hand-delivers tree removal notifications to affected homeowners and answers any
questions that may be asked.
GENERAL QUALIFICATIONS
Knowledge of:
1. Practices and techniques of arboriculture and tree maintenance, including species
identification, planting, pruning, rigging and relevant safety practices.
2. Use and maintenance of hand and power tools, such as pruning poles, hand and power
saws, axes, shovels, ladders, stake drivers, brush chippers, stump cutters, hydraulic
buckets and power hoists.
3. Safe work methods and regulations pertaining to the work.
4. Cultivation and maintenance requirements of trees used in parks, rights of ways,
parkways, and for ornamental purposes.
5. Power-driven equipment used in the planting, felling, pruning, maintenance and removal
of trees and shrubbery.
6. Types of insects, parasites and plant diseases which attack trees and the insecticides
and other materials or methods used in their prevention and eradication.
Ability to:
1. Safely perform tree planting, transplanting, pruning, trimming and removal with minimal
supervision
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PROPOSED - EXHIBIT B3
2. Perform heavy manual tasks for extended periods of time with minimal supervision
3. Climb and work safely at considerable heights above the ground in high-range hydraulic
lifts or in trees.
4. Perform skilled work in the trimming, planting, cultivating, maintenance and removal of
trees and shrubbery.
5. Read site plans and blueprints.
6. Additional knowledge of safety procedures used in the arboriculture field.
7. Use appropriate safe work practices and equipment.
8. Keep basic written records of work performed and utilize work order management
systems (to include mobile technology).
9. Skill in exercising judgment.
10. Demonstrate excellent customer service skills.
11. Follow written and oral instructions.
12. Establish and maintain effective working relationships with City management, staff, the
public and others encountered in the course of work.
13. Function in an independent work setting or in a team.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from high school or G.E.D. equivalent; and three (3) years of experience in the pruning,
trimming, planting, preservation, and caring for trees; or an equivalent combination of
training and experience. Associates Degree or higher in urban forestry, horticulture,
landscape management, parks recreation, is highly desired.
Licenses; Certificates; Special Requirements:
A valid class “B” California driver's license and the ability to maintain insurability under the
City’s vehicle insurance policy.
A valid Certification by the International Society of Arboriculture (ISA)
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to use hands to finger,
handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee
frequently is required to stand and talk or hear. The employee is frequently required to walk; sit;
climb or balance; stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move
up to 50 pounds and occasionally lift and/or move up to 100 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and the ability to adjust focus.
Must also possess physical ability to:
Work effectively in precarious positions at moderate heights using equipment such as a
chainsaw weighing up to 20 pounds. Load, unload and maneuver a variety of materials such
as brush, limbs, and mulch weighing up to 150 pounds from truck beds or trailers.
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WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee regularly works in outside weather conditions and works with or near dangerous
tools and equipment. The employee is frequently exposed to wet and/or humid conditions and
vibration; is exposed to street/road traffic; and works in high, precarious places. The employee
is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of
electrical shock. The noise level in the work environment is frequently loud.
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PROPOSED - EXHIBIT B4
Class Code:__________
M/CC Date Adopted: _______________
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: General Unit
Class Specification
GROUNDWORKER ARBO RIST
JOB SUMMARY
Under supervision, performs a variety of semi-skilled tasks in the planting, trimming, pruning of
trees along with chipping brush and providing tree removal support and related landscape
maintenance; operates and maintains tree trimming equipment and ensures safety procedures
are followed. Performs related work as required.
DISTINGUISHING CHARACTERISTICS
Groundworker Arborist performs routine tasks as directed by senior staff of the Forestry division.
General assignments are received from the Forestry Supervisor and/or Senior Arborist and may
be performed under the supervision of an arborist. The Groundworker Arborist operates and
performs maintenance on arboriculture equipment and ensures the safety of pedestrians and all
individuals near the worksite. The work in this class involves operating equipment such as
stump grinders, wood chippers, tractors, riding lawn mowers, loaders, skidsteers, and various
hand tools including chainsaws, leaf blowers, and power pruners.
Groundworker Arborist is distinguished from Arborist in that incumbents in the latter class must
have more extensive knowledge, training, and skills in the full range of arboriculture operations
and require a Class ‘B’ Commercial Driver’s License (CDL) along with certification from the
International Society of Arboriculture (ISA).
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Under supervision, ensures proper set up/break down of a work site; controls any
pedestrian activity and ensures the safety of both the crew and the public; contributes to
a safe work site by adhering to all required safety procedures.
2. Under supervision, removes dead, broken and misshapen tree branches using saws and
other tools; removes tree stumps using power stump grinder or manual labor.
3. Assists in the planting and staking of new trees.
4. Seeds and sods various areas as directed.
5. Loads and unloads a variety of materials such as brush, limbs, mulch, and other items
as directed.
6. Under supervision, operates and utilizes the power wood chipper to cut up trees and
branches for removal from job sites; cleans truck bed and bin; cleans and maintains
power chipper; may operate non-commercial driver’s license boom truck; operates and
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maintains a variety of other power and hand tools, including power and hand saws,
stump cutters, axes, polesaws, pruning poles, and long-handled clippers.
7. May respond to questions or complaints from the public and may defer questions to
senior arborists.
8. Supports the removal of trees from City streets, parks, rights of ways and City-owned
properties.
9. Performs post-tree removal clean-up of job sites such as raking and sweeping of tree
debris.
10. Provides work activity sheets to senior staff of the Forestry division upon completion of
tasks and may input basic work data onto work order management systems.
GENERAL QUALIFICATIONS
Knowledge of:
1. Safe working practices.
2. Power-driven equipment used in the planting, felling, pruning, maintenance and removal
of trees and shrubbery.
3. Names and characteristics of common shade and ornamental trees used in parks and
parkways in the local area.
4. Basic work order input.
5. Basic site plans.
Ability to:
1. Perform basic and supports work in the trimming, planting, pruning, maintenance and
removal of trees and related plants.
2. Safely utilize the power wood chipper to cut up trees/branches under supervision.
3. Use chain saws, hand saws, power and manual pruners, blowers, rakes, and riding lawn
mowers.
4. Tie and stake new trees.
5. Understand and carry out oral and written instructions.
6. Communicate clearly and concisely, with citizens encountered at work sites.
7. Establish and maintain effective relationships with those contacted in the course of work.
8. Comply with all safety policies and procedures in work settings (including working in
traffic).
9. Perform specific assignments provided by senior arborists as they relate to urban
forestry preservation and care.
10. Work in teams and independently when required.
11. Perform basic landscape duties such as mulching, seeding, raking, mowing.
12. Load/unload and maneuver a variety of materials such as brush, limbs, and mulch
weighing up to 150 pounds.
13. Water plants/trees using portable equipment.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from high school or G.E.D. equivalent; and at least one (1) year of experience in landscape
or tree maintenance in a municipal setting or with a private tree/landscape maintenance
company; or an equivalent combination of training and experience.
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Licenses; Certificates; Special Requirements:
A valid class “B” commercial California driver's license is highly desired.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to use hands to finger,
handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee
frequently is required to stand and talk or hear. The employee is frequently required to walk; sit;
climb or balance; stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move
up to 50 pounds and occasionally lift and/or move up to 100 pounds.
Must also possess physical ability to load, unload, and maneuver a variety of materials such as
brush, limbs, and mulch weighing up to 150 pounds from truck beds or trailers with equipment.
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee regularly works in outside weather conditions and works near dangerous moving
mechanical parts. The employee is frequently exposed to wet and/or humid conditions and
vibration; is exposed to street/road traffic. The employee is occasionally exposed to fumes or
airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the
work environment is frequently loud.
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PROPOSED - EXHIBIT B5
Class Code: _________
M/CC Date Adopted: _______________
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: Middle Management
Class Specification
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR
JOB SUMMARY
Under direction, plans, schedules and supervises parks and landscape maintenance district’s
maintenance and/or construction crews engaged in maintaining the City’s parks, landscaped
properties, and related facilities in a safe and aesthetically pleasing manner for the public’s use
and enjoyment; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Parks and Landscape Maintenance Supervisors are responsible for planning, scheduling,
supervising and evaluating the work of assigned park maintenance crews. Incumbents inspect
and assess maintenance needs in parks, special funding districts (SFDs), park facilities and
plan and estimate requirements to address these needs. Duties and responsibilities are carried
out with considerable independence within the framework of established policies, procedures
and guidelines.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes, supervises and evaluates the work of assigned or contracted staff;
with staff, develops, implements and monitors work plans to achieve assigned goals and
objectives; contributes to the development and monitoring of performance against the
annual park maintenance budget; participates in developing, implementing and
evaluating work programs, plans, processes, systems and procedures to achieve park
maintenance and City goals, objectives and performance measures consistent with the
City’s quality and service expectations.
2. Plans and evaluates the performance of assigned staff; establishes performance
requirements and personal development targets; regularly monitors performance and
provides coaching for performance improvement and development; recommends
compensation and provides other rewards to recognize performance; subject to
management concurrence, takes disciplinary action, up to and including termination, to
address performance deficiencies, in accordance with the City’s human resources
policies and labor contract provisions.
3. Provides day-to-day leadership and works with staff to ensure a high performance,
customer service-oriented work environment that supports achieving City objectives and
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service expectations; provides leadership and participates in programs and activities that
promote a positive employee relations environment.
4. Plans, lays out, schedules, inspects and evaluates the work of skilled and semi-skilled
personnel engaged in the maintenance, repair, and improvement of City parks and
related facilities, including playground areas and equipment, parkways, athletic fields,
irrigation systems, fences, sidewalks and parking lots.
5. Inspects and assesses the maintenance needs of parks, special funding districts, and
related facilities and plans and schedules work as required; estimates labor, material
and equipment requirements for assigned work and projects; requisitions parts, tools,
equipment and material for assigned work and projects; inspects, repairs, replaces and
oversees maintenance of parks maintenance equipment and tools.
6. Carries out the City’s safety program for the division; ensures assigned personnel follow
safety practices in work methods and procedures; educates assigned personnel on
rules, regulations, codes, safe work habits and potential hazards presented by their work
environment; maintains complete and current safety records.
7. Provides technical assistance to staff and others regarding the maintenance and care of
parks, landscaped areas and related facilities.
8. Coordinates work with other staff, divisions and outside agencies.
9. Responds to citizen complaints by telephone or in person.
10. Prepares and presents clear and concise field and administrative reports and maintains
a variety of parks maintenance records.
11. Determines and directs the application of pesticides, herbicides and fertilizers.
12. Participates in the planning and organization of special events, oversight of the set up
and tear down of special events; supervises assigned staff during special events.
13. Plans, organizes, supervises and evaluates the work of assigned Cemetery staff; with
staff, develops, implements and monitors work plans to achieve assigned goals and
objectives at the Cemetery.
14. Plans, organizes, supervises and evaluates the work of assigned Quality of Life Non-
Safety staff in conjunction with the San Bernardino Police Department (SBPD); with
staff, develops, implements and monitors work plans to achieve assigned goals and
objectives; contributes to the development and monitoring of performance against the
annual park maintenance budget; participates in developing, implementing and
evaluating work programs, plans, processes, systems and procedures to achieve City
goals, objectives and performance measures consistent with the City’s quality and
service expectations; procures materials and equipment, plans Citywide removal of
illegal dumps and abandoned illegal camp sites.
GENERAL QUALIFICATIONS
Knowledge of:
1. Principles, practices, techniques, methods, equipment and tools used in park
maintenance, including maintenance of large landscaped areas, turf and ornamental
plants, shrubs and trees; irrigation system installation, maintenance and repair; weed
and pest control; plant disease treatment; proper plumbing and electrical procedures and
applications.
2. Methods and techniques of equipment operation and repair.
3. Federal, state and local laws, regulations and court decisions applicable to assigned
areas of responsibility.
4. City safety policies and procedures and safe work practices.
5. Methods and practices of work scheduling.
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6. Uses and operations of computers and standard business software.
7. Principles and practices of effective supervision.
8. City human resources policies and procedures, Civil Service Rules and labor contract
provisions
Ability to:
1. Plan, organize, supervise, assign, inspect and evaluate the work of several parks
maintenance crews and develop and implement sound work standards.
2. Organize, set priorities and schedules and exercise sound independent judgment within
areas of responsibility.
3. Calculate staffing, equipment and materials requirements for assigned projects.
4. Read, interpret and work with blueprints, diagrams and sketches.
5. Communicate clearly and concisely, both orally and in writing.
6. Recognize a wide variety of plants, plant diseases and pests.
7. Prepare clear, concise and comprehensive records of work completed, correspondence,
reports and other written materials.
8. Train others in the performance of skilled park maintenance duties and equipment
operation.
9. Understand and carry out oral and written instructions.
10. Operate tools, irrigation and other systems and light and heavy equipment used in the
scope of work projects and train others in their usage.
11. Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.
12. Establish and maintain effective working relationships with members of the public, staff
and others encountered in the course of work.
13. Ensure all required certifications by staff are attained.
14. Utilize work order management systems and related mobile technology.
15. Provide excellent customer service to citizens and internal customers.
MINIUMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from high school or G.E.D. equivalent; supplemental training and education in the field of
horticulture or a closely related field; and four (4) years of progressively responsible
experience in parks and related facilities maintenance, at least one (1) of which was in a
lead capacity; or an equivalent combination of training and experience.
Licenses; Certificates; Special Requirements:
A valid California driver’s license and the ability to maintain insurability under the City’s
vehicle insurance policy.
State of California Qualified Applicator Certificate B- Landscape Maintenance Category
must be obtained within 180 days of employment.
Playground Safety Inspector Certificate must be obtained within one (1) year of
employment.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
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PROPOSED - EXHIBIT B5
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; stand and walk;
talk or hear, both in person and by telephone; use hands to finger, handle and feel computers
and standard business equipment; and reach with hands and arms. The employee is frequently
required to climb or balance, stoop, kneel, crouch or crawl and occasionally lift up to 50 pounds.
Specific vision abilities required by this job include close vision, distance vision, peripheral vision
and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee works both in indoor and outdoor working
environments. Under typical office conditions, the noise level is usually quiet. When working in
outside conditions, the employee may be exposed to wet and/or humid conditions, where the
noise level may be loud.
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PROPOSED - EXHIBIT B6
Class Code: _________
M/CC Date Updated: _________
City of San Bernardino Signature:
Director, Human Resources
Bargaining Unit: Management
Class Specification
REAL PROPERTY MANAGER
JOB PURPOSE
Under direction from the City Engineer, performs a wide variety of responsible
professional, technical and administration of the City’s Real Property Programs and
performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Real Property Manager is responsible for performing a range of specialized,
professional-level duties associated with property management, municipal engineering,
land use planning and development, and public law functions. The incumbent
supervises and participates in the work of Assessment District/Real Property Specialists
in the unit. The work of this class entails the use of independent judgment and
application of knowledge regarding real estate titles/appraisals, the acquisition or
disposition of property and easements, the formation/administration of assessment
districts, and myriad additional assignments.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work
that may be performed. The omission of specific statements of duties does not exclude
them from the position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes and directs the implementation and management of the City's
Real Estate programs, including the oversight of all related activities, property
acquisitions and disposal, leases, and contracts.
2. Negotiates management services, client terms and conditions and maintenance
contracts for all City leased properties.
3. Conducts preliminary and final negotiations with property owners, developers,
financial representatives and other for the acquisition, disposition and
development of properties for all City purposes.
4. Prepares and oversees the property management budget and financial
transactions as well as coordinates the accounting, revenues, and expenses for
all City properties.
5. Conducts regular property inspections and manages tenant grievances for the
purpose of preserving City properties and maintaining safe business conditions
for tenants.
6. Generates, tracks, and monitors right of use documentation such as notices to
property owners, licenses, leases, and agreements that generate revenue.
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PROPOSED - EXHIBIT B6
7. Directs and participates with subordinate staff and consultants to form and
administer Special Financing Districts such as Landscape Maintenance Districts
(LMDs) or Community Facilities Districts (CFDs).
8. Reviews landscape maintenance plans for the districts to ensure compliance with
City standards and conditions of approval.
9. Monitors land development within districts; collects and analyzes data needed to
apply special tax and assessment formulae; directs the compilation of costs for
all districts and prepares annual tax assessment rolls and files with County Tax
Collector.
10. Researches and identifies examines right-of-way and easement requirements
based on City needs; researches and examines county assessor and other
public records to identify ownership of affected property and to determine
property rights and descriptions; performs title searches and analyzes title
reports, litigation guarantees and court documents to determine liens, restrictions
and encumbrances on properties.
11. Prepares in-house appraisals or obtains and reviews outside appraisal reports;
prepares legal descriptions and plat maps; negotiates right-of-way and easement
acquisitions with property owners; prepares or reviews contracts, agreements,
deeds, reconveyances, rights-of-entry and other documents used to acquire or
vacate interests in rights-of-way and easements.
12. Plans and administers street/alley/easement vacations; conducts field reviews
and assesses requested vacations for potential conflict; coordinates and
negotiates with involved parties/agencies to mitigate conflicts; prepares required
notices and City Council resolutions.
13. Develop requests for proposal and qualifications for professional services related
to right-of-way as well as participate in the evaluation and negotiation process.
14. Regularly attend and make presentations at hearings and City Council meetings
as well as attend and provide input for other public meetings in order to address
property issues.
GENERAL QUALIFICATIONS
Knowledge of:
1. Principals, Practices, economics and legal requirements pertaining to the
acquisition, disposition and development of property for public purpose.
2. Theories, principles, and practices of appraisal, asset/property management and
real estate acquisitions and leasing.
3. Applicable local, state, and federal laws, rules, and regulations governing right-
of-way, acquisition, appraisal, leasing, relocation and related compensation.
4. Project management methods and techniques.
5. Principles, practices and legal requirements of community service districts,
community facilities districts and assessment districts.
6. Principles and practices of accounting and financial analysis.
7. State and local laws regarding annexations.
8. Concepts, methods and techniques for appraising property and establishing
market value.
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PROPOSED - EXHIBIT B6
9. Methods and techniques for property recordation and property records search.
10. Principles and practices of sound business communication.
11. Principles and practices of effective management and supervision.
12. City human resources policies and labor contract provisions.
Ability to:
1. Plan, organize, manage and direct a variety of complex special district program
functions and activities to achieve program goals and objectives.
2. Identify and analyze complex program, administrative, operational and
organizational objectives and issues, evaluate alternatives and reach sound,
logical, fact-based conclusions and recommendations.
3. Collect, evaluate and interpret applicable financial data and conduct complex
financial analyses.
4. Coordinate multiple project activities with multiple stakeholders and facilitate
compliance with program requirements.
5. Apply sound, creative problem-solving techniques to resolve difficult program
issues and problems.
6. Understand, interpret, explain and apply federal, state and local laws and
regulations applicable to areas of responsibility.
7. Perform sound property appraisals.
8. Read and interpret engineering and landscape architecture plans.
9. Research and establish property ownership.
10. Understand, interpret and respond to internal and external stakeholder needs
and expectations.
11. Prepare clear, concise, comprehensive and legally sound financial analyses,
technical reports, position papers and other documents appropriate to the
audience.
12. Present conclusions and recommendations clearly, logically and persuasively to
both internal and external stakeholders.
13. Ensure the maintenance of all required files, records and documentation.
14. Exercise independent judgment and initiative within established guidelines.
15. Communicate clearly and effectively, both orally and in writing.
16. Use tact, discretion and diplomacy in dealing with sensitive situations and
concerned property owners.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is
graduation from an accredited four-year college or university with a major in
engineering, finance, public or business administration or a closely related field; and
at least five (5) years of progressively responsible property management and real
estate experience, including appraisal and negotiation for acquisition, rental and sale
of real property and right-of way work; or an equivalent combination of training and
experience. Supervisory and real property management experience in a public
agency is preferred.
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PROPOSED - EXHIBIT B6
Accreditation shall be by a national or regional accreditation body that is recognized
by the Secretary of the United States Department of Education.
Licenses; Certificates; Special Requirements:
A valid California driver’s license and the ability to maintain insurability under the
City’s vehicle insurance policy.
Real estate and property management licenses/certifications are desired.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by
an employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
While performing the duties of this job, the employee is regularly required to sit, stand
and walk; talk or hear, both in person and by telephone; use hands to finger, handle and
feel computers and standard business equipment; operate a motor vehicle; and reach
with hands and arms.
The Employee must possess the ability to lift, carry, push, and pull materials and
objects up to 25 pounds.
Specific vision abilities required by this job include close vision and the ability to adjust
focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an
employee encounters while performing the essential functions of this class.
The employee works under typical office conditions, and the noise level is usually quiet.
The employee will periodically be required to work in outside conditions, exposed to wet
or hot weather, where the noise level may be loud.
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PROPOSED - EXHIBIT B7
Class Code:
M/CC Date Updated:
City of San Bernardino Signature:
Director, Human Resources
Bargaining Unit: General
Class Specification
DATA ANALYST
JOB SUMMARY
Under direction, collects, analyzes and reports on the Public Works Department’s Operations
and Maintenance Division; conducts surveys and research; integrates data into the Public
Work’s work order management system and updates base map information and Geographic
Information System (GIS) assets as required; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Data Analyst is a full professional responsible for managing the Department’s work order
management system and associated software systems to include base maps and electronic
assets. Incumbents will compile and/or customize data and produce reports as requested by
other City departments, local, state, or other agencies. Reports shall be produced to analyze
work performance, service levels, and to optimize the division’s resources. The incumbent will
also monitor the progress of work order input by other users.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Performs work order management and tracking, including data entry, map updating,
editing, and linking other electronic assets onto the work order management system and
related software as required; this may include creating new maps and tabular
information, digitizing information, and creating sub-project work orders.
2. Inputs Geographic Information System (GIS) data related to work activities at the
division level; this may include researching and compiling data from hard copy maps,
field work logs, and database tables for rights of way, street names, traffic and lighting
infrastructure, urban forest infrastructure and related operational division work activities.
3. Manages, tracks, and dispatches all Operations and Maintenance Division work order
requests and serves as the key provider of requested information and statistics related
to work activities and associated data. Coordinates with the City’s call center to provide
updates on requested data and provides reports as requested. Links assets as required
onto work order management system and maps.
4. Routinely prepares various reports, spreadsheets, and diagrams depicting the status of
work orders and assets.
5. Receives service requests from various levels of the organization, citizens, and other
agencies, (from multiple platforms), and creates work orders and dispatches them as
appropriate.
6. Assists in the mapping of City populated street trees and converts/updates the status of
these electronic assets in related base layer maps; assists with stormwater infrastructure
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PROPOSED - EXHIBIT B7
electronic map updates as directed and may coordinate with contractors who may host
City data.
7. May operate global position system equipment and software; may collect, record, and
download field data to the Geographic Information System (GIS) and will verify accurate
data input onto a variety of Geographic Information System (GIS) database layers.
8. Receives and investigates requests for work activities related to legal claims or Freedom
of Information Act (FOIA) (Open Record Act requests) and provides the requested
information within prescribed timelines.
9. Trains and supports new employee users in work order management and Geographic
Information System (GIS) applications to include mobile platforms.
10. Monitors and keeps up to date on new trends and approaches in work order
management systems.
11. Collaborates with the IT department on all layers defined in the City’s Geographic
Information System (GIS) base maps.
12. Assists with quality control procedures by reviewing and evaluating maintenance work
activities and consolidates work orders for the localization of field assets.
13. Maintains a variety of records and reports and keeps accurate records of all work orders
and service requests.
14. Manages and maintains Automated Vehicle Locator (AVL) GPS-based program and
related software and trains supervisors on its basic use.
15. Ensures all Operations and Maintenance Division software licenses and related
computer programs are renewed and updated through coordination with the City’s
Information Technology department.
GENERAL QUALIFICATIONS
Knowledge of:
1. Research techniques and methods.
2. Work order management and data input.
3. Skill in drafting and completing accurate reports and technical documents to include
spreadsheets at an advanced level Proper English usage, spelling, grammar and
punctuation.
4. Geographic Information System (GIS) principles and practices, to include geospatial
tools, applications, and concepts.
5. Uses and operations of computers, and standard business software including
spreadsheet and word-processing applications and specialized statistical analysis
software.
6. Methods and techniques used in the collection, analysis of data from various mobile
platforms and Geographic Information System (GIS) systems.
7. Mapping techniques and electronic schematic interpretation (to include basic symbols).
8. City layout and geography.
9. Modern office procedures, methods and equipment including computers and related
software.
Ability to:
1. Plan, organize, design and conduct research projects.
2. Read, understand and interpret data, patterns and trends.
3. Operate a variety of office equipment including computers and applicable software
applications.
4. Analyze highly detailed data and information and draw valid, logical conclusions.
5. Develop data storage and retrieval systems.
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6. Exercise independent judgment and work with a minimum of supervision.
7. Use accepted statistical methods to summarize and manipulate data.
8. Prepare clear, concise and comprehensive narrative and statistical reports, charts and
presentations.
9. Communicate clearly and concisely, both orally and in writing.
10. Maintain the confidentiality of privileged information.
11. Train and assist non-technical audiences in the effective use of work order management
systems and the data provided.
12. Ensure accuracy and updates of Geographic Information System (GIS) data.
13. Maintain Geographic Information System (GIS) datasets for integration into other related
City software systems which support both internal and external customers.
14. Create Geographic Information System (GIS) data, tables, forms, and reports to meet
requests.
15. Establish and maintain effective working relationships with City and department
managers, other governmental agencies and others encountered in the course of work.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from high school or G.E.D. equivalent; and three (3) years of increasingly responsible office
experience with work order management software/programs; one (1) year of Geographic
Information System (GIS) work; or an equivalent combination of training and experience.
Licenses; Certificates; Special Requirements:
A valid California driver's license and the ability to maintain insurability under the City's
insurance policy.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, employees are regularly required to hands to finger,
handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee
frequently is required to walk, sit, climb or balance, stoop, kneel, crouch or crawl.
The employee may occasionally lift and/or move up to 20 pounds. Specific vision abilities
required for this job include close vision, distance vision, color vision, peripheral vision, depth
perception and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
Employees work under typical office conditions, and the noise level is usually quiet.
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PROPOSED - EXHIBIT B8
Class Code: 10753
M/CC Date Updated: April 15, 2013
City of San Bernardino Signature:
Director of Human Resources
Bargaining Unit: Management/Confidential
Class Specification
DIRECTOR OF PUBLIC WORKS (U)
JOB SUMMARY
Under general policy direction, plans, organizes, controls, directs and integrates the wide variety
of operations and programs in the Public Works Department; manages five (5) major divisions
of City government: Capital Projects, Fleet, Environmental Compliance Integrated Waste, Traffic
Operations, and Maintenance and Operations; advises the City Manager, City Council and the
Mayor on policy matters pertaining to public works; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Director of Public Works is responsible for managing, directing and integrating the functions,
programs and activities of the Public Works Department, which carries out comprehensive City-
wide programs in capital project engineering; construction and inspection; parks/landscape and
street maintenance; urban forestry, traffic engineering, operations, and signals and street
lighting; wastewater/stormwater collection system maintenance; fleet maintenance; integrated
waste collection/disposal; and City facility service and repair. The incumbent provides advice
and strategic leadership to the City Manager and City Council and to other department directors
on a wide range of short- and long-term Public Works initiatives that manage and control City
growth, development, improvement and reinvigoration. Responsibilities are broad in scope and
involve highly sensitive and publicly visible operations, projects and processes that require a
high degree of policy, program and administrative discretion in their execution.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes, controls, directs and evaluates the work of the Public Works
Department; with subordinate managers and supervisors, establishes operational plans
and initiatives to meet department goals; implements departmental plans, policies, work
programs, and procedures required to achieve all department objectives; coordinates
and integrates multi-division functions and responsibilities to achieve optimal efficiency
and effectiveness; develops and monitors performance against the annual departmental
budget, the Integrated Waste Enterprise budget, and the City’s CIP budget.
2. Participates with the City Manager, elected officials and other managers in establishing
strategic plans for the City; sets overall management and policy goals and objectives for
a department within the framework of City Manager and City Council policies and
mandates; coordinates department program and policy issues with managers on a City-
wide basis.
3. Plans and evaluates the performance of managers, supervisors and staff; establishes
performance requirements and personal development targets; monitors performance
and provides coaching for performance improvement and employee development;
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provides or recommends compensation and other rewards to recognize performance;
takes disciplinary action, up to and including termination, to address performance
deficiencies, in accordance with the City’s human resources policies and procedures,
Civil Service personnel rRules and labor contract provisions.
4. Provides leadership and works with division managers to develop and retain highly
competent, customer service-oriented staff through selection, compensation, training
and day-to-day management practices that support the City’s mission and strategic
goals.
5. Through the subordinate Maintenance & Operations Facilities & Fleet Maintenance
Division Manager, directs and oversees the inspection, construction, installation, repair
and cleaning of City infrastructure buildings and facilities, including streets, alleys,
sewers, storm drains, traffic signals and streetlights; ensures the allocation of sufficient
resources to conduct technically sound maintenance/repair operations.
6. Through the subordinate City Engineer, directs and oversees the City’s capital projects
engineering/construction, transportation planning and traffic engineering, and real
property administration; ensures the allocation of necessary resources for delivery of
technically/professionally sound engineering services across core elements of the City’s
mission and raison d’etre.
7. Through the subordinate Facilities & Fleet Maintenance Division Manager Fleet Division
Manager, directs and oversees the resources and services of a large operation focused
on acquiring, maintaining, repairing and servicing the City’s trucks, automobiles, and
heavy and light equipment.
7.8. Through the subordinate Operations & Maintenance Division Manager, directs and
oversees street and public property maintenance, graffiti abatement, pavement &
concrete maintenance and repair, traffic signal maintenance, traffic signing, urban
forestry management, street light maintenance, landscape maintenance, districts
maintenance and inspection, parks/parkway maintenance, storm drain maintenance,
management of integrated waste services, and sign making.
8. Through the subordinate Integrated Waste Division Manager, directs and oversees the
planning, organization and implementation of a large solid waste and recyclables
collection program; ensures the effective and efficient collection, transport and disposal
of both commercial and residential integrated waste; directs the research and analysis of
multiple environmental studies and projects; participates in waste collection fee pricing
analysis and implements fee schedules..
9. Oversee and negotiate integrated waste management program contractors and vendors
and other contractual agreements with private haulers.
10. Oversee and provide City with solid waste operations support and landfill management.
This support includes the development and management of recycling programs as well
as the preparation and updating of all required reporting to the State of California.
11. Through subordinates, directs and oversees professional duties in the administration of
environmental regulatory requirements applicable to the City’s storm water discharge
program; recommends and/or takes action to ensure compliance with National Pollutant
Discharge Elimination System (NPDES) municipal permit requirements.
9.12. Develops and reviews reports of findings, alternatives and recommendations
involving a broad range of complex maintenance, enterprise operation and engineering-
related issues; makes presentations before the City Council, other agencies, community
groups and the media on the City’s development services operations and initiatives;
tracks the preparation of staff reports for City Council consideration.
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10.13. Monitors national and regional trends related to municipal development services and
evaluates their impacts on San Bernardino; recommends policy and process changes
and improvements.
GENERAL QUALIFICATIONS
Knowledge of:
1. Theory, principles, practices and processes of public works maintenance, fleet
maintenance, public facilities management and integrated waste collection operations
and programs.
2. Practices for administrative oversight of municipal engineering functions such as
infrastructure design/construction, traffic planning/management, land development
quality control and assessment district formulation.
3. Federal, state and local laws, regulations and court decisions applicable to assigned
areas of responsibility.
4. Principles and practices of public administration, including budgeting, purchasing,
contract administration and maintenance of public records.
5. Principles, practices, methods and equipment uses in energy conservation and analysis
for public facilities.
6. Organization, functions, legal requirements, and practices of the City Council, Planning
Commission and other boards/committees.
7. Sources of funding for meeting public works program and service delivery needs;
enterprise revenue projection techniques.
8. Research methods and analysis techniques.
9. Principles and practices of sound business communication.
10. Principles and practices of effective executive management.
11. City human resources policies and procedures, Civil Service Rules personnel rules and
labor contract provisions.
Ability to:
1. Plan, organize, control, manage, integrate and coordinate the work of a large, complex
department providing comprehensive public works and development engineering, public
works maintenance, facilities construction, maintenance and repair, fleet
acquisition/maintenance functions and an integrated waste collection enterprise.
2. Define complex management, fiscal, budget, master planning, community development,
and infrastructure improvement issues, perform difficult analyses and research, evaluate
alternatives and develop sound conclusions and recommendations.
3. Understand, interpret, explain and apply federal, state and local policy, law, regulations
and court decisions applicable to areas of responsibility.
4. Evaluate department programs and services and make changes or recommendations for
improvement.
5. Present proposals and recommendations clearly, logically and persuasively in public
meetings.
6. Represent the City effectively in negotiations and other activities on a variety of difficult,
complex, sensitive and confidential issues.
7. Prepare clear, concise and comprehensive correspondence, reports, studies and other
written materials.
8. Exercise sound, expert independent judgment within general policy guidelines.
9. Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.
10. Establish and maintain effective working relationships with the City Manager, Mayor and
City Council, other department directors, managers, employees, representatives of the
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land development sector, property owners, citizens, the public and others encountered in
the course of work.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from an accredited four-year college or university with a major in engineering, business
management, public administration or a closely related field; and at least ten years of
progressively responsible development and municipal public works experience, at least five
of which were in a management capacity; or an equivalent combination of training and
experience.
Accreditation shall be by a national or regional accreditation body that is recognized by the
Secretary of the United States Department of Education.
Licenses; Certificates; Special Requirements:
A valid California driver’s license and the ability to maintain insurability under the City’s
vehicle insurance policy.
Current, valid registration as a Professional Engineer with the State of California Licensing
Board is highly desirable.
PHYSICAL DEMANDS
The physical and mental demands described here are representative of those that must be met
by an employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; talk or hear,
both in person and by telephone; use hands to finger, handle and feel computers and standard
business equipment; and reach with hands and arms. The employee is frequently required to
stand and walk.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee works under typical office conditions, and the noise level is usually quiet.
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PROPOSED - EXHIBIT B9
Class Code: 20369
M/CC Date Updated: _____________
City of San Bernardino Signature:
Director, Human Resources
Bargaining Unit: Middle Management
Class Specification
STREET SIGNAL AND LIGHTING SUPERVISOR
JOB SUMMARY
Under direction, plans, organizes, supervises, assigns, inspects and participates in the work of
staff engaged in the construction, installation, inspection, maintenance and repair of traffic
signals, traffic signal coordinated systems, flashing beacons, street lighting systems and various
electrical equipment and facilities; develops and implements budgets related to traffic lighting,
signals, signs, and street light infrastructure. Provides training to staff and ensures required
certifications are complete. Assists in the drafting of staff reports to City Council as it relates to
traffic signal and lighting infrastructure, and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Street Signal and Lighting Supervisor is a working supervisory level in the traffic engineering
series. Supervision is received from the Traffic Engineer or Assistant City Engineer. Supervision
is exercised over journey-level Electricians and Traffic Signal Technicians.
Street Signal and Lighting Supervisor is responsible for planning, organizing, supervising,
monitoring and inspecting the work of staff involved in the maintenance, installation and repair
of the City’s traffic signal and street lighting systems. The incumbent is responsible for
formulating unit goals and objectives, organizing and supervising the work of assigned
personnel and directing the day-to-day activities of the Street Signal and Lighting unit, in
addition to the sign shop. Duties and responsibilities are carried out with considerable
independence within the framework of established policies, procedures and guidelines.
Supervises and coordinates the staffing and operational activities for the repair, maintenance,
installation, and/or replacement of traffic street signal lights, street lights and related electronic
equipment. Supervises signs and markings work activities to include pavement striping and
sign installation, design, and replacement. This position is a working supervisory position within
the traffic engineering series. Supervision is exercised over apprentice and journey-level
electricians and traffic signal technicians. Ensures the safety of all subordinate employees
provided safety training as required (to include inspection, certification, and testing of all aerial
equipment and cranes).
The incumbent is also responsible for formulating unit goals and objectives, organizing and
supervising the work of assigned personnel and directing the day-to-day activities of the Street
Signal and Lighting work section along with the Signs and Markings sub-work section. Duties
and responsibilities are carried out with considerable independence within the framework of
established policies, procedures and guidelines.
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PROPOSED - EXHIBIT B9
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes, supervises and evaluates the work of assigned staff and contractual
forces; with staff, develops, implements and monitors work plans to achieve assigned
goals and objectives; contributes to development and monitoring of performance against
the annual division budget; participates in developing, implementing and evaluating work
programs, plans, processes, systems and procedures to achieve department and City
goals, objectives and performance measures consistent with the City’s quality and
service expectations.
2. Plans and evaluates the performance of assigned staff; establishes performance
requirements and personal development targets; regularly monitors performance and
provides coaching for performance improvement and development; recommends
compensation and provides other rewards to recognize performance; subject to
management concurrence, takes disciplinary action, up to and including termination, to
address performance deficiencies, in accordance with the City’s human resources
policies, Civil Service Rules and labor contract provisions.
3. Provides day-to-day leadership and works with staff to ensure a high-performance,
customer service-oriented work environment that supports achieving City objectives and
service expectations; provides leadership and participates in programs and activities that
promote a positive employee relations environment.
4. Plans, prioritizes, assigns, supervises, inspects and participates in the work of staff
and/or contractual forces performing construction, installation, maintenance, inspection,
diagnosis and repair of traffic signal and street lighting systems including traffic sensing
mechanisms, traffic signal and street lighting circuits, Type 170 signal controllers, relays,
electronic controllers, control switches, single and multi-phase motors, and other
electrical equipment; makes detailed checks of traffic signals and street lighting systems
to locate trouble or causes of failure.
5. Establishes schedules and methods for providing traffic signals and lighting services;
identifies resource needs; reviews needs with appropriate staff; allocates resources
accordingly.
6. Schedules and oversees operations of the division's Signs and Markings sign-making
shop.
7. Participates in the development of polices and procedures; monitors work activities to
ensure compliance with established policies and procedures.
7.8. Provides or acquires training for subordinate staff and ensures compliance with all
required certifications.
8.9. Establishes work standards, production controls and job priorities and evaluates
same; reads and interprets electrical plans, specifications, blueprints and sketches;
selects, orders and maintains an inventory of electrical equipment, materials and
supplies.
9.10. Responds to emergency electrical maintenance and repair problems; participates in
the City’s conversion to low-energy consumption street lamps.
10.11. Develops and implements a preventive maintenance program for all traffic signal
devices, street lighting systems and related equipment within the City’s jurisdiction.
11. Instructs employees in the safe and efficient use of equipment and tools; operates City
vehicles.
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12. Continually monitors and evaluates the quality, responsiveness, efficiency and
effectiveness of traffic infrastructure systems and methods, and collaborates with
employees and the Engineering Division to ensure systems are operating smoothly with
minimal or no interruptions.
13. Collaborates with developers, the Engineering Division, and utility companies regarding
future construction and/or new projects.
14. Assists in emergencies as necessary to include serving on an on-call status.
15. Coordinates equipment and materials needs and allocates resources efficiently and
effectively.
16. Supervises work order management system for the work section and ensures invoicing
for traffic signal and/or street light knockdowns occurs in a timely manner.
17. Provides data as requested by legal claims specialists and/or FOAI/Open Government
requests.
18. Supervises the underground service alerts program for the Public Works department.
19. Authors reports as requested related to traffic signals and lighting infrastructure.
20. Supervises the inventory of all assigned equipment, vehicle, tools and replacement
parts.
GENERAL QUALIFICATIONS
Knowledge of:
1. Principles, methods and equipment used in the installation, maintenance, testing and
repair of electrical and electronic traffic signal equipment and devices.
2. Practices, methods, techniques, tools and equipment used in the installation,
maintenance and repair of street lighting systems.
3. Electrical power distribution, circuitry and motor control system design as it relates to
traffic signal and lighting equipment.
4. Operating characteristics of electronic components.
5. Traffic signal operations and timing parameters.
6. Federal, state and local laws, regulations and court decisions applicable to assigned
areas of responsibility.
7. Principles and practices of administration, including budgeting and maintenance of
public records.
8. Safe work methods and safety regulations pertaining to the work.
9. Principles and practices of effective supervision.
10. City human resources policies and procedures, and labor contract provisions.
Ability to:
1. Plan, estimate, organize, coordinate, assign, review and evaluate the work of staff.
2. Use modern, state-of-the-art precision and diagnostic instruments to test, calibrate and
repair complex electrical and electronic devises and equipment.
3. Read and interpret blueprints, drawings, specifications and manuals.
4. Exercise independent judgment and initiative within established guidelines.
5. Communicate clearly and effectively, both orally and in writing.
6. Prepare clear, concise and comprehensive correspondence, reports and other written
materials.
7. Organize, set priorities and exercise sound independent judgment within areas of
responsibility.
8. Test, diagnose, and repair complex electrical and/or electrical equipment and systems.
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9. Read and interpret complex engineering and construction blueprints, plans, drawings,
specifications, and manuals.
10. Prepare clear and concise reports.
11. Provide on-the-job training to subordinate staff.
12. Ensure compliance with all local, state, and federal regulations related to traffic signals,
street signals, and related infrastructure in accordance with Manual on Uniform Traffic
Control Devices (MUTCD) regulations.
7.13.
8.14. Exercise tact and diplomacy in dealing with sensitive and complex issues and
situations.
15. Establish and maintain effective working relationships with department staff and others
encountered in the course of work.
16. Serve on an on-call status and respond to emergencies as required; work at odd hours
as required by job assignments.
17. Manage multiple projects with deadlines.
18. Operate computers, mobile technology, and related software.
19. Provide effective customer service.
20. Evaluating employees formally and administering formal performance evaluations.
9.21. Prepare hazard mitigation assessments for all work activities.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from
high school or G.E.D. equivalent, and five years of journey-level experience traffic signal and/or
street lighting installation, maintenance and repair; at least one (1) of which was in a lead
capacity; or an equivalent combination of training and experience.
Licenses, Certificates, Special Requirements:
A valid California driver’s license and the ability to maintain insurability under the City’s vehicle
insurance policy.
A Class “B” California driver’s license or the ability to obtain one within six months of
employment.
Current valid certification as a Traffic Signal Technician through the International Municipal
Signal Association at the III level or certification in at least two National Institute for Certification
in Engineering Technologies (NICET), American Traffic Safety Services Association (ATSSA)
specialities.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to use hands to finger,
handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee
frequently is required to stand and talk or hear; walk; sit; climb or balance; stoop, kneel, crouch,
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or crawl. The employee must frequently list and/or move up to 50 pounds, and occasionally lift
and/or move up to 100 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee regularly works in outside weather conditions. The employee frequently works
near moving mechanical parts; is exposed to wet and/or humid conditions, vibration, and
street/road traffic; and works in high, precarious places. The employee is occasionally exposed
to fumes or airborne particles, toxic or caustic chemicals and risk of electrical shock. The noise
level is frequently loud.
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Packet Pg. 579 Attachment: CM.VIP SUPPORTIVE SERVICES.01.STAFF REPORT (5851 : Violence Intervention Program (VIP) Update and Supportive Service
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Packet Pg. 580 Attachment: CM.VIP SUPPORTIVE SERVICES.01.STAFF REPORT (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.a
Packet Pg. 581 Attachment: CM.VIP SUPPORTIVE SERVICES.01.STAFF REPORT (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 582 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 583 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 584 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 585 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 586 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 587 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 588 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 589 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 590 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 591 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 592 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 593 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 594 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 595 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 596 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 597 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 598 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.b
Packet Pg. 599 Attachment: CM.VIP Supportive Services.02.PSA Victory Outreach (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 600 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 601 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 602 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 603 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 604 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 605 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 606 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 607 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 608 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 609 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 610 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 611 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 612 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 613 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 614 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 615 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 616 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.c
Packet Pg. 617 Attachment: CM.VIP Supportive Services.03.PSA Young Visonaries (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 618 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 619 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 620 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 621 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 622 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 623 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 624 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 625 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 626 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 627 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 628 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 629 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 630 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 631 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 632 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
17.d
Packet Pg. 633 Attachment: CM.VIP Supportive Services.04.PSA Clay Counseling (5851 : Violence Intervention Program (VIP) Update and Supportive Service
18.a
Packet Pg. 634 Attachment: PW.CIP WORKPLAN UPDATE FY 18-19 STAFF REPORT (5852 : Capital Improvement Work Plan Update for FY 2018/19)
18.a
Packet Pg. 635 Attachment: PW.CIP WORKPLAN UPDATE FY 18-19 STAFF REPORT (5852 : Capital Improvement Work Plan Update for FY 2018/19)
18.a
Packet Pg. 636 Attachment: PW.CIP WORKPLAN UPDATE FY 18-19 STAFF REPORT (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
CIP Project Funds FY 18/19 Budget Project Description and Work Plan Status
Construct
Accessibility
Improvements at
Various Locations
(Annual)‐ SS‐B FY
17/18
Gas Tax
(126)$500,000.00
Construct Citywide Disabled Access
Improvements at street intersections
to provide ADA access ramps to
sidewalks as required by State /
Federal guidelines. Project will also
construct missing and broken
sidewalk, curb and gutter. The bid
package will be completed and
project will be advertise for bids.
City Council will award construction
contract in July 2018 meeting.
Construction will start in 2nd quarter
FY 18/19 and completed in 3rd
qaurter FY 18/19.
Construction
contract was
awarded on July
18, 2018.
Council Meeting
and about 50%
Construction
completed
Concrete Repairs
Citywide (Annual)
‐SS‐P FY 17/18
Gas Tax
(126)$700,000.00
The project will replace or install new
ramps Citywide to comply with
Disability Act per State of California
and Federal requirement. Project will
also construct missing and broken
sidewalk, curb and gutter. The bid
package will be completed and
project will be advertise for bids.
City Council will award construction
contract in June 2018 meeting.
Construction will start in 2nd quarter
FY 18/19 and completed in 3rd
qaurter FY 18/19.
Construction
contract was
awarded on
June 20, 2018
Council meeting
and about 50%
construction
completed
Pavement
Rejuvenation at
Various Locations
(Annual) Slurry ‐
SS‐D FY 17/18
Gas Tax
(126) , SB1 $500,000.00
Crack filling and Slurry Sealing at
various Citywide locations.
Specifications will be completed and
Construction Contract will be
awarded by June 2018. Construction
will start in 1st quarter FY 18/19 and
completed in 2nd qaurter FY 18/19.
Project is
completed
18.b
Packet Pg. 637 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
Bridge Railing
Repair Various
Locations SS‐A
Gas Tax
(126)$350,000.00
This is a 5 year project to maintain
17 bridges including surface coating
with Methacrylate, patching spalling
concrete, repairing bridge seals,
repairing damaged or vandalized
bridge railing, and related work. FY
17/18 project is to seal the decks of
"E" Street and Tippecanoe Avenue
Bridges over Santa Ana River with
Methacrylate seal. The bid package
will be completed and Construction
Contract will be awarded by June
2018. Construction will start in 1st
quarter FY 18/19 and completed in
2nd qaurter FY 18/19.
Project
Completed
"H" Street
Widening from
Kendall Drive to
40th Street SS04‐
152
DIF/264 $380,000.00
This project will widen and
rehabilitate “H” street between
Kendall Drive and 40th Street.
Modifications to the traffic signal,
curb & gutter, sidewalks, street lights
and accessibility improvements at
“H” Street and 40th Street are
included in the project. PS&E
paackage will be completed by 4th
quarter fY 18/19, right of way
acquisition and uutility
undergrounding will be completed
4th quarter FY 19/20. Project will be
advertised to receive construction
bids in 1st quarter FY 20/21 and will
go for City Council approval to award
construction contract 2nd quarter FY
20/21 and construction can start in
3rd quarter FY 20/21.
50% design
completed
18.b
Packet Pg. 638 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
2nd Street Bridge
Replacement at
Warm Creek‐
SS13‐001
DIF/264 $250,000.00
The scope of work is to replace
existing bridge on 2nd Street over
Warm Creek. A consultant retained
by the City in 2011 to complete the
Environmental under CEQA and
NEPA to design the replacement
bridge. Environmental has been
completed. The design is 90%
completed. Authorization to
proceed with right‐of‐way
acquisition has been obtained from
Caltrans. Right‐of‐way will be
acquired by 4th quarter FY 18/19.
Project will be advertised to receive
construction bids in 1st quarter FY
19/20 and will go for City Council
approval to award construction
contract 2nd quarter FY 19/20 and
construction can start in 3rd quarter
FY 19/20.
98% Design
completed.
Right‐of‐way
acquisition will
start shortly
40th Street
Widening from
Johnson Street to
Electric Avenue ‐
SS04‐014
DIF/264 $1,025,000.00
This project will widen and
rehabilitate 40th Street between
Johnson Street and Electric Avenue.
The intersection at Electric Avenue
will be improved and the traffic
signal will be upgraded to modern
standards. When this project is
completed 40th Street will be a 4‐
lane arterial street from Kendall
Drive to Harrison Avenue. The
project has been programmed as a
Rule 20A project and
undergrounding will commence
upon completion of engineering and
right of way acquisition. CEQA and
NEPA have been completed. The
design is 95% completed. Right‐of‐
way acquisition has been initiated.
Construction of the road widening
expected to commence in FY 20/21
Design
completed.
Contract to
acquire right‐of‐
way was
awarded on
September 5,
2018 Council
Meeting
18.b
Packet Pg. 639 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
ATP Cycle 2 ‐ Safe
Routes to Schools
project at 3
locations ‐ SS17‐
001
Measure I
(129)$185,000.00
This project is to provide a safe route
to school and encourage walking and
biking to Pacific High School and
Cajon High School. The scope of
work is to widen and improve street
at three locations; 48th Street and
Magnolia Avenue, Randall Avenue
and Pepper Avenue, and Perris Hill
Park Road.
Environmental is
completed,
request for
authorization to
proceed with
design has been
received.
Consultanyt has
been selected.
Negotiating the
fee.
Mt. Vernon
Bridge
Replacement‐
SS04‐012
Reg. Circ.
(264)$825,000.00
SBCTA is the lead on this project.
Environmental is in the process.
SBCTA will put out design build
contract 1st quarter FY 18/19 and
the bridge will be demolished 2nd
quarter FY 19/20. Construction
Completed by FY 22/23.
Contract for
Design
Evaluation will
start in Dec
2019
Pavement
Rehabilitation at
11 locations ‐
S018‐001
Measure I $2,100,000.00
This project will grind 1 ½ “ to 2” of
existing asphalt at Sterling Avenue ,
California Street , Tippecanoe
Avenue, Irvington Avenue, Baseline
Street, Highland Avenue, Magnolia
Drive, Park Drive, Highland Avenue
and Windsor Drive for total of
approximately 3 ½ miles, repair
damaged portions and overlay with
new asphalt and restripe. Also
damaged curb, gutter and sidewalk
will be replaced. Construction will
start 1st quarter FY 18/19.
Construction
Contract was
warded on
August 1, 2018
Council meeting.
Pre construction
meeting was
held and notice
to proceed was
issued.
Construction
started on
October 29,
2018
18.b
Packet Pg. 640 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
Pavement
Rehabilitation at
11 locations ‐
SS18‐002
SB1 18/19 $2,125,000.00
This project will grind 1 ½ “ to 2” of
existing asphalt at 28th Street, Sierra
Way, Arrowhead Avenue, "J" Street,
Davidson Street, Garner Avenue,
Evans Street, Wilson Street, 8th
Street, Union Street and Western
Avenue for total of approximately 5
miles, repair damaged portions and
overlay with new asphalt and
restripe. Scope also includes
replacement of damaged curb and
gutter and sidewalk. Design will be
completed 2nd quarter FY 18/19,
Construction start 3rd quarter FY
18/19.
30% Design
completed
Pavement
Rehabilitation at
14 locations ‐
SS18‐003
SB1 18/19 $2,350,000.00
This project will grind 1 ½ “ to 2” of
existing asphalt at Waterman
Avenue, Commercial Road, "H"
Street, Pumalo Street, Hunts Lane,
Arrowhead Avenue, Baseline Street,
Central Avenue, Pacific Street, Grand
Avenue, Western Avenue, California
Street and Inland Center Drive for
total of approximately 5 miles, repair
damaged portions and overlay with
new asphalt and restripe. Scope also
includes replacement of damaged
curb and gutter and sidewalk. Design
consultant has been selected.
Design will be completed 2nd
quarter FY 18/19, Construction start
3rd quarter FY 18/19.
30% Design
completed
18.b
Packet Pg. 641 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
Mountain Avenue
and 40th Street
Improvements ‐
SS18‐004
Measure I
(129), Storm
Drain ( 248)
$1,300,000.00
This project will repair roadway,
broken curb and gutter and sidewalk
along Mountain Avenue between
39th Street and 40th Street and
along 40th Street between Harrison
Street and Mountain Avenue,
construct ADA access ramps,
remove and replace existing 30”
corrugated metal pipe (CMP) with a
concrete pipe on Mountain Avenue
b/w 39th St. and 40th St. Plans and
Specifications are 99% submittal.
Project will be advertised in 1st
quarter FY 18/19 and construction
will start 2nd quarter FY 18/19.
Construction
contract award
has been
awarded on
November 21
2018 Council
Meeting
University
Parkway & I‐215
Freeway
Interchange
Improvements ‐
SS04‐019
Measure I
(129)$109,000.00
This project involves construction of
improvements to the freeway
interchange at University Parkway
and I‐215. SBCTA is the lead on the
project. Environmental phase has
been started and will be completed
by 1st quarter FY 2018/19. City is
providing project coordination with
Project Managers at SBCTA. Right‐of‐
way acquisition starts 2nd quarter FY
18/19, construction starts 1st
quarter FY 19/20.
On Schedule
Broadmoor
Boulevard
Parkway
Rehabilitation
SS18‐006
Gas Tax
(126)$300,000.00
This project is to replace the existing
arterial median landscaping with
both hard scape and drought
tolerant plants along Broadmoor
Boulevard between Parkdale Drive
and 30th Street. About 70,000
square foot will be landscaped.
Design will be completed 2nd
quarter FY 18/19
Contract is
awarded and
design will start
shortly
18.b
Packet Pg. 642 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
State Street
Extension Phase 1
Baseline 16th
Street to Baseline
‐ SS04‐009
Reg. Circ.
(264)$375,000.00
RFP will be issued to do
environmental clearance 1st quarter
FY 18/19 and expected to be
comleted 2nd quarter FY 18/19.
PS&E will start 3rd quarter FY 18/19.
Environmental is
completed.
Contract is
awarded on
December 05,
2018 Council
meeting. Design
will start shortly.
Total for
Ongoing
Existing
Projects
$13,374,000.00
ADA Access
Improvements‐ SS‐
B FY 18/19
Gas Tax
(126)$500,000.00
Construct Citywide Disabled Access
Improvements at street intersections
to provide ADA access ramps to
sidewalks as required by State /
Federal guidelines. Project will also
construct missing and broken
sidewalk, curb and gutter. Bid
Package will be completed 2nd
quarter FY 18/19, Construction start
3rd quarter FY 18/19 and completed
4th quarter FY 18/19.
20% Design
completed
Citywide Annual
Concrete Repairs ‐
SS‐P
Gas Tax $500,000.00
The project will replace or install new
ramps Citywide to comply with
Disability Act per State of California
and Federal requirement. Project will
also construct missing and broken
sidewalk, curb and gutter. Bid
Package will be completed 2nd
quarter FY 18/19, Construction start
3rd quarter FY 18/19 and completed
4th quarter FY 18/19.
20% Design
completed
Citywide
Pavement
Rehabilitation
(Slurry/Crack
seal)‐ SS‐D
Measure I
(129)$1,000,000.00
Crack filling and Slurry Sealing at
various Citywide locations. Bid
Package will be completed 2nd
quarter FY 18/19, Construction start
3rd quarter FY 18/19 and completed
4th quarter FY 18/19.
90% Design
completed
18.b
Packet Pg. 643 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
Bridge Railing
Repair Various
Locations ‐ SS‐A
Gas Tax
(126)$350,000.00
This is a 5 year project to maintain
17 bridges including surface coating
with Methacrylate, patching spalling
concrete, repairing bridge seals,
repairing damaged or vandalized
bridge railing, and related work. FY
17/18 project is to seal the decks of
"E" Street and Tippecanoe Avenue
Bridges over Santa Ana River with
Methacrylate seal. Bid Package will
be completed 2nd quarter FY 18/19,
Construction start 3rd quarter FY
18/19 and completed 4th quarter FY
18/19.
90% design
completed
Co‐op with City of
Highland‐ Six
Locations‐ SS19‐
002
Measure I
(129)$815,000.00
Joint project with the City of
Highaland to rehabilitate Sixth
Street, Elmwood Road, Ninth St.,
Sterling, Jane Street, 17th Street,
Rockford Avenue, Mansfield St.,
Central Avenue, Orange Street,
Pacific Street, Atlantic Avenue, Palm
Avenue, Pacific Street provements
from Guthrie Street to Church
Avenue, Tippecanoe Avenue, and to
do maintenance of Street Light
Improvements on 3rd Street near
Palm Avenue. Coop agreement will
go for City Council approval 1st
quarter Fy 18/19.
Cooperative
agreement with
the City of
Highland was
executed on
August 1, 2018
Council meeting
Infill Housing
Street and
Sidewalk
Improvement
Project ‐ SS19‐
003
CDBG (119) $1,170,077.00
This project will rehabilitate street at
8th Street, Union Street, Noth
Genevieve Street and North "F"
Street. Design completed 1st quarter
Fy 18/19 and consruction 2nd
quarter FY 18/19.
Construction
Contrcat
awarded on
October 17,
2018
18.b
Packet Pg. 644 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ STREETS
Sterling Ave
Rehabilitation
from Pacific
Street to Highland
Avenue ‐ County
Lead) ‐ SS19‐001
Measure I
(129)$700,000.00
Scope of work is tol rehab Sterling
Avenue from Pacific Street to
Highland Avenue & Conejo and 39th
St SD. County is the lead on this
project and City will pay its fair share
after the project completion. County
will provide draft coop agreement
1st quarter FY 18/19 for City review.
County is
working on
Cooperative
agreement
Total for New
Projects $5,035,077.00
Total for the
FY 18/19
Program
$18,409,077.00
18.b
Packet Pg. 645 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ STORM DRAIN
CIP Project Funds FY 18/19 Budget
Project Description and Work
Plan Status
Patton Basin ‐ repair
outlet in the County's
basin (Review for
schedule and cost)
SD16‐001 SD (248) $100,000.00
Existing pipe is damaged and
deteriorating. It will be replaced
with 48 inch RCP pipe to insure
integrity of the system and
prevent erosion / deterioration of
adjacent area. Environmental will
be completed 2nd quarter FY
18/19, Design completed 3rd
quarter FY 18/19.
50% design
completed
contract has been
awarded to get
environmental
clearances from
Fish and Wild
Game, Army Corps
of Engineers and
Water Quality
Board
Meridian Avenue
Storm Drain
SD05‐003 SD (248) $500,000.00
Rehabilitate Meridian Avenue at
Poplar Street and improve storm
drain by upgrading storm drain
pipe from existing 18 inches to 36
inches for better flow and
eliminating flooding in the area.
Design completed 1st quarter
FY18/19, construction started 2nd
quarter FY 18/19
Design completed.
Permit
applications have
been submitted to
Fedral agencies to
construct the
project
Total for Ongoing
Existing Projects $600,000.00
Conejo and 39th
Street Storm Drain
Replacement (Coop
Project ‐ County lead)
SD19‐001 SD (248) $50,000.00
This Cooperative Project with the
County will replace existing failing
corrugated metal drains with a
reinforced concrete pipes. The
County will be the lead agency.
The County will design and
construct storm drain pipes and
invoice the City for its share of
the cost.
Received
Cooperative
agreement from
the County.
Scheduled for
December 5, 2018
Council meeting
to execute the
agreement
Waterman and
Baseline Box Culvert
Repair ‐ SD04‐024 SD (248) $100,000.00
Repair existing box culvert at
Waterman avenue and Baseline
Street to improve storm drain in
the area. Construction will be 2nd In design
Storm Drain Annual
Upgrades
SD19‐002 SD (248) $500,000.00
y y
needs constant maintenance,
repair and upgrades in order to
have proper drainage. This
project will upgrade system
annually.
Identifying
immediate needs
to upgrade the
storm drain
system
18.b
Packet Pg. 646 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ STORM DRAIN
Sierra Way Storm
Drain
SD19‐003 SD (248) $3,800,000.00
Installation of Master Plan Storm
Drain No. 7‐B23 in Sierra Way,
Lugo Avenue and Sepulveda
Avenue between 37th Street and
44th Street. A Consultant will be
retained in FY18/19 to accomplish
environmental clearance and
design. Construction is
anticipated to start in May 2019
and be completed by January
2020. RFP for design will be
released 1st quarter FY 18/19.
Design contract
award is
scheduled for
December 5, 2018
Council meeting
Projects $4,450,000.00
Total Budget for
the FY 18/19
Program $5,050,000.00
18.b
Packet Pg. 647 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ TRAFFIC CONTROLS
CIP Project Funds FY 18/19 Budget Project Description and Status
Systemic Safety Analysis
Report (SSARP)
TC17‐001
Local
Circulation
$118,000.00
The SSARP will focus on
inventorying and evaluating
traffic signals, signage, and
street lighting in the City. All
existing traffic signals and
street lights will be
evaluated on a city‐wide
basis. However, only traffic
signage near public schools
in the City will be evaluated
and included in the report.
Report will be completed
2nd quarter FY 18/19
Completed
Traffic Management
Center (TMC) (Annual)
TC17‐003
Local
Circulation
$40,000.00
The City operates and
maintains 287 owned traffic
signals in addition to 14
other signals shared with
other adjacent agencies.
This project is the initial
phase to upgrade the
existing computer and wall
monitor display system that
allows monitoring live
traffic at the intersections..
This required the purchase
of new equipment to
operate and monitor the
traffic signals system in the
City. Purchase and install
Equipment, 2nd Quarter
2017/18. Purchase a
software license agreement
for 5 years, pay one year at
a time 3rd Quarter 2017/18.
Phase I completed
18.b
Packet Pg. 648 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ TRAFFIC CONTROLS
Traffic Signal Battery
Backup Systems(annual)
TC‐B
Local
Circulation
$50,000.00
This project will install,
repair and/or replace
battery backup system at
each of the 283 traffic
signals city‐wide. This will
insure battery power
available in case of power
failure. Battery Backup
System is designed to
provide hours of
uninterrupted power
through weather outages
and other disturbances,
providing safety for drivers
and law enforcement
officials under hazardous
conditions. Purchase and
install battery backup
systems at 5 intersections
Citywide ‐ 1st quarter FY
17/18
On schedule
Waterman Avenue and I‐
10 Freeway, Co‐op with
the State of California
TC16‐002
Local
Circulation $213,500.00
g
signal at Waterman Ave and
I‐215 on‐ramp. Coop
Agreement was signed June
16, 2016 with the State of
California with SHOPP Minor
B funds paid to the City will
not exceed $200,000. This
Construction 10%
Completed
City Wide Street Light
Conversion to LED
Luminaires Assessment
TC18‐002 Gas Tax
$262,000.00
This project will replace
existing high pressure
sodium (HPSP) luminaire
with light emitting diode
(LED) luminaires. The LED
luminaires will utilize
significant less electrical
power and also the fixtures
have a longer operating life
which reduces the
maintenance cost of the
system. The project will also
Design Contract
awarded on
October 17, 2018.
Design will start in
December 2019
18.b
Packet Pg. 649 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ TRAFFIC CONTROLS
Hospitality Lane Median
and Signal Improvements
from "E" Street to
Waterman Avenue
TC17‐006 Gas Tax
$500,000.00
The project will design and
construct median
landscape/hardscape islands
and remove the existing
traffic delineators along
Hospitality Lane from “E”
Street to Waterman Avenue.
This will eliminate the
constant maintenance and
replacement of the knocked‐
down delineator and
provide aesthetic and
pleasant treatment of the
median. The work will
include signing and striping
as well as signal
modifications. Develop RFP
and award contract for
Design phase 3rd Quarter
2017/18 and construction
planned for 1st Quarter
2018/19.
90% Design
Completed
Street Light knocked‐
down poles replacement
TC18‐001 Gas Tax
$1,340,000.00
The project will design and
construct replacement
street light poles including
new foundations, pull
boxes; luminaire mast arms,
conduits and LED lights City‐
wide. Prepare Knocked‐
down Street Light Pole
location list. Design will start
2nd quarter 18/19
Construction
contract was
awarded on June
20, 2018 Council
meeting. 10%
Constrution
completed
Total for Exisitng
Projects not
started yet
$2,523,500.00
18.b
Packet Pg. 650 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ TRAFFIC CONTROLS
Broadmoor Street Light
Improvement TC19‐
001 Gas Tax
$625,000.00
This project will replace
existing high pressure
sodium (HPSP) luminaire
with light emitting diode
(LED) luminaires. The LED
luminaires will utilize
significant less electrical
power and also the fixtures
have a longer operating life
which reduces the
maintenance cost of the
system. Design Completed
4th quarter FY 17/18.
Construction will start 2nd
quarter FY 18/19
Construction
contract was
awarded on
August 15, 2018
Council meeting.
Construction will
start in November
2018
9th Street and Medical
Center Traffic signal
Upgrade TC19‐005
Local
Circulation $35,000.00
This project will upgrade the
existing traffic signal at the
intersection of 9th Street
and Medical Center Drive.
Design will start 3rd quarter
FY 18/19 and construction
will start 1st quarter FY
19/20.
Design Contract
awarded on
October 17, 2018
Council meeting
Del Rosa Avenue and
Date Place Traffic signal
Upgrade TC19‐006
Local
Circulation $35,000.00
This project will upgrade the
existing traffic signal at the
intersection of Del Rosa
Avenue and Date Place.
Design will start 3rd quarter
FY 18/19 and construction
will start 1st quarter FY
19/20.
Design Contract
awarded on
October 17, 2018
Council meeting
Highland and Patton
State Hospital Traffic
signal Upgrade TC19‐
007
Local
Circulation $35,000.00
This project will upgrade the
existing traffic signal at the
intersection of Highland and
Patton State Hospital.
Design will start 3rd quarter
FY 18/19 and construction
will start 1st quarter FY
19/20.
Design Contract
awarded on
October 17, 2018
Council meeting
18.b
Packet Pg. 651 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ TRAFFIC CONTROLS
Highland Ave
Interconnect, Sierra Way
to Golden Ave TC 19‐
012
Local
Circulation $50,000.00
This project will construct
traffic signal interconnect
along Highland Avenue
between Sierra Way and
Golden Avenue. Design will
start 3rd quarter FY 18/19
and construction will start
1st quarter FY 19/20.
Design Contract
awarded on
October 17, 2018
Council meeting
Baseline St Interconnect,
Sierra Way to Valencia
Ave TC19‐013
Local
Circulation $30,000.00
This project will construct
traffic signal interconnect
along Baseline St between
Sierra Way and Valencia
Avenue. Design will start
3rd quarter FY 18/19 and
construction will start 1st
quarter FY 19/20.
Design Contract
awarded on
October 17, 2018
Council meeting
Total for New Projects $810,000.00
Total for the FY
18/19 Program $3,333,500.00
18.b
Packet Pg. 652 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ BUILDINGS
CIP Project Funds FY 18/19 Budget Project Description and Work Plan Status
City Hall Parking Structure
Deck Waterproofing and
ADA Upgrades General $300,000.00
The project will install a surface
drainage system for the top deck of the
City Hall Parking structure and also seal
the concrete surface to prevent water
intrusion through the deck. Water
intrusion through the deck weakens the
steel structures in the concrete
potentially causing structural failures.
Water that penetrates the deck is
leaded into light fixtures and on to the
lower decks of the structure. The City
hall Parking Structure has ramps and
walkways that do not comply with the
requirements of the Americans with
Disabilities Act of 1990 and require
remediation. Contrcat award 1st
quarter FY 18/19.
Construction Contrat
was awarded on
September 05, 2018.
40% construction
completed
Rowe Library Roof
Replacement CDBG $250,000.00
This project will reflace roofing and
fascia at Howard M. Rowe Branch
Library. Cnstruction will be
completed 1st quarter FY 18/19.
Completed
Facilities Assessment General $980,000.00
This project will acquire consultant
services to evaluate the current
condition of City facilities and
designate capital investment needs
for all of the facilities. A facilities
condition index (FCI) will be created
and each facility graded according to
capital needs. The FCI will assist the
City Council and City staff in more
effectively direct resources-
maintenance and capital- to facilities
based upon use and condition.
Assessment will be completed 4th
quarter FY 18/19
Contract was awarded
on June 6, Council
Meeting. 70% work is
completed
Demolition of Fire Station
223 General $125,000.00
Demolish Fire Station 223 and return
site to buildable condition. Design
will be completed 1st quarter FY
18/19 and construction will start 2nd
quarter FY 18/19
Construction contract
to demolish was
awarded on September
19, 2018 Council
meeting. Pre
Construction meeting
was held on October
16, 2018 and
Construction started
Total for Ongoing
Existing Projects $1,655,000.00
18.b
Packet Pg. 653 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ BUILDINGS
Facilities Replacement
(Annual) GB19‐008 General $1,000,000.00
Based on the future evaluation of the
current condition of City facilities
and designate capital investment
needs for all of the facilities, a
facilities condition index (FCI) will
be created and each facility graded
according to capital needs. This
project will improve existing
facilities based upon use and
condition. Construction will start 4th
quarter FY 18/19
In progress
City Hall Renovation GB19‐
001 General $5,645,000.00
City Hall renovation to provide
seismic stability and comply with
ADA requirements. Construction
will start 3rd quarter FY 18/19
Assessment completed.
Recommendations will
be presented to the
Council
Public Works Yard
Improvements and
Administration Building
GB19‐003 General $100,000.00
Scope of work is to design Public works
Administration Building at the Yard. RFP
to secure design consultant will be
release 2nd quarter FY 18/19
RFP to do design were
received on November
14, 2018
Library HAVC Upgrade
GB19‐004 CDBG $750,000.00
Scope of work is to upgrading the
HVAC System at the Norman
Feldheym Central Library. Design
consultant will be retained to do
PS&E package 2 nd quarter FY
18/19.
Design Built Contract
ihas been awarded on
November 21, 2018
Council meeting.
contract.
Fuel Station Upgrade at
City Yard GB19‐005 IW/527 $500,000.00
Upgrading existing fuel station at the
City yard
esign Built Contract
ihas been awarded on
November 21, 2018
Council meeting.
contract.
Total for New
Projects $7,995,000.00
Total Budget for the
FY 18/19 Program $9,650,000.00
18.b
Packet Pg. 654 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ PARK RECREATION
CIP Project Funds FY 18/19 Budget
j p
Plan Status
Seccombe Lake Ball Fields –
Security Fencing/Restroom
Upgrades PR19‐001 CDBG $500,000.00
The project consists of complete
remodeling of two restrooms and
the installation of a security
fencing around the ball field.
Plans are 95% completed. The
Project will bid in April 2018.
City Council to award the bid in
June 2018. Construction to
commence in July/August 2018.
Construction
Contrcat awarded
on June 20, 2018
by City Council.
10% Construction
complted.
Perris Hill Park
Improvements PR19‐002 CDBG $250,000.00
Perris Hill Park Improvements ‐
Security Fencing / Restroom
Upgrade‐ PR17‐002
Construction
Contrcat awarded
on June 20, 2018
by City Council.
10% Construction
complted.
Al Guhin Park ‐ Playground
Equipment PR 19‐001 Parkland (268)$94,700.00
Purchase and install playground
equipment and surfacing at Al
Guhin Park . After demolition of
Commuynity Center, Park
equipment will be installed.
To be determined
Options Analysis for Delman
Heights Park PR 19‐008 General Fund $150,000.00
Scope of project to do Delman
Heights Park assessment to
provide required improvements
according to Community needs.
RFP will send out to receive
proposals for design 1st quarter
FY 18/19 and consultant will be
seclected 2nd quarter FY 18/19.
Parks, Recreation
and Community
service sis the
lead on the
project. Proposals
to assess park
needs were
received on
September 20,
2018 and are
being reviewed.
Verdemont Community
Center at Al Guhin PR
04‐028 Fund 208 $263,000.00
Verdemont Community Center
at Al Guhin Park will
bedemolished. Demolition
contract award 2nd quarter FY
18/19.
Construction
contract to
demolish was
awarded on
September 19,
2018 Council
meeting. Pre
Construction
meeting was held
on October 16,
2018 and
construction
started
18.b
Packet Pg. 655 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ PARK RECREATION
San Bernardino Soccer
Complex Drop off Lane
PR19‐003 Parkland (268)$120,000.00
This project will install
participant drop-off lane at East
boundary of the complex to
provide a safe drop zone for
participants at the Soccer
Complex and will also help to
avoid obstruction of through
traffic at the beginning and end
of events. RFP will send out to
receive proposals for design 1st
quarter FY 18/19 and consultant
will be seclected 2nd quarter FY
18/19.
Working on
design concepts
Total for Ongoing
Existing Projects $1,377,700.00
Pool Plastering and Related
Renovations PR19‐004 CDBG $714,000.00
Phase 2 of the Pool Plastering
and Related Renovations project
will address the main pool and
wading pool at Nunez Pool, main
pool at Delmann Heights, and the
main pool at Mill. Project will be
advertised 2nd quarter FY 18/19
and contract awarded 3rd quarter
FY 18/19.
Construction
contract was
awarded on
September 5,
2018 Council
meeting.
Construction is
80% completed
Play Ground Equipment
Replacement PR19‐005 CDBG $830,000.00
This is Phase 1 of 5 phases.
Phase 1 (FY 18/19) consists of
replacing the playground
equipment at the following park
sites: LaPlaza, Colony, Gutierrez
Field, Delmann Heights,
Encanto, and Jack Reily. Project
will be advertised 1st quarter FY
18/19 and contract awarded 2nd
quarter 18/19.
Construction
contract awarded
on October 17,
2018 Council
meeting. Pre
construction
meetimng wqas
held on
November 15,
2018 and
Splash Parks Improvements
PR19‐007
CDBG,
Parkland Fund $3,454,700.00
The Project consist of design and
construction of water recycling
facilities to provide services to
the City’s Splash pads that
located at the following Parks.
Design completed and project
advertise 2nd quarter FY 18/19
and contract award 3rd quarter
FY 18/19.
Proposals for
design build
contravct was
received on
August 23, 2018.
Waiitng for
CDBG approval
to award the
contract.
Total for New Projects $4,998,700.00
Total Budget for the
FY 18/19 Program $6,376,400.00
18.b
Packet Pg. 656 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP‐ POLICE
CIP Project Funds FY 18/19 Budget
Project Description and Work
Plan Status
Headquarter Roof
Replacement
PD19‐001 General $550,000.00
This project will replace roof at
Police Headquarter. Project will
be advertised 2nd quarter FY
18/19.
Construction
Contract
awarded on
September 19,
2018 Council
meeting. Pre
Construction
was held and
Construction
started.
Shooting Facility
Improvements PD19‐
002 General $2,500,000.00
This project will improve
existing Police Department
shooting facility.
RFP for design‐
build service
will be issued
shortly
Tenant Improvements at
Building 'B' by Headquarter
PD19‐003 General $2,500,000.00
This project will provide tenant
improvement at Building “B” by
Police Headquarter.
To be
determined
Total for New Projects $5,550,000.00
Total for the FY 18/19
Program $5,550,000.00
18.b
Packet Pg. 657 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
CIP ‐ LANDFILL
CIP Project Funds FY 18/19 Budget Project Description and Work Plan Status
Underground Diesel Tank
removal at 450 E Vanderbilt
Way LD19‐001 IW/527
$150,000.00
This Project consists of removal of
a diesel underground tank that is
located at the City closed landfill
located at Vanderbilt Way and
Carnegie Drive. RFP for design
will be isseued 2nd quarter FY
18/19.
Completed
Total for New Projects $150,000.00
18/19 Program $150,000.00
18.b
Packet Pg. 658 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
NON CIP
Non CIP Project Funds
FY 18/19
Budget
Project Description and
Work Plan Status
Meadowbrook Pedestrian
Bridge Replacement over
Warmer Creek Insurance Claim
This Project consists of
replacing exisitng
Pedestrain Bridge in
meadow Brook Park
which wa sdamaged in
fire in 2017
RFP for desig‐build
contract ahs been
issued and due on
Noverber 15, 2018
Feldheym Libraray Landscaping
To provide drought
resisitent landscaping at
Feldheym Libraray In design
I Street Repair between 2nd
Street and 3rd Street
to provide street repair
on I street between 2nd
Street and 3rd street
Project will be
advertised shortly
Underground Oil Storage t/ank
Leakage at former montgomert
Wards Service Center
To prepare Work Plan
address issues with
Water Quality Board
Environmental
consultant has been
selected
Total $0.00
Total Budget for the FY
18/19 $0.00
18.b
Packet Pg. 659 Attachment: PW.CIP-FY18-19 Workplan.11-16-18Attachment (5852 : Capital Improvement Work Plan Update for FY 2018/19)
19.a
Packet Pg. 660 Attachment: EHD.CDBG DRAFT AMENDED FY 2018-19 ACTION PLAN.REPORT (5853 : Substantial Amendment to FY 2018/19 Action Plan)
19.a
Packet Pg. 661 Attachment: EHD.CDBG DRAFT AMENDED FY 2018-19 ACTION PLAN.REPORT (5853 : Substantial Amendment to FY 2018/19 Action Plan)
19.a
Packet Pg. 662 Attachment: EHD.CDBG DRAFT AMENDED FY 2018-19 ACTION PLAN.REPORT (5853 : Substantial Amendment to FY 2018/19 Action Plan)
19.a
Packet Pg. 663 Attachment: EHD.CDBG DRAFT AMENDED FY 2018-19 ACTION PLAN.REPORT (5853 : Substantial Amendment to FY 2018/19 Action Plan)
CITY OF SAN BERNARDINO DRAFT AMENDED FY 2018-2019 ACTION PLAN
PROJECTS TO BE UNDERTAKEN TO MEET THE OBJECTIVES OF THE CONSOLIDATED PLAN
Mayor: R. Carey Davis
Councilmember First Ward: Virginia Marquez
Councilmember Second Ward: Benito J. Barrios
Councilmember Third Ward: John Valdivia
Councilmember Fourth Ward: Fred Shorett
Councilmember Fifth Ward: Henry Nickel
Councilmember Sixth Ward: Bessine L. Richard
Councilmember Seventh Ward: James L. Mulvihill
Photo: Valencia Vista Apartments Funded with City HOME Dollars
Annual Action Plan
2018
1
OMB Control No: 2506-0117 (exp. 06/30/2018)
19.b
Packet Pg. 664 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
In a letter dated September 27, 2018 HUD notified the City of San Bernardino that it did not qualify for
an exception to the timely expenditure requirement of the City’s Community Development Block
Grant (CDBG) funds. Consequently, the City’s program year 2018 CDBG allocation was reduced by
$524,034. Due to the reduction the Annual Action Plan must be amended. Fortunately, the City had
savings in its CDBG program and apart from one project that has been unable to spend down its
funds, all other programs have been preserved.
As a consequence of the reduction in the City’s CDBG allocation the amended Annual Action
Plan reflects the following changes:
• Project #2 Improve Neighborhood Conditions - Demolition Program: Funding for this project
is proposed to be eliminated because the program does not meet the CDBG national
objectives, which require that the cleared property be used for a purpose the benefits of
which are available to all the residents in a particular area. The funds from this project have
been reprogrammed to fund part of the gap created by the reduction in the City’s allocation.
• Project #3 Preserve and Rehabilitate Housing - Owner Occupied Rehabilitation
Program: Funding for this project is proposed to be doubled. Interest in this project has
increased significantly and additional dollars are needed to satisfy the increased interest.
• Project #5 Improve Facilities and Infrastructure – Public Facilities Projects: Funding for
this project is proposed to be increased by $195,000. The funds will allow the City to free up
parkland monies. Parkland monies can be used for parks that do not qualify for CDBG
funding. Street/sidewalk improvement which was funded with FY 17-18 CDBG funds will be
increased by $150,000 to address increased costs for removal of concrete underlying the
asphalt street surfaces.
• Project #7 Citywide ESG Activities: Prior year’s resources and fund carryover increased the
amount in order to fully expend ESG carryover. All projects will be funded and it is
recommended that both CAP and FSA receive increased amounts in order to expend ESG
carryover.
• Project #9 CDBG Planning and Administration: This activity has been reduced to reflect the
maximum allowable administrative cost of 20% of the reduced 2018 CDBG allocation.
• Project #11 CDBG - Unprogrammed and Program Income: This activity’s funds will be
reprogrammed to fill the gap resulting from the $524,034 reduction in the 2018 CDBG
allocation.
Annual Action Plan
2018
2
OMB Control No: 2506-0117 (exp. 06/30/2018)
19.b
Packet Pg. 665 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan)
The City of San Bernardino (City) must prepare and submit to the Department of Housing and Urban
Development (HUD) an Annual Action Plan that details the proposed uses of federal grants the City
receives. The City is an entitlement community and receives the following federal grants:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)
The Action Plan serves as the City’s annual application to HUD and is a requirement for a receipt of
yearly allocations of the grants noted above. To receive these funds, the City undertakes a planning
process known as the Consolidated Plan cycle. This process is documented by three reports: 1) a Five-
Year Consolidated Plan; 2) five annual one-year Action Plans, and 3) five annual Consolidated Annual
Performance and Evaluation Reports (CAPERs).
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The City of San Bernardino has a range of housing and community development needs. The City's
objective is to use its grant funds to coordinate programs, services, and projects with the anticipated
outcome of creating a decent and suitable living environment to benefit low- and moderate-income
households and those with special needs. Priorities for the FY 2015-2019 CONSOLIDATED PLAN
established in consultation with residents and community groups are noted.
Priority Objectives/Goals
1. Preserve and extend the useful life of existing housing stock through repair and rehabilitation
loans to low and moderate income households.
2. Fund activities that will improve neighborhood conditions through code enforcement,
demolition and clearance to ensure neighborhoods are safe for residents and moving toward
revitalization.
3. To expand homeownership opportunities: Fund construction of for-sale new single family
housing for first time homebuyers, on infill lots; provide down-payment assistance to first time
homebuyers.
4. To assist homeless and special needs population: Fund social service organizations to assist
homeless person through the provision of homeless prevention, emergency shelter, outreach,
supportive services and placement in permanent supportive housing.
5. To promote economic development and employment opportunities: Fund education and
training for business owners to launch and retain successful small business and improve
business viability.
Annual Action Plan
2018
3
OMB Control No: 2506-0117 (exp. 06/30/2018)
19.b
Packet Pg. 666 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan)
6. To improve and expand existing community facilities: Fund city-wide public facility
improvements that benefit low and moderate income households to include public libraries,
parks, community swimming pools, lighting, sidewalks, and replacement of unsafe park
playgrounds.
7. To eliminate impediments to fair housing: Fund fair housing activities to include fair housing
enforcement, landlord/tenant mediation and education.
8. Planning and administration: Funding for planning and administration of CDBG, HOME and ESG.
9. To preserve existing affordable rental housing: Continue monitoring of assisted rental
developments to ensure units remain affordable and habitable.
10. To expand affordable housing inventory through new construction: Continue to fund the infill
housing program that will build new homes on infill lots.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
• Demolition Program - Improve Neighborhood Conditions: The City's Demolition Program is
administered by the Community Development Department. During FY 2016-2017, this program
demolished 13 structures that posed a health and/or safety hazard to the community. Improve
Facilities and Infrastructure - Library Roof Replacement – This project replaced an unsafe roof
at Norman F. Feldheym Central Library. This project was initiated in FY 2015-2016 and
completed in FY 2016-2017.Fair Housing: The Inland Fair Housing Mediation Board provided
landlord-tenant counseling and other fair housing services to a total of 3,277 residents during FY
2016-2017.Supportive Services: The City funded 20 public service agencies during FY 2016-
2017. A total of 16,830 residents were assisted. Val 9: This project resulted in 76 affordable
rental housing units, including one on-site manager unit and was the first phase in the
redevelopment efforts of the Waterman Gardens public housing project. Golden
Apartments: Acquisition and rehabilitation of an existing apartment complex. By December,
2018, 17 new permanent supportive housing units for homeless persons will have been added
to the housing stock as 21 units at the Golden Apartments will be rehabilitated to 38
units. Catholic Charities: The Hope in the City Program provided homeless prevention services
to 232 people. Central City Lutheran Mission: The Men’s Emergency Shelter program provided
temporary housing to 323 homeless men. Time for Change: The Housing Solutions for Homeless
Persons program assisted 137 homeless persons.
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2018
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4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
To solicit public input during the development of the Consolidated Plan, the City conducted two
community workshops, distributed a Housing and Community Development Needs Survey to city
residents, mailed flyers to agencies that provide support services to city residents, posted the draft
Consolidated Plan on the City's website, and made the Consolidated Plan available at various locations
within the City and held five public hearings/meeting before the City Council.
For the 2018 program year Action Plan:
The City convened a workshop with Dignity Health and 30 organizations (foundations, health providers,
housing providers, banks CDFI's) and community stakeholders to receive input and commitments on
how to improve the life, health and housing of low and moderate income persons, including persons
with special needs, such as homeless, elderly and children.
• Published a public notice (in English and Spanish) in the San Bernardino Sun, and El Chicano
announcing the availability of the Draft Amended FY 2018-19 Annual Action.
• Made available a copy of the Draft Amended FY 2018-2019 Annual Action Plan at the
Community Development public counter, the City website and Norman F. Feldheym Public
Library for public review.
• Held a 30-day public comment period for the Draft Amended FY 2018-2019 Annual Action Plan
for the period of November 5, 2018 through December 5, 2018.
• Held a public hearing to approve and submit the Draft Amended FY 2018-2019 Annual Action
Plan to HUD.
• Monthly, informal meetings with community members who are interested in improving the
housing opportunities in the City.
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2018
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5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
A public comment period for the Draft Amended Fiscal Year 2018-19 Annual Action Plan was held
from November 5 through December 5, 2018. The City of San Bernardino did not receive public
comments on the Annual Action Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
There were no comments received by the City of San Bernardino.
7. Summary
The City has undertaken diligent and good faith efforts to reach all segments of the community that may
benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)
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2018
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Economic and Housing Development Department
HOPWA Administrator
HOME Administrator SAN BERNARDINO Economic and Housing Development Department
ESG Administrator SAN BERNARDINO Economic and Housing Development Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The Economic & Housing Development Department plans, administers, implements and monitors projects funded through the City’s formula
entitlement funds from HUD. As a recipient of these funds, the City’s Economic & Housing Development Department is tasked with the
responsibility of developing and carrying out the goals and objectives noted in the Consolidated Plan. The City uses these and other funds to
provide decent housing, create a suitable living environment, and expand economic opportunities throughout the City.
The Economic & Housing Development Department works closely with other City departments, the City Manager's Office, the City Council, and
City commissions in establishing and carrying out goals that will preserve the quality of life in San Bernardino.
Consolidated Plan Public Contact Information
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2018
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For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Economic & Housing Development
Department, 215 N D Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270.
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2018
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City views the Consolidated Plan as an opportunity to engage the community in the CDBG, ESG, and
HOME investment process. It urges citizens to voice their concerns and share their ideas concerning
community development, affordable housing, and homelessness. It encourages all residents, especially
those living in low- and moderate-income neighborhoods, to participate in the planning process.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l))
• The City has been working in a partnership with the Housing Authority of the County of San
Bernardino (HACSB) and County Community Development Agency to redevelop 251 units of
public housing at the former Waterman Gardens public housing project.
• The City is also working in a partnership with National CORE, an Inland Empire CHDO in the
redevelopment of Waterman Gardens. The City has been coordinating and working in
partnership with HACSB and Housing Partners I, a San Bernardino County CHDO, in the
acquisition and rehabilitation of a 21-unit apartment complex into 38 permanent supportive
housing units for homeless persons.
• The City provides funding for, and coordinates with, two non-profit housing providers (NPHS
and NHSIE) for the provision of homeowner housing assistance, through single family
rehabilitation.
• Housing Partners I and NPHS are also providing new infill ownership housing, with funds
provided by the City, to increase homeownership among households at and below 80% of Area
Median Income and to utilize vacant lots throughout the city.
• Through the Quality of Life Committee, the City coordinates with the County Department of
Behavioral Health in and ongoing exchange of information and resources available to persons
who are experiencing homelessness and mental health crises.
• The City also coordinates a senior nutrition program and various senior outreach services with
the County Office of Aging and Adult Services.
• The City has also been working on investment strategies for housing and health with Dignity
Heath.
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2018
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Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
As homelessness has no boundaries, the most efficient way to address the needs of the homeless
(especially chronically homeless populations), is regionally. There are three entities that work
collaboratively to address homelessness throughout San Bernardino County. They are: 1) the
Interagency Council on Homelessness, a policy making body; 2) Homeless Provider Network, an advisory
group made up of local public, private, faith-based, non-profit and housing organizations who work to
improve service delivery to the homeless; 3) the San Bernardino County Behavioral Health
Administration, Office of Homeless Services, the administrative arm of the CoC. The strategy that
guides the actions of the above-mentioned groups is the “10-Year Strategy to End Homelessness in San
Bernardino County”. This document serves as the blueprint for ending homelessness in San Bernardino
County.
The City of San Bernardino is an active participant of the Continuum of Care (CoC) and fully supports the
goals and objectives of the 10-Year Strategy to End Homelessness in San Bernardino County. City of San
Bernardino City Councilmember, Virginia Marquez, represents the City of San Bernardino on the board
of the Interagency Council on Homelessness, the City’s Police Department supports and participates in
the Point-in-Time Homeless Count, and the Economic & Housing Development Department staff
requires its ESG Subrecipients to participate in the CoC’s Homeless Management Information System
(HMIS), a software application designed to collect client-level data and data on the provision of housing
and services to homeless individuals and families and persons at risk of homelessness.
Through its ESG program the City funds four organizations that provide homeless prevention services,
street outreach, rapid rehousing and permanent supportive housing.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City works closely with the CoC and attends its regular scheduled meetings and trainings in the area
of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not
less than one former homeless member, in regards to funding recommendations. The discussions at the
ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided
illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are
helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of
discussion include presentations to the Office of Homeless Services on activities from the San
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2018
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Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their
strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative – the Housing
Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways
to address the needs of the County’s homeless veterans. Over the past year the HASCB, along with the
support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for
homeless veterans.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization Kaiser Permanente
Agency/Group/Organization Type Health Agency
Foundation
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health to elicit commitment for affordable
housing investment and related services.
2 Agency/Group/Organization Housing Authority of the County of San Bernardino
Agency/Group/Organization Type PHA
Other government - Federal
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health to elicit commitment for affordable
housing investment and related services.
3 Agency/Group/Organization Dignity Health St Bernardine Medical Center
Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
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2018
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community.
4 Agency/Group/Organization Center for Community Investment
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
5 Agency/Group/Organization California Endowment, The
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Education
Foundation
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Anti-poverty Strategy
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2018
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
6 Agency/Group/Organization Robert Wood Johnson Foundation
Agency/Group/Organization Type Services - Housing
Foundation
What section of the Plan was addressed by Consultation? Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
7 Agency/Group/Organization Enterprise Community Partners, Inc.
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Economic Development
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
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2018
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8 Agency/Group/Organization Local Initiatives Support Corporation (LA LISC)
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Housing Need Assessment
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
9 Agency/Group/Organization Wells Fargo
Agency/Group/Organization Type Business Leaders
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
10 Agency/Group/Organization Inland Regional Center
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Anti-poverty Strategy
Lead-based Paint Strategy
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2018
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The IRC was consulted in the process of outreach to community
organizations that serve children and families with special needs.
Identify any Agency Types not consulted and provide rationale for not consulting
Two hundred and fifty-eight agencies were contacted as part of the outreach process. However the City ran out of time and did not include
corrections programs and institutions. In the future the City will make a special effort to include corrections programs and institutions.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals
of each plan?
Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will
complement the COC Strategy.
10-Year Strategy to End
Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent
with the 10-Year Strategy to End Homelessness.
City of San Bernardino 2013-2021
Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs will
complement the 2013-2021 Housing Element.
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the
ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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2018
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The City published a public hearing notice (Appendix A) in the San Bernardino Sun, and El Chicano newspapers in accordance with its citizen
participation plan for its December 5, 2018 Public Hearing. It also posted the notice and the Amended Draft FY 2018-2019 Action Plan on the
City website. The Amended Draft FY 2018-12019 Action Plan was available at the Community Development Department public counter, and
the Norman F. Feldheym Public Library. Additionally, staff meets informally on a monthly basis with local residents, business owners and interest
parties who want to improve housing opportunities in the city.
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2018
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Citizen Participation Outreach
Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Residents of
Public and
Assisted
Housing
Low income
persons
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
http:iecn.com/newpapers/el-chicano/
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2018
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
2 Internet
Outreach
Non-
targeted/broa
d community
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
www.sbcity.org/housing
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2018
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
3 Public
Meeting
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
Low income
persons
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
Annual Action Plan
2018
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
4 Public
Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
Annual Action Plan
2018
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
5
Monthly
community
meetings
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
These are
informal
monthly
meetings that
at a community
location that
interested
resident and
business
owners attend.
Mostly
discussions
about needs
in the
neighborhood
s and
questions
about how
City is
addressing the
needs.
All comments
and all residents
are welcome.
Table 4 – Citizen Participation Outreach
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2018
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Pursuant to the HUD Office of Community Planning and Development (CONSOLIDATED PLAN) Notice #16-18, for FY 2018-2019, HUD will not
execute a grant agreement with a grantee until HUD has received a plan which incorporates the actual allocation amount a grantee is to receive
for FY 2018-2019. The President signed the budget in late March, 2018 and HUD is waiting for notification of the allocations to jurisdictions.
Anticipated Resources
Program Source
of Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 2,852,827 40,000 1,712,557 4,605,384 0
Funding for program year 2018
includes the City's reduced HUD
allocation, estimated program income
and prior year resources.
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2018
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Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA 1,385,676 0 20,000 1,405,676 0
In program year 2018 the City will no
longer be part of the County HOME
Consortium. The City plans to invest
its HOME dollars in the Infill Housing
Program.
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental assistance)
Rental Assistance
Services
Transitional
housing 275,207 0 50,390 325,597 0
In the amendment this activity's prior
year resources are reduced to
$50,390, which reflects the actual fund
carryover from prior years versus the
estimated amount in the current
Action Plan.
Table 5 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
The City leverages its resources with public and private capital in order to develop quality affordable homes for San Bernardino residents.
Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:
Federal Resources
• Supportive Housing for the Elderly (Section 202)
• Supportive Housing for Persons with Disabilities (Section 811)
• Housing Opportunities for Persons with AIDS (HOPWA)
• Youthbuild
• Federal Low-Income Tax Credit Program
State Resources
• State Low-Income Tax Credit Program
• Affordable Housing and Sustainable Communities
• No Place Like Home
• Veteran Housing and Homeless Prevention Program
• Mental Health Service Act (MHSA)Funding
Local Resources
• San Bernardino County Continuum of Care
• Housing Authority of San Bernardino County (HACSB)
Private Resources
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2018
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• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met
the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs.
HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction
meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. In 2017 the City was still
a participant in the County of San Bernardino HOME consortium and pursuant to the 2017 HOME match reductions, the City qualified for a 50%
reduction in its HOME match, for which the County consortium was responsible. Since the 50% match reduction is effective for the fiscal year in
which the determination is made and for the following fiscal year, the City will reduce its required HOME match, of the funds it receives for in
program year 2018, by 50%. Nonetheless, the City of San Bernardino will continue to leverage its HOME funds with other housing
resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as
part of the Consolidated Annual Performance and Evaluation Report each year.
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If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
As part of the dissolution of the redevelopment agency, successor agencies with real property assets are
required to dispose of the properties pursuant to the City’s Long Range Property Management Plan or
Housing Asset Transfer (HAT) Plan. The Successor Housing Agency’s HAT listed a total of 141 parcels of
land. Some of these parcels are to be sold and others will be retained for business and or affordable
housing development.
It is the intent of the City to select properties to be used in the City’s Infill Housing Program, a program
that will develop single family homes on vacant and or blighted sites and sell them to income qualified
buyers.
Discussion
No discussion is provided for this section.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Preserve and
Rehabilitate
Housing
2015 2019 Affordable
Housing
Preserve and
Rehabilitate
Housing
CDBG:
$500,000
HOME: $0
ESG: $0
Homeowner Housing Rehabilitated:
8 Household Housing Unit
2 Improve
Neighborhood
Conditions
2015 2019 Affordable
Housing
Improve
Neighborhood
Conditions
CDBG: $0
HOME: $0
ESG: $0
3 Promote Economic
Development
2015 2019 Non-Housing
Community
Development
Promote Economic
Development
CDBG:
$32,950
HOME: $0
ESG: $0
Businesses assisted: 10 Businesses
Assisted
4 Improve Facilities
and Infrastructure
2015 2019 Non-Housing
Community
Development
Improve Facilities
and Infrastructure
Improve
Neighborhood
Conditions
CDBG:
$2,699,000
HOME: $0
ESG: $0
Public Facility or Infrastructure
Activities for Low/Moderate Income
Housing Benefit: 33590 Households
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
5 New Affordable
Housing
Construction
2015 2019 Affordable
Housing
New Affordable
Housing
Construction
CDBG: $0
HOME:
$650,000
ESG: $0
Homeowner Housing Added: 3
Household Housing Unit
6 Fair Housing 2015 2019 Affordable
Housing
Fair Housing CDBG:
$66,000
HOME: $0
ESG: $0
Public service activities for
Low/Moderate Income Housing
Benefit: 3300 Households Assisted
7 Planning and
Administration
2015 2019 Administration Planning and
Administration
CDBG:
$570,566
HOME:
$138,568
ESG: $0
Other: 0 Other
8 Provide Assistance
to Renter
Households
2015 2019 Affordable
Housing
Provide Assistance
to Renter
Households
CDBG: $0
HOME: $0
Tenant-based rental assistance /
Rapid Rehousing: 0 Households
Assisted
9 Expand Home
Ownership
Opportunities
2015 2019 Affordable
Housing
Expand Home
Ownership
Opportunities
HOME:
$650,000
Homeowner Housing Added: 3
Household Housing Unit
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
10 Provide Supportive
Services
2015 2019 Homeless
Non-Homeless
Special Needs
Provide Supportive
Services
ESG:
$325,597
Tenant-based rental assistance /
Rapid Rehousing: 30 Households
Assisted
Homeless Person Overnight Shelter:
50 Persons Assisted
Overnight/Emergency
Shelter/Transitional Housing Beds
added: 200 Beds
Homelessness Prevention: 65
Persons Assisted
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal
Description
No interest loans will be provided to low-mod, single family owner-occupants for the rehabilitation of their homes. Interest
in this program, from low-mod owner occupants, has increased significantly. Consequently, this amendment is an
opportunity to meet that increased interest with an additional $250,000 being programmed, from the City's CDBG
savings, to this activity.
2 Goal Name Improve Neighborhood Conditions
Goal
Description
The funding for this activity is being reprogrammed to make up the gap created by the $524,034 reduction in the City's
2018 CDBG allocation. This program has been unable to spend down its CDBG budget during the last two consecutive
years.
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3 Goal Name Promote Economic Development
Goal
Description
Promote economic development and employment opportunities for low and moderate income persons.
4 Goal Name Improve Facilities and Infrastructure
Goal
Description
Nine park facilities will be improved and renovated; one swim center and one library facility will be renovated, for a total
of 11 public facilities projects. Due to the reduction in the City's 2018 CDBG allocation, unprogrammed funds will
be programmed to make up the gap for the facilities and infrastructure projects. An additional $195,000 will also be
programmed in order to free up parkland monies which can be used to renovate parks that are not CDBG
eligible. Additionally, $150,000 will be programmed to street and sidewalk improvements on Genevieve, 8th and
Union streets to address increased costs related to the removal of concrete beneath the street surfaces on the noted
streets.
5 Goal Name New Affordable Housing Construction
Goal
Description
New housing will be built on vacant lots throughout the city in order to provide homeownership opportunities to benefit
low-mod households.
6 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement and testing.
7 Goal Name Planning and Administration
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community
development programs and activities. The City will also continue to comply with the planning and reporting requirements of
the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG,
HOME and ESG funds to ensure effective and appropriate use of funds. As a result of the reduction in the City's 2018
allocation, the 20% maximum planning administration amount for CDBG has been recalculated and reduced. The City will
not take administration for ESG.
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2018
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8 Goal Name Provide Assistance to Renter Households
Goal
Description
Assistance to renter households is accomplished by assisting housing developments that will restrict their units to low-
income households.
9 Goal Name Expand Home Ownership Opportunities
Goal
Description
Expand home ownership opportunities and assist homebuyers with the purchase of affordable housing.
10 Goal Name Provide Supportive Services
Goal
Description
Assist homeless and special needs populations with supportive services. The ESG amount for prior year funds has been
reduced to $50,390, which reflects a reduction in actual fund carryover from prior years versus the estimated amount in
the current Action Plan. All projects will be funded as originally recommended and both Family Services Association and
Community Action Partnership will receive increased amounts in order to fully utilize all ESG carryover.
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2018
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Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the
following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand
home ownership opportunities; provide assistance to renter households,, provide supportive
services; promote economic development; improve facilities and infrastructure; fair housing, and
program planning and administration.
Projects
# Project Name
1 Fair Housing
2 Improve Neighborhood Conditions
3 Preserve and Rehabilitate Housing
4 Promote Economic Development
5 Improve Facilities and Infrastructure
6 Promote Economic Development
7 Citywide-ESG Activities/ESG Administration
8 Expand Homeownership Opportunities
9 CDBG- Planning and Administration
10 HOME - Planning and Administration
11 CDBG - Unprogrammed and Program Income
12 CHDO Setaside
13 HOME-Unprogrammed Allocation
Table 7 - Project Information
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Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocation priorities are a result of input received from the community and based on the identified
needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle to
addressing underserved needs is insufficient funds to meet the ongoing needs of persons, especially
those with special needs such as the homeless.
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2018
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AP-38 Project Summary
Project Summary Information
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2018
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1 Project Name Fair Housing
Target Area
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $66,000
Description Inland Fair Housing Mediation Board will provide activities that will assist
the City in furthering fair housing.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, conciliation, and/or referral
of housing discrimination complaints free of charge in the City of San
Bernardino. IFHMB offers workshops to educate housing providers,
tenants, homeowners, and financial and lending institutions on fair
housing laws.
2 Project Name Improve Neighborhood Conditions
Target Area
Goals Supported Improve Neighborhood Conditions
Needs Addressed Improve Neighborhood Conditions
Funding :
Description Funds for the demolition program will be reprogrammed to help make up
the gap created by the reduction in the City's 2018 CDBG allocation. The
program has been unable fully expend its budget during the last two
years.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
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2018
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Location Description
Planned Activities Funds for the demolition program will be reprogrammed to help make up
the gap created by the reduction in the City's 2018 CDBG
allocation. The project has been unable fully expend its budget during the
last two years.
3 Project Name Preserve and Rehabilitate Housing
Target Area
Goals Supported Preserve and Rehabilitate Housing
Needs Addressed Preserve and Rehabilitate Housing
Funding CDBG: $500,000
Description Grants for rehabilitation of single family homes: Applicant incomes at or
below 80% of Area Median Income. Due to increased demand for the
loans associated with this program, an additional $250,000 in CDBG funds
is proposed to be added through the amendment.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description This program will be available to low-mod owner occupants citywide.
Planned Activities Construction management, lead and asbestos inspection and housing
rehabilitation services. Due to increased demand for the loans associated
with this program, an additional $250,000 in CDBG funds is proposed to
be added through the amendment.
4 Project Name Promote Economic Development
Target Area
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $32,950
Description Provide no-cost services to business owners to improve the likelihood of
successful business launch, and growth of existing businesses.
Target Date
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2018
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Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities No-cost workshops, one-on-one sessions and telephone/email
consultation services to residents/business owners.
5 Project Name Improve Facilities and Infrastructure
Target Area
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Neighborhood Conditions
Improve Facilities and Infrastructure
Funding CDBG: $2,699,000
Description Remove and replace existing playground equipment at 6 park sites to
ensure safety and ADA compliance; replace pool plaster at one city pool;
renovate splash pads at 3 parks, for water conservation; replace HVAC
system at one library. Funding for this project is proposed to be increased
by $195,000. The funds will allow the City to free up parkland monies.
Parkland monies can be used for parks that do not qualify for CDBG
funding.
Target Date 6/30/2019
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated on qualifying census data for the projects that 33,590
persons of low-mod income will benefit.
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2018
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Location Description 1. Jerry Lewis Swim Center - 831 E. Highland Ave., San Bernardino
Lytle Creek Park - 380 S. K Street, San Bernardino (Splash
pads)Wildwood Park - 536 E 40th Street, San Bernardino (Splash
pads)Anne Shirrels Park - 1367 North California, San Bernardino
(splash Pads)Jack Reilly Park - 6022 Norma Lane, San
Bernardino Gutierrez Field - 114th Street and Mt Vernon Ave., San
Bernardino Encanto Park - 1180 W. 9th Street and Mt. Vernon,
San Bernardino La Plaza Park - 685 Mt. Vernon Ave., San
Bernardino Colony Park - 153 East Harwick Drive, San
Bernardino Feldheym Library - 565 N F Street, San Bernardino
Delmann Heights Park - 2969 N. Flores Street, San
Bernardino Genevieve, 8th Street and Union Street - street
and sidewalk improvements
Planned Activities Remove and replace existing playground equipment at 6 park sites;
removal and replacement of pool plaster at one city-owned pool;
renovate splash pads for water conservation; replace HVAC system at
public library.
6 Project Name Promote Economic Development
Target Area
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $736,868
Description Debt payment on Section 108 in order to pursue physical and economic
revitalization that will provide jobs.
Target Date
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2018
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Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Section 108 debt repayment.
7 Project Name Citywide-ESG Activities/ESG Administration
Target Area
Goals Supported
Needs Addressed Provide Supportive Services
Funding ESG: $325,597
Description ESG Allocation: Funding for various Emergency Solutions Grant Program
Projects to include Emergency Shelter, Rapid Rehousing, Homelessness
Prevention, Street Outreach and HMIS costs. Funds from prior years have
been reduced to $50,390, which reflects the actual fund carryover from
prior years versus the estimated amount. All projects will be funded and
it is recommended that both Community Action Partnership and Family
Services Association receive increased amounts in order to fully expend
ESG carryover.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description Activity will be available citywide.
Planned Activities Community Action Partnership - will provide homeless persons and those
at risk of homelessness with temporary rental assistance, financial literacy
education and linkages to other support services.
Family Service Association - will provide Emergency Shelter (motel
vouchers), wraparound services and case management, to prevent
homelessness.
Time For Change Foundation - will provide Street Outreach, Emergency
Shelter, and Homelessness Prevention
Annual Action Plan
2018
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8 Project Name Expand Homeownership Opportunities
Target Area
Goals Supported New Affordable Housing Construction
Needs Addressed Expand Home Ownership Opportunities
Funding HOME: $650,000
Description Infill Housing: $650,000 - will provide home ownership opportunities for
low and moderate income homebuyers by developing affordable housing
units on infill lots. City HOME Administration: $138,568
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Construction of new single family units on infill lots throughout the city.
9 Project Name CDBG- Planning and Administration
Target Area
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $570,566
Description Administration of the CDBG program by City staff and consultants.
Preparation of various planning and performance documents, contracts,
and HUD reports. As a result of the reduction in the City's 2018 allocation,
the 20% maximum planning administration amount for CDBG has been
recalculated and reduced.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Grant and Project Management
Annual Action Plan
2018
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10 Project Name HOME - Planning and Administration
Target Area
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding HOME: $138,568
Description Administration of the HOME program. City staff and consultants will
manage various HOME funded programs; prepare financial documents,
contracts and HUD reports.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Grant and project management
11 Project Name CDBG - Unprogrammed and Program Income
Target Area
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $416,671
Description Funds for this project will be reprogrammed to fill the gap resulting from
the $524,034 reduction in the 2018 CDBG allocation.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description In CDBG eligible areas throughout the city.
Planned Activities Funds will be reprogrammed to fill the gap resulting from the $524,034
reduction in the 2018 CDBG allocation.
12 Project Name CHDO Setaside
Annual Action Plan
2018
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Target Area
Goals Supported Preserve and Rehabilitate Housing
New Affordable Housing Construction
Needs Addressed Preserve and Rehabilitate Housing
New Affordable Housing Construction
Funding HOME: $207,851
Description The City of San Bernardino will set aside 15% of its HOME entitlement for
CHDO.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Single family owner occupied rehabilitation and single family first time
homebuyer.
13 Project Name HOME-Unprogrammed Allocation
Target Area
Goals Supported Preserve and Rehabilitate Housing
New Affordable Housing Construction
Needs Addressed Preserve and Rehabilitate Housing
New Affordable Housing Construction
Funding HOME: $409,257
Description Funds to be used to cover unforeseen costs related to homeownership
acquisition for low and moderate income households, or for a yet to be
identified affordable housing project. An amendment will be carryout
when the funds are budgeted to a HOME eligible activity.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Annual Action Plan
2018
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Location Description
Planned Activities To cover unanticipated increases in rehabilitation of single family
homes; in homeownership acquisition where loans to owners may need
to increase due to unanticipated future increases in interest rates for first
mortgages, which would result in a larger funding gap and a need for
additional HOME financing to low and moderate income first time buyers
in order to maintain housing affordable.
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2018
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
The City will use its funding for FY 2018-2019 to finance a variety of housing, community development,
economic development, and capital improvement projects. The majority of the funding will be used to
finance projects targeting low- to moderate-income individuals and families throughout the City.
CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where
51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S.
Census identified approximately 68.9 percent of the City consisted of households with low or moderate
incomes. A map of the Low / Moderate Income Target Areas is attached to this document. (Appendix B)
The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. (Appendix C)
Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin
majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic
Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is
comprised of some “Other” race or ethnicity.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The funding available under the 2015-2019 CONSOLIDATED PLAN may be used to meet a variety of
community development and housing needs. As part of the development of the 2015-2019
CONSOLIDATED PLAN, the City established priority needs based on an in depth analysis of the several
factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City
will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals
and Objectives” of this document.
Discussion
The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA)
within in the City.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
In accordance with the Housing Needs Assessment of the Consolidate Plan, housing problems within the
City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing
cost burden. The City will use CDBG and HOME funds to pursue two affordable housing goals: 1)
Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide
Assistance to Renter Households.
Preserve and Rehabilitate Housing
Approximately 67 percent of San Bernardino’s housing stock is over 30 years old and potentially in need
of rehabilitation. Many low- and moderate-income households, particular seniors and disabled, are
unable to fund the necessary repairs to their homes.
Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. According to the City’s Consolidated Plan, 54
percent of all renter-households and 43 percent of all owner-households experience at least one
housing problem. The most prevalent housing problems within the City is cost burden and overcrowded
conditions.
Families who pay more than 30 percent of their income for housing are considered cost burdened and
may have difficulty affording necessities such as food, clothing, transportation and medical
care. Overcrowded conditions exist when more people are living within a single dwelling than there is
space for, so that movement is restricted, privacy is compromised and levels of stress increase.
According to the City’s 2013-2021 Housing Element, approximately 51% of all San Bernardino
households overpaid for housing. Ten percent of the ownership households and 21 percent of renter
households lived in overcrowded conditions.
Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income
households. Eighteen affordable rental housing developments in the City offer income/rent restricted
housing for approximately 2,205 very low income households. Among these, 15 projects have subsidy
contracts that are expiring during the next 10 years. These projects are technically considered at risk of
converting to market-rate housing. However, most of these projects are non-profit owned senior
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2018
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housing which will receive priority for rental of subsidy contracts with HUD. Therefore it is unlikely that
the projects will convert to market-rate housing.
Nonetheless, the City will periodically reach out to owners of assisted projects to understand their
intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in
order to extend the terms of affordability.
The City also will continue to work with qualified Community Housing Development Organizations
(CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for
lower-income households.
One Year Goals for the Number of Households to be Supported
Homeless 55
Non-Homeless 3
Special-Needs 0
Total 58
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 0
The Production of New Units 20
Rehab of Existing Units 38
Acquisition of Existing Units 0
Total 58
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
The table "One Year Goals for the Number of Households to be Supported" consists of 38 homeless
persons assisted (at the Golden Apartments which will come online by December, 2018) and 3
new homeowners, for a total of 58 households supported.
The "One Year Goals for the Number of Households to be Supported Through" consists of 20 new units
(17 new units to be added at Golden Apartments) and 3 new ownership units, plus 21 rehabilitated units
at Golden Apartments, for a total of 58 household supported through the production of new units and
rehabilitation of existing units.
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2018
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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address
affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals,
and other individuals.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
This agency administers the Housing Choice Voucher Program, which provides rental assistance to
eligible residents of San Bernardino by providing monthly rental assistance to participants who want to
rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice
Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).
In 2017, the latest year for which data is available, HACSB provided 10,653 housing choice vouchers
throughout San Bernardino County, assisting 25,348 individuals. Of those 10,653 housing choice
vouchers, 2,968 or 28% were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice
Voucher and maximize the use of those funds and other resources in San Bernardino.
Actions planned during the next year to address the needs to public housing
To assist HACSB in addressing public housing needs, the City will do the following:
Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk
units affordable and utilize, if feasible, local incentives to preserve any at-risk units.
Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or
financial assistance to local non-profit organizations that provide affordable housing.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The City does not own any public housing units, therefore has not undertaken efforts to encourage
public housing residents to become more involved in the management of public housing
units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions
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to encourage public housing residents to contribute and participate in the management and HACSB has
a homeownership program for residents of public housing.
As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire
distressed properties within San Bernardino, rehabilitate them and sell them to income qualified
homebuyers. The City will work with HACSB, to identify any households who may be eligible for the
Housing Choice Voucher Program.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it
has a moving to work designation which is a designation that a limited number of PHAs across the
country have.
Discussion
There is no discussion relative to the designation of the county PHA.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
According to the San Bernardino County 2017 Homeless Count and Subpopulation Survey - Preliminary
Report, 491 persons in the City of San Bernardino were homeless during the point-in-time (P-I-T) count
conducted in January 25, 2018. A total of 137 individuals were sheltered, 176 were sheltered in
transitional housing and 333 were unsheltered. To address this issue, the City will allocate
approximately $283,990 in ESG funds to homeless service providers to who are skilled at transitioning
homeless individuals and families from homelessness to permanent housing through a variety of
activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and
essential services.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of
the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons
and assess their individual needs, the City will continue to support the CoC’s coordinated entry system,
2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent
risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to
retain current housing or to locate get housing placement.
The City will continue to use General Funds to support its Quality of Life Team, a public and private
sector partnership tasked with addressing potential public health hazards within the community,
including connecting homeless individuals who live in encampments with necessary support services.
Additionally, through its ESG funds, the City is funding Step Up On Second, with the goal of reaching 200
homeless persons through street outreach, providing social service referrals to 75 of those 200 persons
and facilitating the placement of 10% into permanent housing (20 homeless persons).
Addressing the emergency shelter and transitional housing needs of homeless persons
The City provides funds on an annual basis to a number of non-profit agencies that operate emergency
shelters and/or transitional housing for the homeless. Emergency shelters provide the most basic needs
of safe shelter and nourishment, as well as drop-in services, counseling, medical treatment,
transportation assistance, referrals to mental health and social service agencies, and assistance with
finding appropriate permanent housing. Transitional shelters provide housing and needed resources
(i.e., job training, money management, alcohol and drug rehabilitation, parenting classes, counseling) to
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help individuals and families re-establish independent living. These facilities also assist clients with
finding permanent housing.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every
community in the region. As the largest community in the County, the City also serves as a hub for
service providers. The City supports the efforts of this network of agencies in ending homelessness
through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key
components, one of which is homeless prevention. The provision of preventative services will decrease
the number of households and individuals who will become homeless and require emergency shelters
and assistance. The City seeks to prevent homelessness by funding emergency assistance for families
and households at-risk of being homeless. Educating residents about available services is a key
component in reducing homelessness.
Based on the City’s discussions with homeless advocates and providers, permanent housing and support
services are priorities for addressing the immediate needs of the homeless population. Providing
emergency services without complementary transitional and permanent housing services creates a
situation where the homeless remain in San Bernardino for services but are trapped in an emergency
housing situation or lack shelter due to inadequate resources for transitional and permanent housing.
The City will emphasize services providing transitional and permanent housing assistance through case
management, life skills, rental support and job assistance for homeless families and individuals
transitioning to permanent housing.
Utilizing its HOME dollars, in FY 2017-18 the City funded the acquisition of the Golden Apartments, a 21-
unit apartment complex that will be rehabilitated and converted into 38 one-bedroom apartments of
supportive housing for homeless persons. The units are slated for completion and occupancy by FY
2018-19.
As previously noted, many of the transitional housing programs assisted by the City include assistance
with finding permanent housing. In addition, the County’s 10-Year Strategy for Ending Homelessness
was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing
First Model. This approach is intended to minimize the amount a time an individual or family remains
homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing
the need to keep individuals and families in their current housing if appropriate.
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Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10-
Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge
planning in order to prevent people from becoming homeless when they are discharged from
correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires
that State and local governments have policies and protocols in place to ensure that persons being
discharged from a publicly-funded institution or system of care are not discharged immediately into
homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge
Planning Committee to focus on improving coordination between discharge planning agencies, local
government, and homeless service providers in order to implement a “zero tolerance” plan that will
prevent persons being discharged into homelessness.
Discussion
The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be
screened and assessed for a range of CoC and City funded homeless programs, including emergency
shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All
contracted service providers report outcomes based on the countywide outcome standards developed
by the Behavioral Health Administration-Office of Homeless Services, in order to inform future
adjustments to the service system.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City recognizes that barriers to affordable housing exist and continues to employ strategies to
overcome them. These added costs of housing can be contributed to:
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely
affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and
funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production
of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s
efforts to continue to support neighborhood revitalization.
Environmental Protection: State law (California Environmental Quality Act and California Endangered
Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act)
regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use
permits, etc.). Costs and time delay resulting from the environmental review process are also added to
the cost of housing.
Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and
automobile infrastructure to support new residential subdivisions. All new residential development is
required to provide sidewalk with curbs and gutters and must be served by appropriate roadways
consistent with the General Plan Circulation Element and adopted road development standards. The
cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian
and vehicular access and movement in the City.
Planning and Development Fees: Planning and development impact fees, such as for transportation,
water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s
fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new
residences.
Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land
during the evaluation and review process as a significant factor in the cost of housing. The City of San
Bernardino’s development review process is designed to accommodate growth without compromising
quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-
family homes and poorly maintained multifamily complexes.
State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR)
expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to
the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are
used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based
on discussions with developers, various prevailing wage requirements typically inflate the development
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costs by 35 percent.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by
developing and adopting a new Development Code that unified and simplified the City’s development
regulations and processes. That effort was followed by a reorganization of the City to unify the various
development-related departments into a single Community Development Department and a one-stop
permit counter. Moreover, the City is in the process of making the following additional amendments to
the Municipal Code in order to further reduce barriers to affordable housing:
1. Corridor Improvement Program - The four Corridor Strategic Areas (Mount Vernon, E Street,
Baseline, and Highland) are generally characterized by underperforming strip commercial,
vacant or underutilized parcels, deteriorating structures, and inconsistent façades and signage.
The Corridor Improvement Program is an optional package of policy, regulatory, and incentives
intended to stimulate investment and development in the Corridor Strategic Areas. While the
underlying land use designations and zones still apply, the property owner may request, and the
City may choose to apply, aspects of the Corridor Improvement Program necessary to achieve
the desired results.
2. General Lot Consolidation Incentive - Small, individual lots offer limited development potential,
and generally cannot support onsite property management. Development opportunities could
be increased through a small-lot consolidation program that offers a 15 percent density bonus
for projects with a residential component that are committing to a maintenance plan and having
on-site management. The City is anticipating amending the Development Code to incentivize lot
Consolidation. Approval is anticipated in fiscal year 2018-19.
3. Density Bonus Provisions - Density bonus projects can be an important source of housing for
lower and moderate income households. The City anticipates amending the Development Code
to reflect the latest amendments to State density bonus law.
4. Transitional and Supportive Housing - The City plans to amend the Development Code to
adequately define transitional and permanent supportive housing and permit these uses based
on unit type, in accordance with Senate Bill 2.
5. Streamlined Processing - The City is committed to continuing the streamlining of development
activities and regulations and will continue to analyze potential programs that seek to eliminate
land use constraints, particularly as related to the provision of new housing and rehabilitation of
existing housing. The City amended its Development Code in 2012 to make it more user-friendly
and to minimize confusion for staff and the development community. As part of the
Development Code update, the City also introduced a new streamlined type of Conditional Use
Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental
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Review Committee rather than the Planning Commission, which requires less staff time (and a
relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for
certain qualified projects.
Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the
Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate
housing units and provide homeownership opportunities to low and moderate-income households.
For FY 2018-2019, the City will continue to fund its Infill Housing Program and Owner Occupied
Residential Rehabilitation Program. Through the City’s Infill Housing Program, the City will acquire,
rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and
moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide
deferred loans for the rehabilitation of single family units owned by low and moderate income
households.
Although the City no longer has access to redevelopment funds, the City will continue to leverage its
CDBG and HOME funds to attract private and other available public resources, including land conveyed
to the City for the purpose of creating affordable housing for low- and moderate- income households.
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AP-85 Other Actions – 91.220(k)
Introduction:
Priority Needs established in the FY 2015 - 2019 Five-Year Consolidated Plan, which form the basis for
establishing objectives and outcomes in the FY 2018-2019 One-Year Action Plan, are as follows:
High Priority
• Preserve and rehabilitate existing single-family dwellings.
• Improve neighborhood conditions through code enforcement and neighborhood revitalization.
• Expand homeownership opportunities and assist homebuyers with the purchase of affordable
housing.
• Assist homeless and special needs populations with supportive services.
• Promote economic development and employment opportunities for low and moderate income
persons.
• Improve and expand existing community facilities and infrastructure to meet current and future
needs.
• Eliminate identified impediments to fair housing through education, enforcement, and testing.
• Planning and administration
Low Priority
• Provide rental assistance and preserve existing affordable rental housing.
• Expand the affordable housing inventory through new construction.
Actions planned to address obstacles to meeting underserved needs
To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME
and ESG funds through the 2018-2019 Action plan in projects that provide financing for the affordable
housing development, housing rehabilitation, job creation, public facility/infrastructure improvements
and homeless prevention.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for
seniors and lower-income households.
Actions planned to foster and maintain affordable housing
The City will invest HOME funds to expand the supply of affordable housing and will use CDBG and
HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s
Owner Occupied Residential Rehabilitation Program that anticipates rehabilitating up to 4 homes owned
by income qualified San Bernardino homeowners. (See #3 in AP38 Projects Summary Table)
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Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted
through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested
for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement
procedures will be included in the scope of work for the rehabilitation of the housing unit. All
procedures will be in compliance with 24 CFR Part 35.
Actions planned to reduce the number of poverty-level families
For FY 2018-2019, the City will support:
• An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties
within the City and when complete sell these homes to low- and moderate income households
• An Owner Occupied Residential Rehabilitation Program that will provide financial assistance to
San Bernardino homeowners whose homes are in need of repair.
• Micro Enterprise Program that will provide small business development training and support to
income qualified clients who are wish to start their own small business.
• Non-profit homeless service providers who can provide street outreach, rapid-rehousing,
homeless prevention, emergency shelter, and other essential services to homeless and near-
homeless persons and families.
• The improvement of various park facilities within income-eligible areas of the City that provide
recreational and support services to low- and moderate-income residents of the City.
• The efforts of HACSB, who provides rental assistance to low-income households.
• The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of
Homeless Services and various Homeless Service Agencies to provider public and social services
to residents living in poverty, including health services, counseling, educational programs, food
distribution, academic and vocational training, youth services, and senior services.
• The efforts of the City of San Bernardino Internship Program that provides eligible California
State University - San Bernardino students the opportunity to work in various departments
within the City organization. The program allows students to link theory with practice, and gain
real world experience in the public sector.
• The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.
• The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides people who are
at imminent risk of becoming homeless with problem solving support to retain current housing
or to locate another housing placement.
The City will also continue to use General Funds to support its Quality of Life Team, a public and private
sector partnership tasked with addressing potential public health hazards within the community,
including connecting homeless individuals who live in encampments with necessary support services.
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Actions planned to develop institutional structure
During the next year, the San Bernardino Economic & Housing Development Department will continue
consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB National CORE,
County of San Bernardino Community Development and Housing Agency, etc.) involved with the
delivery of housing and social services to low- and moderate-income San Bernardino residents.
Actions planned to enhance coordination between public and private housing and social
service agencies
During the next year, the San Bernardino Economic & Housing Development Department will continue
consulting with a wide variety of agencies and organizations such as HACSB, County Workforce
Development, County Department of Behavioral Health and County Office on Aging and Adult Services (
involved with the delivery of housing, supportive services and economic development to low- and
moderate- income San Bernardino residents. Workforce Development, for example, provides job
placement services for person in the County and also provides up to three months of paid on the job
training and any equipment that an employee may require to carry their new job. In the realm of
economic development, the City recently established a partnership with the Mexican Consulate’s
“Emprendedores” program. The program partners with the Small Business Administration and the City’s
Micro Enterprise program to provide Spanish language training for persons interested in launching a
small business or expanding an existing small business. Through the City’s partnership with the
“Emprendedores” program, the City will cross promote the services available through Workforce
Development.
Discussion:
The implementation of the FY 2018-2019 Action Plan will invest federal resources to address obstacles
to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint
hazards, reduce the number of families living in poverty, develop institutional structure, and enhance
coordination between public and private housing and social service agencies.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2018-2019 Action Plan, the City of San
Bernardino will follow all HUD regulations concerning the use of program income, forms of investment,
overall low-and moderate-income benefit for the CDBG program and recapture requirements for the
HOME program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 40,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the year
to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has
not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 40,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income. Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 80.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
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as follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
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2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers
the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance,
the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of
Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME
Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds
are the sales price paid to Buyer minus repayment of loans that are superior in priority to this
Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs.
(b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least
two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the
amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of
Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of
Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only
full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or
transfers the Eligible Property during the third year, before the completion of the full third year of a
ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be
recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of
the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net
Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.
The City requires that its CHDO/subrecipients, who carry out HOME funded ownership
programs, utilize the noted recapture provisions, which are part of the affordability covenant
executed by the homeowner and recorded against the property.
In its homeownership and single family rehabilitation programs the City utilizes the
homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired
with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Period of Affordability The words “Period of Affordability” mean and refer to a number of years
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measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as
follows:
Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain
affordable for the period noted based on the amount of HOME subsidy. The City requires that its
CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture
provisions, which are part of the affordability covenant executed by the homeowner and recorded
against the property.
In its homeownership and single family rehabilitation programs the City utilizes the
homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is
rehabilitated with HOME funds along with a description of the refinancing guidelines required that
will be used under 24 CFR 92.206(b), are as follows:
The City will not be undertaking any refinancing of existing debt secured by multifamily housing that
is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units
rehabilitated with HOME funds.
With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR
92.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253
with regard to tenant protections and selection and other HOME regulatory requirements that
ensure beneficiaries are not precluded from participating in HOME funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for
funding under the HOME program. Solicitations for applications are conducted as funds are
available for various programs and/or when contracts and renewal periods with applicants expire
and new NOFAs and RPS are released.
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Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment)
See Attachment under Admin (AD-26).
2. If the Continuum of Care has established centralized or coordinated assessment system that
meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral
Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by
the United Way of San Bernardino County and provides free and confidential information and
referral service to persons in need of help connecting with various free or low cost health and
human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San
Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available
to assist English and/or Spanish speaking callers. However, if another language is need, 211 San
Bernardino County, utilizes a translation line that can assist in disseminating information in over 150
languages. 211 San Bernardino County is also available by going to http://211sb.org
Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate,
to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless
people in the area covered by the Continuum of Care or area over which the services are
coordinated to provide a strategic, community-wide system to prevent and end homelessness.
3. Identify the process for making sub-awards and describe how the ESG allocation available to
private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure for services that will meet the goals and
objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year
Plan to End Homelessness.
The application review process has three phases. In the first phase, all applications are reviewed by
the Economic & Housing Development Department staff for completeness and eligibility under the
Federal program guidelines. Eligible programs and projects are then reviewed according to their
contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year
Plan to End Homelessness. Preference is given if a program has the ability to help the City meet
federal program objectives and local priorities. Organizational capacity, experience, and past
performance are also considered.
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Based on this review, Economic & Housing Development Department staff prepares general funding
recommendations. Lastly, a public hearing before City Council will be held to consider the 2018-
2019 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the
CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards
the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for
approval.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR
576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with
homeless or formerly homeless individuals in considering policies and funding decisions
regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on
Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless
Partnership. The ICH serves as the policy making body of the Partnership and oversees the
implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will
focus on resource development to insure the funding of homeless projects and 10-Year Strategy
recommendations. In addition, ICH serves as the HUD-designated primary decision-making group
and oversight board of the City of San Bernardino & County (hereinafter referred to as the
“geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter
referred to as the “CoC”). There are currently former homeless individuals that participate in the
policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the
City.
The ICH is charged with directing, coordinating and evaluating all of the activities related to
implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to
report progress on the implementation of the 10-Year Strategy to their colleagues and constituents
following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless
providers and stakeholders throughout San Bernardino County in order to carry out implementation
activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy
recommendations.
As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the
responsibilities assigned to it by the United States Department of Housing and Urban Development
(HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and
operation of a Homeless Management Information System (HMIS). Designate a single HMIS for the
geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known
as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and
Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in
compliance with all requirements prescribed by HUD. c. The development of a CoC plan that
includes outreach, engagement, assessment, annual gap analysis of the homeless needs and
services available, prevention strategies, shelter and housing supportive services, and HUD CoC
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annual and biennial requirements; 2. To represent the relevant organizations and projects serving
homeless subpopulations; 3. To support homeless persons in their movement from homelessness to
economic stability and affordable permanent housing within a supportive community; 4. To be
inclusive of all the needs of all of geographic area’s homeless population, including the special
service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and
concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual
CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish
performance targets appropriate for population and program type, monitor recipient and sub-
recipient performance, evaluate outcomes, and take action against poor performers; and 7. To
evaluate outcomes of projects funded under the County of San Bernardino CoC program including
the ESG.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to
successfully develop, design, implement, and monitor the ESG-funded activities.
ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and
City of San Bernardino requirements relative to the ESG program, specifically those concerning
equal opportunity and fair housing, affirmative marketing, environmental review, displacement,
relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and
flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to
determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount
and types of assistance the individual or family needs to regain stability in permanent housing.
Housing Trust Fund (HTF)
Reference 24 CFR 91.220(l)(5)
1. Distribution of Funds
a. Describe the eligibility requirements for recipients of HTF funds (as defined in 24 CFR § 93.2).
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b. Describe the jurisdiction’s application requirements for eligible recipients to apply for HTF funds.
c. Describe the selection criteria that the jurisdiction will use to select applications submitted by eligible
recipients.
d. Describe the jurisdiction’s required priority for funding based on geographic distribution, which is a
description of the geographic areas of the State (including areas of low-income and minority
concentration) in which it will direct assistance during the ensuing program year.
e. Describe the jurisdiction’s required priority for funding based on the applicant's ability to obligate HTF
funds and undertake eligible activities in a timely manner.
f. Describe the jurisdiction’s required priority for funding based on the extent to which rents for units in
the rental project are affordable to extremely low-income families.
g. Describe the jurisdiction’s required priority for funding based on the financial feasibility of the project
beyond the required 30-year period.
<TYPE=[text] REPORT_GUID=[BF7C87974C6C0E412C49F996E29F6595]
PLAN_SECTION_ID=[2480701070]>
h. Describe the jurisdiction’s required priority for funding based on the merits of the application in
meeting the priority housing needs of the jurisdiction (such as housing that is accessible to transit or
employment centers, housing that includes green building and sustainable development features, or
housing that serves special needs populations).
i. Describe the jurisdiction’s required priority for funding based on the location of existing affordable
housing.
j. Describe the jurisdiction’s required priority for funding based on the extent to which the application
makes use of non-federal funding sources.
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2018
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2. Does the jurisdiction’s application require the applicant to include a description of the eligible
activities to be conducted with HTF funds?
3. Does the jurisdiction’s application require that each eligible recipient certify that housing units assisted
with HTF funds will comply with HTF requirements?
4. Performance Goals and Benchmarks. The jurisdiction has met the requirement to provide for
performance goals, consistent with the jurisdiction’s goals established under 24 CFR 91.215(b)(2), by
including HTF in its housing goals in the housing table on the SP-45 Goals and AP-20 Annual Goals and
Objectives screens.
5. Rehabilitation Standards. The jurisdiction must establish rehabilitation standards for all HTF-assisted
housing rehabilitation activities that set forth the requirements that the housing must meet upon project
completion. The jurisdiction’s description of its standards must be in sufficient detail to determine the
required rehabilitation work including methods and materials. The standards may refer to applicable
codes or they may establish requirements that exceed the minimum requirements of the codes. The
jurisdiction must attach its rehabilitation standards below. If the jurisdiction will not use HTF funds for
the rehabilitation of housing, enter “N/A”.
In addition, the rehabilitation standards must address each of the following: health and safety; major
systems; lead-based paint; accessibility; disaster mitigation (where relevant); state and local codes,
ordinances, and zoning requirements; Uniform Physical Condition Standards; and Capital Needs
Assessments (if applicable).
6. Resale or Recapture Guidelines. Below, the jurisdiction must enter (or attach) a description of the
guidelines that will be used for resale or recapture of HTF funds when used to assist first-time
homebuyers. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”.
7. HTF Affordable Homeownership Limits. If the jurisdiction intends to use HTF funds for homebuyer
assistance and does not use the HTF affordable homeownership limits for the area provided by HUD, it
must determine 95 percent of the median area purchase price and set forth the information in
accordance with §93.305. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter
“N/A”.
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2018
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8. Limited Beneficiaries or Preferences. Describe how the jurisdiction will limit the beneficiaries or give
preferences to a particular segment of the extremely low- or very low-income population to serve
unmet needs identified in its consolidated plan or annual action plan. If the jurisdiction will not limit the
beneficiaries or give preferences to a particular segment of the extremely low- or very low-income
population, enter “N/A.”
Any limitation or preference must not violate nondiscrimination requirements in § 93.350, and the
jurisdiction must not limit or give preferences to students. The jurisdiction may permit rental housing
owners to limit tenants or give a preference in accordance with § 93.303 only if such limitation or
preference is described in the action plan.
9. Refinancing of Existing Debt. Enter or attach the jurisdiction’s refinancing guidelines below. The
guidelines describe the conditions under which the jurisdiction will refinance existing rental housing
project debt. The jurisdiction’s refinancing guidelines must, at minimum, demonstrate that
rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a
minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. If
the jurisdiction will not refinance existing debt, enter “N/A.”
Discussion:
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2018
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EXHIBIT B
DRAFT AMENDED FISCAL YEAR 2018-2019 ACTION PLAN ACTIVITY RECOMMENDATIONS
Activity CDBG
Approved
CDBG
Amended
ESG
Approved
ESG
Amended
HOME
Approved
2018 Grant Fund Allocation1 3,376,861$ 2,852,827$ 275,207$ 275,207$ 1,385,676$
Funds from Prior Years 485,000$ 982,557$ 95,536$ 50,390$ 20,000$
Reprogram Owner Occupied Residential Rehab FY 17/18 150,000$ 150,000$
Reprogram Owner Occupied Residential Rehab FY 16/172 280,000$ 280,000$
Newmark Park Light Installation FY 16/17 300,000$ 300,000$
CDBG Program Income 40,000$ 40,000$
FY '18-'19 Available 4,631,861$ 4,605,384$ 370,743$ 325,597$ 1,405,676$
Administration (maximum available)675,372$ 570,566$ 20,641$ 138,568$
Section 108 Repayment 736,868$ 736,868$
Micro-enterprise 32,950$ 32,950$
Fair Housing (IFHMB)66,000$ 66,000$
SF Owner Occupied Rehabilitation 250,000$ 500,000$
Demolition3 100,000$
Public Facilities Projects
Pool Plaster Phase II 714,000$ 714,000$
Park Splash Pads Water Conservation4 350,000$ 350,000$
Feldheym Library HVAC Replacement5 450,000$ 450,000$
Jack Reilly Park 175,000$ 207,500$
Gutierrez Field 132,000$ 164,500$
Delmann Heights Park 108,000$ 140,500$
Encanto Park 130,000$ 162,500$
La Plaza Park 130,000$ 162,500$
Colony Park 165,000$ 197,500$
Infill Housing Street and Sidewalk Improvement Project -$ 150,000$
Public Facilities Projects Total 2,354,000$ 2,699,000$
Down Payment Assistance
Infill Housing 650,000$
Lutheran Social Services 115,000$ 115,000$
Community Action Partnership 66,000$ 71,500$
Time for Change 75,000$ 75,000$
Family Services Association 57,581$ 64,097$
Unprogrammed 416,671$ -$ 36,521$ -$
Total Requested 4,631,861$ 4,605,384$ 370,743$ 325,597$ 788,568$
Balance Remaining -$ -$ 617,108$
1 2018-19 allocation reduced by $524,034 because in prior years the City did not meet its timely expenditure requirement
for CDBG funds by not spending down its funds in a timely manner.
2 $90,000 Owner Occupied Rehab is carryover from '16-17 admin costs; $80,000 for loans for total available of $420,000.
3 Demolition did not spend $122,155 of its $250,000 budget in FY 16-17, and $244,056 of its $250,000 budget in FY 17-18;
in part, lack of performance in this program prompted HUD to reduce the City's CDBG allocation in 2018.
4 Shirrells, Lytle Creek and Wildood Parks: Total project = $750,000 ($400,000 carryover from '16-17); $350,000 from '18-19.
5 Feldheym Library HVAC Replacement: Total cost is $750,000 ($300,000 carryover from '17-18); $450,000 from '18-19.
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Public Hearing
City of San Bernardino
Request for Council Action
Date: December 5, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
Subject: Read By Title Only, Waive Further Reading, and Introduce
Ordinance No. MC-1510 Amending Chapter 2.03 of Title 2 of
the Municipal Code, Establishing Procedures for Filling Mayor
Vacancies
Recommendation
Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1510
Amending Chapter 2.03 of Title 2 of the San Bernardino Municipal Code, Establishing
Procedures for Filling Mayor Vacancies.
Background
San Bernardino City Charter, Section 307(b) states, “The method of filling [Council or
Mayor] vacancies shall be as prescribed by ordinance.”
On October 17, 2018, the City Council considered various options to address the filling
of vacancies. The City Council directed staff to bring back an ordinance consistent with
the former City Charter. Article II, Sections 14-A and Article IV, Section 51 of the former
City Charter, which was adopted by voters on November 2, 2004, provided the
procedures for the filling of vacancies on the City Council and in the office of Mayor.
Section 14-A provided that City Council vacancies must be filled by election, on a date
to be determined by the Mayor and City Council and in a manner provided by general
law. Section 51 provided that a vacancy of the Mayor’s office would be filled through
appointment by a majority vote of the City Council.
On November 7, 2018, the Ordinance No. MC-1509, which outlined procedures for
filling vacancies consistent with the former Charter, was introduced. On November 21,
2018, the City Council adopted Ordinance No. MC-1509 to ensure procedures for filling
City Council vacancies are in place as soon as possible following the certification of the
November 2018 election. At that time, the City Council directed staff to prepare an
amendment to Chapter 2.03 to allow for a vacancy in the Office of the Mayor to also be
filled by election.
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Packet Pg. 734 Attachment: CM.Mayor Vacancies-c2 Staff Report - (5854 : Establishing Procedures for Filling Mayoral Vacancies)
Discussion
The proposed ordinance amends Chapter 2.03, Title 2 of the Municipal Code, by
amending the second paragraph of Section 2.03.010 pertaining to vacancies in the
office of the Mayor, as follows:
“A vacancy in the office of Mayor, from whatever cause arising, shall be filled for
the unexpired term thereof through the election of a successor Mayor by the qualified
electors of the City. Such successor Mayor must be eligible to hold the office in
accordance with Section 301 of the City Charter. The election shall be held at the time
established by the Mayor and City Council and shall be conducted in the manner
provided for by general law; provided that, the Mayor and City Council shall have the
power by ordinance to provide for the manner of holding such election and such
ordinance shall prevail over the general law. The successor elected shall hold the office
for the unexpired term. Prior to filling the vacancy of the office of Mayor, and in the
process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to
exercise any veto or vetoes.”
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).
Fiscal Impact
There is no direct financial impact related to this discussion.
Conclusion
Staff recommends that the City Council Read By Title Only, Waive Further Reading,
and Introduce Ordinance No. MC-1510 Establishing Procedures for Filling Mayor
Vacancies.
Attachments
Ordinance No. MC-1510
Ward: All
11/21/18 – Ordinance No. MC-1509 adopted for final reading, staff directed to amend Chapter
2.03 pertaining to Mayoral vacancies.
11/7/18 - Ordinance No. MC-1509 establishing procedures for filling City and Mayoral Vacancies
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
ordinance. On October 17, 2018, the City Council considered a variety of options and directed
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Packet Pg. 735 Attachment: CM.Mayor Vacancies-c2 Staff Report - (5854 : Establishing Procedures for Filling Mayoral Vacancies)
Ordinance No. MC-1510
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 2.03 OF TITLE 2 OF THE SAN
BERNARDINO MUNICIPAL CODE, ESTABLISHING
PROCEDURES FOR FILLING MAYOR VACANCIES
WHEREAS, from time to time, it is possible that vacancies will be created in the office
of Mayor; and
WHEREAS, the City Council recently adopted an ordinance to address vacancies in the
City Council offices and the office of Mayor; and
WHEREAS, the Council now desires to reconsider the process to fill a vacancy in the
office of the Mayor so it is the same process for filling Council vacancies; and
WHEREAS, it is not in the best interests of the City and the residents of the City to leave
the office of Mayor vacant for an extended period of time; and
WHEREAS, Section 307 of the new City Charter adopted by voters on November 8,
2016 states that the method of filling vacancies for the seat of the Mayor shall be as prescribed
by ordinance.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The second paragraph of Section 2.03.010 of the City of San Bernardino
Municipal Code is hereby deleted and replaced with the following:
“A vacancy in the office of Mayor, from whatever cause arising, shall be filled for the
unexpired term thereof through the election of a successor Mayor by the qualified electors of the
City. Such successor Mayor must be eligible to hold the office in accordance with Section 301 of
the City Charter. The election shall be held at the time established by the Mayor and City
Council and shall be conducted in the manner provided for by general law; provided that, the
Mayor and City Council shall have the power by ordinance to provide for the manner of holding
such election and such ordinance shall prevail over the general law. The successor elected shall
hold the office for the unexpired term. Prior to filling the vacancy of the office of Mayor, and in
the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to
exercise any veto or vetoes.”
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
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.
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Ordinance No. MC-1510
SECTION 4. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 737 Attachment: CM.Mayor Vacancy Ordinance-c2 (5854 : Establishing Procedures for Filling Mayoral Vacancies)
Ordinance No. MC-1510
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1510, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 5th day of December 2018. Ordinance No. MC-1510
was approved, passed and adopted at a regular meeting held the 19th day of December, 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
3
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Packet Pg. 738 Attachment: CM.Mayor Vacancy Ordinance-c2 (5854 : Establishing Procedures for Filling Mayoral Vacancies)