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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) 4.a Packet Pg. 10 Attachment: FN APPROVAL OF PAYROLL.staff report (5837 : City Council Approval of Commercial and Payroll Checks) 4.a Packet Pg. 11 Attachment: FN APPROVAL OF PAYROLL.staff report (5837 : City Council Approval of Commercial and Payroll Checks) 4.b Packet Pg. 12 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 13 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 14 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 15 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 16 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 17 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 18 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 19 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 20 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 21 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 22 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 23 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 24 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 25 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 26 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 27 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 28 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 29 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 30 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 31 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 32 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 33 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 34 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 35 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 36 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 37 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.b Packet Pg. 38 Attachment: FN.Commercial Checks & Payroll. Register #27 (5837 : City Council Approval of Commercial 4.c Packet Pg. 39 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 40 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 41 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 42 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 43 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 44 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 45 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 46 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 47 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 48 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 49 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 50 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 51 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 52 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 53 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 54 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 55 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.c Packet Pg. 56 Attachment: FN.Commercial Checks & Payroll. Register #28 (5837 : City Council Approval of Commercial 4.d Packet Pg. 57 Attachment: FN.Commercial Checks & Payroll. Register #29 (5837 : City Council Approval of Commercial 4.d Packet Pg. 58 Attachment: FN.Commercial Checks & Payroll. Register #29 (5837 : City Council Approval of Commercial 4.e Packet Pg. 59 Attachment: FN.Payroll Summary Reports BW-22 (5837 : City Council Approval of Commercial and Payroll Checks) 5.a Packet Pg. 60 Attachment: PW.SB COUNTY AGREEMENT FOR CANEJO STORM DRAIN-STAFF REPORT (5839 : Cooperative Agreement with County of San 5.a 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 5.c 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 5.c Packet Pg. 66 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 67 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 68 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 69 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 70 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 71 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 5.c Packet Pg. 72 Attachment: PW.SB County Agreement for Canejo Storm Drain .02-Attachment 2-Cooperative Agreemnent with SB County (5839 : Cooperative 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 : 6.a Packet Pg. 74 Attachment: PW.STATE STREET AGREEMENT W ERSC STATE STREET PHASE 1.REPORTpdf (5840 : Agreement with Engineering Resources 6.a Packet Pg. 75 Attachment: PW.STATE STREET AGREEMENT W ERSC STATE STREET PHASE 1.REPORTpdf (5840 : Agreement with Engineering Resources 6.a Packet Pg. 76 Attachment: PW.STATE STREET AGREEMENT W ERSC STATE STREET PHASE 1.REPORTpdf (5840 : Agreement with Engineering Resources 6.a Packet Pg. 77 Attachment: PW.STATE STREET AGREEMENT W ERSC STATE STREET PHASE 1.REPORTpdf (5840 : Agreement with Engineering Resources 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. 6.b Packet Pg. 78 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.01-Attachment 1.Resolution (5840 : Agreement with Engineering 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 6.b Packet Pg. 79 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.01-Attachment 1.Resolution (5840 : Agreement with Engineering 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 6.b Packet Pg. 80 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.01-Attachment 1.Resolution (5840 : Agreement with Engineering 6.c Packet Pg. 81 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 82 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 83 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 84 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 85 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 86 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 87 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. 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Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 94 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 95 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 96 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 97 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 98 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 99 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. 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Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 106 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 107 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 108 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 109 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 110 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 111 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 112 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 113 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 114 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 115 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 116 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 117 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 118 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 119 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 120 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 121 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 122 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. Agreement (5840 : Agreement with Engineering 6.c Packet Pg. 123 Attachment: PW.State Street Agreement w ERSC State Street Phase 1.02-Attachment 2. 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Agreement (5840 : Agreement with Engineering 6.d Packet Pg. 127 Attachment: PW.State Street Agreement w ERSC State Street Phase 1..03-Attachment 3- Location Map (5840 : Agreement with Engineering 7.a Packet Pg. 128 Attachment: PW.ERSC CONTRACT AWARD SIERRA WAY STORM DRAIN.REPORT (5841 : Agreement with Engineering Resources of Southern 7.a Packet Pg. 129 Attachment: PW.ERSC CONTRACT AWARD SIERRA WAY STORM DRAIN.REPORT (5841 : Agreement with Engineering Resources of Southern 7.a Packet Pg. 130 Attachment: PW.ERSC CONTRACT AWARD SIERRA WAY STORM DRAIN.REPORT (5841 : Agreement with Engineering Resources of Southern 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 7.b Packet Pg. 131 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.01-Attachment 1-Resolution (5841 : Agreement with Engineering Resources of Resolution No. 2018-311 Attest: __________________________________ Georgeann Hanna, CMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 7.b Packet Pg. 132 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.01-Attachment 1-Resolution (5841 : Agreement with Engineering Resources of 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 7.b Packet Pg. 133 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.01-Attachment 1-Resolution (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 134 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 135 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 136 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 137 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 138 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 139 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 140 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 141 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 142 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 143 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 144 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 145 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 146 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 147 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 148 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 149 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 150 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 151 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 152 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 153 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 154 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 155 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 156 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 157 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 158 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 159 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 160 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 161 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 162 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 163 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 164 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 165 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 166 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 167 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 168 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 169 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 170 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 171 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 172 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 173 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 174 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 175 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 176 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 177 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 178 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 179 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 180 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 181 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 182 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 183 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 184 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 185 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 186 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 187 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 188 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 189 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 190 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 191 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 192 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 193 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 194 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 195 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 196 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of 7.c Packet Pg. 197 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.02-Attachment 2- Agreement (5841 : Agreement with Engineering Resources of Location Map Attachment No. 3 7.d Packet Pg. 198 Attachment: PW.ERSC Contract Award Sierra Way Storm Drain.03-Attachment 3-Location Map (5841 : Agreement with Engineering Resources 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. 8.b 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 8.b 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 8.c 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 8.c 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 8.c 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 8.c 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 8.c 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 8.c Packet Pg. 209 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.03.ATTACHMENT 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 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 8.d Packet Pg. 210 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.04.ATTACHMENT 3 (5842 : 2019 Legislative and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8.d Packet Pg. 211 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.04.ATTACHMENT 3 (5842 : 2019 Legislative and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G 8.d Packet Pg. 212 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.04.ATTACHMENT 3 (5842 : 2019 Legislative and 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8.d Packet Pg. 213 Attachment: CM.2019 Legislative & Regulatory Platform Adoption + Legislative Update.04.ATTACHMENT 3 (5842 : 2019 Legislative and 9.a Packet Pg. 214 Attachment: PD IMPOSING LIENS TO RECOVER COSTS FOR CODE ENFORCEMENT-REPORT (5843 : Imposing Liens to Recover Costs for 9.a Packet Pg. 215 Attachment: PD IMPOSING LIENS TO RECOVER COSTS FOR CODE ENFORCEMENT-REPORT (5843 : Imposing Liens to Recover Costs for 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. 9.b Packet Pg. 216 Attachment: PD.Imposing Liens to Recover Costs for Code Enforcement-Resolution (5843 : Imposing Liens to Recover Costs for Code 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. 9.b Packet Pg. 217 Attachment: PD.Imposing Liens to Recover Costs for Code Enforcement-Resolution (5843 : Imposing Liens to Recover Costs for Code 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 9.b Packet Pg. 218 Attachment: PD.Imposing Liens to Recover Costs for Code Enforcement-Resolution (5843 : Imposing Liens to Recover Costs for Code 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 9.b Packet Pg. 219 Attachment: PD.Imposing Liens to Recover Costs for Code Enforcement-Resolution (5843 : Imposing Liens to Recover Costs for Code 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 9.c Packet Pg. 220 Attachment: PD.Imposing Liens to Recover Costs for Code Enforcement-Exhibit A (5843 : Imposing Liens 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 10.a Packet Pg. 221 Attachment: IT.authorization for hosted office purchase-Staff Report (5844 : Authorize the Purchase of Hosted Microsoft Exchange Email from 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 10.a Packet Pg. 222 Attachment: IT.authorization for hosted office purchase-Staff Report (5844 : Authorize the Purchase of Hosted Microsoft Exchange Email from 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 10.b 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 10.b Packet Pg. 224 Attachment: IT purchase of Microsoft-quote (5844 : Authorize the Purchase of Hosted Microsoft Exchange Email from Connections) 11.a Packet Pg. 225 Attachment: PW.TRUSTAR ENERGY LLC CONTRACT AWARD FUEL STATION UPGRADE.REPORT (5845 : Agreement with TruStar Energy LLC 11.a Packet Pg. 226 Attachment: PW.TRUSTAR ENERGY LLC CONTRACT AWARD FUEL STATION UPGRADE.REPORT (5845 : Agreement with TruStar Energy LLC 11.a Packet Pg. 227 Attachment: PW.TRUSTAR ENERGY LLC CONTRACT AWARD FUEL STATION UPGRADE.REPORT (5845 : Agreement with TruStar Energy LLC 11.a Packet Pg. 228 Attachment: PW.TRUSTAR ENERGY LLC CONTRACT AWARD FUEL STATION UPGRADE.REPORT (5845 : Agreement with TruStar Energy LLC 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 11.b Packet Pg. 229 Attachment: PW.TruStar Energy LLC Contract Award Fuel Station Upgrade.01-Attachment 1-Resolution (5845 : Agreement with TruStar Energy 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 11.b Packet Pg. 230 Attachment: PW.TruStar Energy LLC Contract Award Fuel Station Upgrade.01-Attachment 1-Resolution (5845 : Agreement with TruStar Energy 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 11.b Packet Pg. 231 Attachment: PW.TruStar Energy LLC 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Packet Pg. 400 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 401 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 402 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 403 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 404 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 405 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 406 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c Packet Pg. 407 Attachment: PW.TruStar Energy LLC Contract Award Fuel station Upgrade.02-Attachment 2-Agreement (5845 : Agreement with TruStar Energy 11.c 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] 11.d 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 11.d 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 11.e 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 14.d Packet Pg. 481 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 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 14.d Packet Pg. 482 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 14.d Packet Pg. 483 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. 484 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.d Packet Pg. 485 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.d Packet Pg. 486 Attachment: EHD.PSA 1256 Wall-Attachment 3 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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) 14.e Packet Pg. 487 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.e Packet Pg. 488 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 2 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) 14.e Packet Pg. 489 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.e Packet Pg. 490 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 4 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 14.e Packet Pg. 491 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 5 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. 14.e Packet Pg. 492 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 6 §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 14.e Packet Pg. 493 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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. 14.e Packet Pg. 494 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 8 (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 14.e Packet Pg. 495 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 9 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 14.e Packet Pg. 496 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 10 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. 14.e Packet Pg. 497 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 11 (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 14.e Packet Pg. 498 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 12 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). 14.e Packet Pg. 499 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 13 (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. 14.e Packet Pg. 500 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 14 (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 14.e Packet Pg. 501 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 15 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 14.e Packet Pg. 502 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 16 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 14.e Packet Pg. 503 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 17 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. 14.e Packet Pg. 504 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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. 14.e Packet Pg. 505 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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] 14.e Packet Pg. 506 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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: ______________________ 14.e 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: 14.e 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 14.e Packet Pg. 509 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.e Packet Pg. 510 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.e 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 14.e Packet Pg. 512 Attachment: EHD.PSA 1256 Wall-Attachment 4 (5848 : Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue) 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 14.e 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 15.a 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 15.a 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 15.a 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. 15.b 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 15.b 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 15.b Packet Pg. 519 Attachment: PW.Arrowhead - ORDINANCE - Attachment 1R (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San 15.c Packet Pg. 520 Attachment: PW.Arrowhead - Vicinity Map - Attachment 2 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San 15.d Packet Pg. 521 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 522 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 523 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 524 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 525 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 526 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 527 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d Packet Pg. 528 Attachment: PW.Arrowhead - E&TS - Attachment 3 (5849 : Final Reading and Adoption - Amendment of Chapter 10.52 of the San Bernardino 15.d 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 - 16.a Packet Pg. 531 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization) 16.a Packet Pg. 532 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization) 16.a Packet Pg. 533 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization) 16.a Packet Pg. 534 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization) 16.a Packet Pg. 535 Attachment: HR.PW REORGANIZATION.STAFF REPORT (5850 : Public Works Department Reorganization) 16.b Packet Pg. 536 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization) 16.b Packet Pg. 537 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization) 16.b Packet Pg. 538 Attachment: HR.PW REORGANIZATION.resolution (5850 : Public Works Department Reorganization) 16.b 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 Forestry Supervisor Page 1 16.d Packet Pg. 543 Attachment: HR.PW Reorganization.04.Forestry Supervisor.ESTABLISH.EXHIBIT B1 (5850 : Public Works Department Reorganization) 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. Forestry Supervisor Page 2 16.d Packet Pg. 544 Attachment: HR.PW Reorganization.04.Forestry Supervisor.ESTABLISH.EXHIBIT B1 (5850 : Public Works Department Reorganization) 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. Forestry Supervisor Page 3 16.d Packet Pg. 545 Attachment: HR.PW Reorganization.04.Forestry Supervisor.ESTABLISH.EXHIBIT B1 (5850 : Public Works Department Reorganization) 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. Forestry Supervisor Page 4 16.d Packet Pg. 546 Attachment: HR.PW Reorganization.04.Forestry Supervisor.ESTABLISH.EXHIBIT B1 (5850 : Public Works Department Reorganization) 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. Senior Arborist Page 1 16.e Packet Pg. 547 Attachment: HR.PW Reorganization.05.Senior Arborist.ESTABLISH.EXHIBIT B2 (5850 : Public Works Department Reorganization) 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. Senior Arborist Page 2 16.e Packet Pg. 548 Attachment: HR.PW Reorganization.05.Senior Arborist.ESTABLISH.EXHIBIT B2 (5850 : Public Works Department Reorganization) 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. Senior Arborist Page 3 16.e Packet Pg. 549 Attachment: HR.PW Reorganization.05.Senior Arborist.ESTABLISH.EXHIBIT B2 (5850 : Public Works Department Reorganization) 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. Senior Arborist Page 4 16.e Packet Pg. 550 Attachment: HR.PW Reorganization.05.Senior Arborist.ESTABLISH.EXHIBIT B2 (5850 : Public Works Department Reorganization) 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. Arborist Page 1 16.f Packet Pg. 551 Attachment: HR.PW Reorganization.06.Arborist.ESTABLISH.EXHIBIT B3 (5850 : Public Works Department Reorganization) 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 Arborist Page 2 16.f Packet Pg. 552 Attachment: HR.PW Reorganization.06.Arborist.ESTABLISH.EXHIBIT B3 (5850 : Public Works Department Reorganization) 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. Arborist Page 3 16.f Packet Pg. 553 Attachment: HR.PW Reorganization.06.Arborist.ESTABLISH.EXHIBIT B3 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B3 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. Arborist Page 4 16.f Packet Pg. 554 Attachment: HR.PW Reorganization.06.Arborist.ESTABLISH.EXHIBIT B3 (5850 : Public Works Department Reorganization) 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 Groundworker Arborist Page 1 16.g Packet Pg. 555 Attachment: HR.PW Reorganization.07.Groundworker Arborist.ESTABLISH.EXHIBIT B4 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B4 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. Groundworker Arborist Page 2 16.g Packet Pg. 556 Attachment: HR.PW Reorganization.07.Groundworker Arborist.ESTABLISH.EXHIBIT B4 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B4 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. Groundworker Arborist Page 3 16.g Packet Pg. 557 Attachment: HR.PW Reorganization.07.Groundworker Arborist.ESTABLISH.EXHIBIT B4 (5850 : Public Works Department Reorganization) 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 Parks and Landscape Maintenance Supervisor Page 1 16.h Packet Pg. 558 Attachment: HR.PW Reorganization.08.Parks and Landscape Maintenance Supervisor.ESTABLISH.EXHIBIT B5 (5850 : Public Works PROPOSED - EXHIBIT B5 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. Parks and Landscape Maintenance Supervisor Page 2 16.h Packet Pg. 559 Attachment: HR.PW Reorganization.08.Parks and Landscape Maintenance Supervisor.ESTABLISH.EXHIBIT B5 (5850 : Public Works PROPOSED - EXHIBIT B5 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 Parks and Landscape Maintenance Supervisor Page 3 16.h Packet Pg. 560 Attachment: HR.PW Reorganization.08.Parks and Landscape Maintenance Supervisor.ESTABLISH.EXHIBIT B5 (5850 : Public Works 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. Parks and Landscape Maintenance Supervisor Page 4 16.h Packet Pg. 561 Attachment: HR.PW Reorganization.08.Parks and Landscape Maintenance Supervisor.ESTABLISH.EXHIBIT B5 (5850 : Public Works 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. Real Property Manager Page 1 16.i Packet Pg. 562 Attachment: HR.PW Reorganization.09.Real Property Manager.ESTABLISH. EXHIBIT B6 (5850 : Public Works Department Reorganization) 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. Real Property Manager Page 2 16.i Packet Pg. 563 Attachment: HR.PW Reorganization.09.Real Property Manager.ESTABLISH. EXHIBIT B6 (5850 : Public Works Department Reorganization) 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. Real Property Manager Page 3 16.i Packet Pg. 564 Attachment: HR.PW Reorganization.09.Real Property Manager.ESTABLISH. EXHIBIT B6 (5850 : Public Works Department Reorganization) 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. Real Property Manager Page 4 16.i Packet Pg. 565 Attachment: HR.PW Reorganization.09.Real Property Manager.ESTABLISH. EXHIBIT B6 (5850 : Public Works Department Reorganization) 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 Data Analyst Page 1 16.j Packet Pg. 566 Attachment: HR.PW Reorganization.10.Data Analyst.ESTABLISH. EXHIBIT B7 (5850 : Public Works Department Reorganization) 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. Data Analyst Page 2 16.j Packet Pg. 567 Attachment: HR.PW Reorganization.10.Data Analyst.ESTABLISH. EXHIBIT B7 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B7 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. Data Analyst Page 3 16.j Packet Pg. 568 Attachment: HR.PW Reorganization.10.Data Analyst.ESTABLISH. EXHIBIT B7 (5850 : Public Works Department Reorganization) 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; Director of Public Works (U) Page 1 16.k Packet Pg. 569 Attachment: HR.PW Reorganization.11.Director of Public Works.AMENDMENT. EXHIBIT B8 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B8 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. Director of Public Works (U) Page 2 16.k Packet Pg. 570 Attachment: HR.PW Reorganization.11.Director of Public Works.AMENDMENT. EXHIBIT B8 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B8 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 Director of Public Works (U) Page 3 16.k Packet Pg. 571 Attachment: HR.PW Reorganization.11.Director of Public Works.AMENDMENT. EXHIBIT B8 (5850 : Public Works Department Reorganization) PROPOSED - EXHIBIT B8 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. Director of Public Works (U) Page 4 16.k Packet Pg. 572 Attachment: HR.PW Reorganization.11.Director of Public Works.AMENDMENT. EXHIBIT B8 (5850 : Public Works Department Reorganization) 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. Street Signal and Lighting Supervisor Page 1 16.l Packet Pg. 573 Attachment: HR.PW Reorganization.12.Street Signal and Lighting Supervisor.20369.AMENDMENT.EXHIBIT B9 (5850 : Public Works Department 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. Street Signal and Lighting Supervisor Page 2 16.l Packet Pg. 574 Attachment: HR.PW Reorganization.12.Street Signal and Lighting Supervisor.20369.AMENDMENT.EXHIBIT B9 (5850 : Public Works Department PROPOSED - EXHIBIT B9 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. Street Signal and Lighting Supervisor Page 3 16.l Packet Pg. 575 Attachment: HR.PW Reorganization.12.Street Signal and Lighting Supervisor.20369.AMENDMENT.EXHIBIT B9 (5850 : Public Works Department PROPOSED - EXHIBIT B9 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, Street Signal and Lighting Supervisor Page 4 16.l Packet Pg. 576 Attachment: HR.PW Reorganization.12.Street Signal and Lighting Supervisor.20369.AMENDMENT.EXHIBIT B9 (5850 : Public Works Department PROPOSED - EXHIBIT B9 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. Street Signal and Lighting Supervisor Page 5 16.l Packet Pg. 577 Attachment: HR.PW Reorganization.12.Street Signal and Lighting Supervisor.20369.AMENDMENT.EXHIBIT B9 (5850 : Public Works Department 17.a Packet Pg. 578 Attachment: CM.VIP SUPPORTIVE SERVICES.01.STAFF REPORT (5851 : Violence Intervention Program (VIP) Update and Supportive Service 17.a Packet Pg. 579 Attachment: CM.VIP SUPPORTIVE SERVICES.01.STAFF REPORT (5851 : Violence Intervention Program (VIP) Update and Supportive Service 17.a 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. Annual Action Plan 2018 4 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 667 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 5 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 668 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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) Annual Action Plan 2018 6 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 669 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 7 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 670 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 671 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 9 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 672 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 10 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 673 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 11 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 674 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 12 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 675 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 13 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 676 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 14 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 677 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 15 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 678 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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) Annual Action Plan 2018 16 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 679 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 17 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 680 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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/ Annual Action Plan 2018 18 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 681 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 19 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 682 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 20 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 683 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 21 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 684 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 22 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 685 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 23 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 686 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 24 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 687 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 25 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 688 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial • 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. Annual Action Plan 2018 26 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 689 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 27 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 690 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 28 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 691 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 29 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 692 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 30 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 693 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 31 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 694 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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. Annual Action Plan 2018 32 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 695 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 33 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 696 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 34 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 697 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) AP-38 Project Summary Project Summary Information Annual Action Plan 2018 35 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 698 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial 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 Annual Action Plan 2018 36 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 699 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 37 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 700 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 38 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 701 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 39 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 702 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 40 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 703 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 41 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 704 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 42 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 705 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 43 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 706 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 44 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 707 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 45 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 708 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 46 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 709 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 47 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 710 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 48 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 711 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 49 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 712 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 50 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 713 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 51 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 714 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 52 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 715 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 53 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 716 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 54 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 717 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 55 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 718 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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) Annual Action Plan 2018 56 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 719 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 57 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 720 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 58 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 721 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 59 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 722 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. Annual Action Plan 2018 60 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 723 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 61 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 724 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 62 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 725 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 63 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 726 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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 Annual Action Plan 2018 64 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 727 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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). Annual Action Plan 2018 65 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 728 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. Annual Action Plan 2018 66 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 729 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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”. Annual Action Plan 2018 67 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 730 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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: Annual Action Plan 2018 68 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 731 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) Annual Action Plan 2018 69 OMB Control No: 2506-0117 (exp. 06/30/2018) 19.b Packet Pg. 732 Attachment: EHD.CDBG Draft Amended 2018-19 Action Plan.ATTACHMENT 1 (5853 : Substantial Amendment to FY 2018/19 Action Plan) 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. 19.c Packet Pg. 733 Attachment: EHD.CDBG Amended FY 18-19 Action Plan Activity Recomendations.ATTACHMENT 2 (5853 : Substantial Amendment to FY 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. 20.a 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 20.a 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. 1 20.b Packet Pg. 736 Attachment: CM.Mayor Vacancy Ordinance-c2 (5854 : Establishing Procedures for Filling Mayoral Vacancies) 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 2 20.b 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 20.b Packet Pg. 738 Attachment: CM.Mayor Vacancy Ordinance-c2 (5854 : Establishing Procedures for Filling Mayoral Vacancies)