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12-19-2018 Agenda Backup
CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, DECEMBER 19, 2018 5:00 PM – OPEN SESSION STURGES AUDITORIUM • 780 NORTH E STREET • SAN BERNARDINO, CA 92410 • 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 19, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/14/2018 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 INVOCATION AND PLEDGE OF ALLEGIANCE CANVASS OF ELECTION 1. Certification of Election Results Recommendation: Adopt Resolution No. 2018-330 of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the General Municipal Election held on November 6, 2018 declaring the result and such other matters as provided by law. 2. Installation of Mayor and New Council Members 3. Election of Mayor Pro Tempore Recommendation: Open nominations for a member of the City Council to serve as Mayor Pro Tempore until the second regularly scheduled City Council meeting in December 2019. PRESENTATIONS 4. 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 19, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/14/2018 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. 5. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated December 19, 2018. 6. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for November 2018. 7. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meetings of October 17, 2018 and November 21, 2018 and Special Meeting of November 15, 2018. 8. Agreement with Infrastructure Engineers for the Preparation of Plans, Specifications, and Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001) and Amendment of the FY 2018/19 Operating Budget Recommendation: Adopt Resolution No. 2018-315 of the Mayor and City Council of the City of San Bernardino, California, approving an Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers for preparation of Plans, Specifications & Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001) and amending the FY 2018/19 Adopted Budget. 9. Adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for “H” Street Widening from Kendall Drive to 40th Street Recommendation: Adopt Resolution No. 2018-316 of the Mayor and City Council of the City of San Bernardino, California, adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program (MMRP), and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for “H” Street Widening from Kendall Drive to 40th Street (SS04-052). Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/14/2018 10. Agreement with Overland Pacific Cutler, LLC to perform all Right-of-Way (R/W) functions that are necessary to obtain R/W Clearance from Caltrans for the 2nd Street Bridge Replacement at Warm Creek Recommendation: Adopt Resolution No. 2018-317 of the Mayor and City Council of the City of San Bernardino, California, approving an Agreement with Overland Pacific Cutler, LLC to perform all Right-of-Way (R/W) functions that are necessary to obtain R/W Clearance from Caltrans for the 2nd Street Bridge Replacement at Warm Creek (SS13-001). 11. Second Amendment of the Professional Services Agreement with the State of California, Office of Administrative Hearings for hearing officer services Recommendation: Authorize the City Manager to execute a Second Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings for hearing officer services, increasing the total amount of the agreement by $50,000, and authorizing the Director of Finance to increase the Purchase Order to a total not to exceed $245,710. 12. First Amendment to Legal Services Agreement with Jones & Mayer to provide Legal Services for Code Enforcement and Prosecution Services Recommendation: Authorize the City Manager to execute the First Amendment to the Legal Services Agreement between Jones & Mayer and the City of San Bernardino to provide legal services for Code Enforcement and Prosecution Services. 13. Amended and Restated Professional Services Agreement with Cole Huber, LLC to provide Legal Services Relating to Various Litigation Matters Recommendation: Authorize the City Manager to execute an Amended and Restated Professional Services Agreement between Cole Huber, LLC and the City of San Bernardino to provide legal services relating to a variety of litigation matters. Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/14/2018 14. Adopt a Resolution establishing all-way STOP Control at the Intersection of Northpark Boulevard and Ash Street Recommendation: Adopt Resolution No. 2018-318 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of Northpark Boulevard and Ash Street. 15. Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue Recommendation: Adopt Resolution No. 2018-319 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (SS19-001). 16. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to provide Construction Inspector Services Recommendation: Adopt Resolution No. 2018-320 of the Mayor and City Council of the City of San Bernardino, California, approving Agreements with Z&K Consultants, Inc. for $100,000 and Infrastructure Engineers for $100,000 to provide Public Works Construction Inspector Services. 17. Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman, Inc. for Signage Regulations Recommendation: Adopt Resolution No. 2018-321 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 2 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. to increase the compensation by $5,000 to an amount not to exceed $67,925 and extend the term to December 31, 2019 for the preparation of the Comprehensive Signage Regulations Update. Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/14/2018 18. Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 to Title 2 of the Municipal Code, Establishing Procedures for Filling Mayor Vacancies Recommendation: Adopt 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. 19. October 2018 City Board, Commission, and Citizen Advisory Committee Agendas and Minutes Recommendation: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings that took place in October 2018. 20. Property Exchange Agreement between the City and ACAA LP Recommendation: Adopt Resolution No. 2018-324 of the Mayor and City Council of the City of San Bernardino, California, approving the Real Property Exchange Agreement between the City and ACAA LP, and authorizing the City Manager to execute the agreement. 21. Finance Department Reorganization Recommendation: Adopt Resolution No. 2018-327 of the Mayor and City Council of the City of San Bernardino, California, reclassifying positions within the Finance Department; amending and approving classifications and job descriptions; amending the full-time salary schedule adopted by Resolution No. 2018-181; and amending the Fiscal Year 2018/19 Budget. 22. State Library Internet Grant Funding Appropriation Recommendation: Accept a $15,000 grant award from the California State Library (CSL) for monthly internet, firewall hardware purchase, and firewall set up and technical support and authorize the Director of Finance to amend the FY2018-19 Budget to appropriate the funding for this purpose. Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/14/2018 23. Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA) Recommendation: Adopt Resolution No. 2018-287 of the Mayor and City Council of the City of San Bernardino, California, adding a side letter agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino Police Officers Association (SBPOA) to include Article III – Compensation: Section 9 – Assistant Watch Commander. 24. Maddy Act (Local Appointments List) Recommendation: Adopt Resolution No. 2018-329 of the Mayor and City Council of the City of San Bernardino, California, approving the local appointments list and designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (the Maddy Act) and directing that the list be posted to the City’s Internet website. STAFF REPORTS 25. SB/Breezeway Arts Block - Creative Placemaking Grant Recommendation: 1. Review and discuss the Creative California Communities Grant Application for funding and authorize the City Manager to execute all required documentation on behalf of the City in support of the application being filed by University Enterprise Corporation representing the SB/Breezeway Arts Block collaborative. 2. Authorize the Director of Finance to amend the FY 2018/19 Operating Budget by an amount not to exceed $45,000 in the Cultural Development Construction Fee Fund and authorize the use of existing resources in an amount not to exceed $30,000 as an in-kind match. 26. Special Municipal Election 2019 Recommendation: This report is for information purposes only. No action is required. Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/14/2018 PUBLIC HEARING 27. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse Recommendation: Adopt Resolution No. 2018-261 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-P 18-01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and finding the project subject to a Categorical Exempt under the California Environmental Quality Act. 28. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, January 2, 2019 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, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the December 19, 2018 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located in the breezeway of City Hall, 300 North “D” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, December 14, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, MMC, City Clerk Joint Regular Meeting Agenda December 19, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/14/2018 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 limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 1.a Packet Pg. 10 Attachment: CC.Certification of election 2018_staff report (5858 : Certification of Election Results) According to the Statement of Votes cast report provided by the Registrar of Voters, San Bernardino had 91,373 registered voters. Of that number, 40,344, or 44.15%, voted in the General Municipal Election. Attached are a resolution accepting the City Clerk’s certification of the election and an attachment with the Statement of Votes cast for each of these races. 2018-19 Goals and Objectives Certifying the results of the election aligns with Goal No. 1: Implement the City Vision. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-330 of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the General Municipal Election held on November 6, 2018 declaring the result and such other matters as provided by law. Attachments Attachment 1 Resolution; Exhibit A- Statement of Votes Cast Ward: ALL WARDS Synopsis of Previous Council Actions: On June 20, 2018, the Mayor and City Council adopted Resolution No. 2018-187, calling and giving notice of a General Municipal Run-off Election to be held on Tuesday, November 6, 2018, requesting the Board of Supervisors of the County of San Bernardino to consolidate said Election with the November 6, 2018 Statewide General Election and permit the San Bernardino County Registrar of Voters to render election services to the City of San Bernardino for said election, and authorizing the City Manager to pay the invoice for the costs of the election. 12/13/2018 2:32 PM 1.a Packet Pg. 11 Attachment: CC.Certification of election 2018_staff report (5858 : Certification of Election Results) Resolution No. 2018-330 RESOLUTION NO. 2018-330 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of San Bernardino, California, on the Tuesday, November 6, 2018, as required by law; WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for the holding of elections; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as “Exhibit "A." BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City of San Bernardino was 40,344. SECTION 2. That the names of persons and the offices for which they were voted are as follows: For the Office of Mayor (Four Year Term) Votes R. Carey Davis 17,327 John Valdivia 19,155 For the Office of Member of the City Council Votes Ward 1 (Four Year Term) Theodore “Ted” Sanchez 1,633 Gil Botello 1,244 For the Office of Member of the City Council Votes Ward 2 (Four Year Term) Cecilia Miranda-Dolan 1,446 Sandra Ibarra 2,371 1.b Packet Pg. 12 Attachment: CC.Certification of election 2018_Resolution (5858 : Certification of Election Results) Resolution No. 2018-330 For the Office of Member of the City Council Votes Ward 4 (Four Year Term) Fred Shorett 3,709 Alexandra “Alex” Beltran 3,701 That the measures voted upon at the election are as follows: MEASURE W Shall an ordinance imposing a Cannabis Business Tax of up to $10.00 per square foot for cultivators and up to 6% of gross receipts on other businesses operating in the City of San Bernardino, estimated to initially raise between $810,000 to $2,475,000 annually, with funds staying local for unrestricted general revenue purposes, including but not limited to, police services, street repairs, parks and library services until ended by voters be adopted? Votes YES: 23,931 NO: 13,002 MEASURE X Shall an ordinance amending and reenacting Chapter 5.10 of the San Bernardino Municipal Code, to regulate commercial cannabis businesses, be adopted? Votes YES: 21,837 NO: 14,361 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measures were as listed in Exhibit “A” attached. SECTION 4. The City Council does declare and determine that John Valdivia was elected as Mayor for the full term of four years, that Theodore Sanchez was elected as Member of the City Council, Ward 1, for the full term of four years, that Sandra Ibarra was elected as Member of the City Council, Ward 2, for the full term of four years, that Fred Shorett was elected as Member of the City Council, Ward 4, for the full term of four years, that as a result of the election, a majority of the voters voting on Measure W and Measure X above did vote in favor of it, and that the measures were carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The measures voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the 1.b Packet Pg. 13 Attachment: CC.Certification of election 2018_Resolution (5858 : Certification of Election Results) Resolution No. 2018-330 City Clerk shall also administer to each person elected the Oath of Office prescribe dint eh Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of December 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 1.b Packet Pg. 14 Attachment: CC.Certification of election 2018_Resolution (5858 : Certification of Election Results) Resolution No. 2018-330 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. 2018-330, adopted at a regular meeting held at the 19th day of December 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 19th day of December 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 1.b Packet Pg. 15 Attachment: CC.Certification of election 2018_Resolution (5858 : Certification of Election Results) 1.c Packet Pg. 16 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 17 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 18 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 19 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 20 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 21 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 22 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 23 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 24 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 25 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 26 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 27 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 28 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 29 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 30 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 31 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 32 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 33 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 34 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 35 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 36 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 1.c Packet Pg. 37 Attachment: CC.Certification of election 2018_Resolution.Exhibit.SummaryReportoftheFinalCertifiedElectionResults (5858 : Certification of 3.a Packet Pg. 38 Attachment: CM ELECTION OF MAYOR PRO TEMP.sr (5860 : Election of Mayor Pro Tempore) 3.a Packet Pg. 39 Attachment: CM ELECTION OF MAYOR PRO TEMP.sr (5860 : Election of Mayor Pro Tempore) Consent Calendar City of San Bernardino Request for Council Action \ Date: December 19, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated December 19, 2018. 5.a Packet Pg. 40 Attachment: Waive Reading.Report_December 19 (5862 : Waive Full Reading of Resolutions and Ordinances) 6.a Packet Pg. 41 Attachment: FN.Commercial Checks Payroll Report Dec 19, 2018 (5863 : City Council Approval of Commercial and Payroll Checks) 2018-2019 Goals and Objectives Approval of the noted check registers for commercial and payroll checks align with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and City Council’s approval of the City’s weekly remittances to third parties promotes transparency of City business with the public. Fiscal Impact Amounts noted in the check registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council approve the attached check registers. Attachments Attachment 1 Commercial checks for Register #30 Attachment 2 Payroll checks for November 29, 2018 Ward: Synopsis of Previous Council Actions: 6.a Packet Pg. 42 Attachment: FN.Commercial Checks Payroll Report Dec 19, 2018 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 43Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 44Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 45Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 46Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 47Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 48Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 49Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 50Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 51Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 52Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 53Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 54Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 55Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 56Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 57Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 58Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 59Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 60Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 61Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 62Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 63Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 64Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 65Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 66Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 67Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 68Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 69Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 70Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 71Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 72Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 73Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 74Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 75Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 76Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 77Attachment: FN.Commercial Checks & Payroll. Register #30 (5863 : City Council Approval of Commercial and Payroll Checks) 6.c Packet Pg. 78 Attachment: FN.Payroll Summary Reports BW-23 (5863 : City Council Approval of Commercial and Payroll Checks) Consent Calendar City of San Bernardino Request for Council Action \ Date: December 19, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, MMC, City Clerk Subject: City Council Approval of Draft Minutes Recommendation Approve the minutes of the Mayor and City Council Regular Meetings of October 17, 2018 and November 21, 2018 and Special Meeting of November 15, 2018. 7.a Packet Pg. 79 Attachment: Minutes_December 19 (5864 : City Council Approval of Draft Minutes) City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 12/7/2018 MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, OCTOBER 17, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:02 PM, Wednesday, October 17, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Present 4:06 PM Fred Shorett Council Member, Ward 4 Present 4:05 PM Henry Nickel Council Member, Ward 5 Present 4:03 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.b Packet Pg. 80 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/7/2018 Closed Session The Council immediately went into closed session to consider the following issues: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): • In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk- 28006 MJ • Andrew Strebel v. City of San Bernardino, WCAB Claim No. CSBY-8882 • Robert Evans v. City of San Bernardino, WCAB Claim No. CSBY-9855 • David Pel v. City of San Bernardino, WCAB Claim No. CSBY-1027 • William Beaumont v. City of San Bernardino, WCAB Case Nos. ADJ733149; ADJ8113482; and ADJ10282129 • Arnold Mathias v. City of San Bernardino, WCAB Case Nos. ADJ11173952 and ADJ10646820 • Isaac Horn v. City of San Bernardino, WCAB Case No. ADJ10128925 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): • One Item INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Allen Savory of Sixteenth Street Seventh Day Adventist Church. The Pledge was led by Councilmember Jim Mulvihill. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho reported that all items listed under “existing litigation” (Pursuant to Government Code Section 54956.9(a) and (d)(1)) were approved for settlement by unanimous vote: • Andrew Strebel v. City of San Bernardino, WCAB Claim No. CSBY-8882 • Robert Evans v. City of San Bernardino, WCAB Claim No. CSBY-9855 • David Pel v. City of San Bernardino, WCAB Claim No. CSBY-1027 • William Beaumont v. City of San Bernardino, WCAB Case Nos. ADJ733149; ADJ8113482; and ADJ10282129 • Arnold Mathias v. City of San Bernardino, WCAB Case Nos. ADJ11173952 and ADJ10646820 • Isaac Horn v. City of San Bernardino, WCAB Case No. ADJ10128925 She also reported that the one item listed under “Anticipated litigation” ((Pursuant to Government Code Section 54956.9(d)(4)) garnered unanimous support from the council. 7.b Packet Pg. 81 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/7/2018 APPOINTMENTS 1. Personnel Commission Appointment APPROVED MOTION: Approve the appointment of Ms. Rosina L. Motta to the Personnel Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 2. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Dr. Milton Clark to the Library Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Mr. Thomas G. Rennard to the Library Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 82 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/7/2018 Presentations 4A. Proclamation in Honor of the San Bernardino Symphony’s 90th Anniversary Symphony Executive Director Anne Viricel and Board President, Dean McVay, accepted the proclamation. The symphony also received recognition from Senator Mike Morell’s office. 4B. Youth Recognition – Tais Peralta, Middle College High School – Council Member Valdivia Councilmember Valdivia honored high school senior Tais Peralta for academic achievement. He also received recognition from Senator Mike Morell’s office. 5. Citizen of the Month -Valerie Uribe - Council Member Benito J. Barrios Councilmember Barrios Valdivia honored Ms. Uribe as Citizen of the Month. 6. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens announced the chamber of commerce’s upcoming events, and thanked the Mayor for being a judge at the recent Police Foundation fundraising barbeque. Public Comments for Items Listed and Not Listed on the Agenda Scott Olson, San Bernardino, spoke about various campaigns he has worked on and problems he sees with the current Mayor. Bobby Moore, San Bernardino spoke about Perris Hill Park and homeless issues. He said the situation is disgusting and asked for help. Jackie Williams, San Bernardino, spoke about a neighbor who bought a house and immediately sold it because they could not handle the homeless situation at Perris Hill Park. Paul Sanborn, San Bernardino, said there was no civility or ethics in town and recommended a vote for Valdivia. He also stated his preference for the Water Board race. Robert Porter, San Bernardino, discussed Native American Day at California State University San Bernardino and his “I Love San Bernardino” Facebook page. Luis Ojeda invited the community to join the “We Are the Change” group on Sundays for their weekly clean-up around the city. Alice Chow spoke about the Animal Care Foundation and about problems the group is having with San Bernardino Animal Shelter operations. Bertie Vanettes, San Bernardino, spoke about the Animal Shelter. Claudia Wiggins, San Bernardino, thanks the mayor, council, and police for improvements at the H Street Clinic since her last visit to the Mayor and City Council meeting. Debbie Kauffman, San Bernardino, spoke In support of keeping the Animal Shelter in the city. 7.b Packet Pg. 83 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/7/2018 Jim Smith, San Bernardino, spoke about living in San Bernardino since 1950 and read a San Bernardino Sun editorial endorsing Mayor Davis. Captain Mike, San Bernardino, spoke about taking a group to Seccombe Lake Park to fish as part of a California Fishing Association program and was embarrassed of the state of the lake and immediately left. He added that client from the Lighthouse for the Blind enjoyed the trip. Myra Perez, Rialto, spoke in support of the animal shelter and said that outsourcing was not the answer. She said that as a realtor she has many clients in San Bernardino and sometimes finds dead animals left on properties. She said without an animal shelter in the city, the situation will be worse. Sandra Ibarra, San Bernardino, spoke about bullying and online comments, spoke against her opponent in the council election and asked about several work orders for repairs in the Second Ward that she asked for follow-up. Barbara Babcock, San Bernardino, spoke about an annual safe schools summit, the need for council stability and said she votes for people for their ethics. She also spoke against bullying. Sung Kim spoke about the San Bernardino County Homeless Services, United Way and Salvation Army declaring a state of housing emergency in order to apply for emergency grant funds. He asked what was happening and said residents’ fears would be alleviated with more information. Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 7 through 24 have the same vote, unless it is indicated that the item was pulled for further discussion. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Waive Full Reading of Resolutions and Ordinances APPROVED MOTION: Waive full reading of Resolutions and Ordinances on the agenda dated October 17, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 84 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/7/2018 8. City Council Approval of Commercial and Payroll Checks APPROVED MOTION: Approve the commercial and payroll checks for September 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. City Council Approval of Draft Minutes APPROVED MOTION: Approve the minutes of the Mayor and City Council Regular Meetings of September 19, 2018 and October 3, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Agreement with Michael Baker International (MBI) for Professional Engineering Services APPROVED MOTION: Authorize the award of a Consultant Services Agreement with Michael Baker International (MBI) for Professional Engineering Services for Citywide Street Lighting Master Plan (TC18-002) and authorize the Director of Finance to issue a purchase order in the amount of $250,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Agreement with KOA Corporation for Engineering Design Services for Traffic Signal Improvements APPROVED MOTION: Authorize the award of a Consultant Services Agreement with KOA Corporation for Engineering Design Services for three (3) traffic signals: (TC19-005), (TC19-006) & (TC19- 007), and two (2) traffic signal interconnect/communication systems: (TC19-012) & (TC19-013), and authorize the Director of Finance to issue a purchase order in the amount of $80,090. 7.b Packet Pg. 85 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/7/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Guardrail Maintenance, Repair, and Installation Services Agreement APPROVED MOTION: Adopt the resolution. Reso. 2018-282 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual service agreement for guardrail maintenance, repair, and installation with C&W Construction Specialties, Inc. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Plan No. 13241 - Proposed Street Vacation of a Portion of Little Mountain Drive, South of Little Mountain Court, West of 27Th Street – Authorization to Proceed APPROVED MOTION: Authorize staff to proceed with the investigation and analysis for the proposed street vacation for Plan No. 13241. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Issuance of an Annual Purchase Order to Safeway Signs Company APPROVED MOTION: Adopt the resolution. Reso. 2018-283 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual purchase order with Safeway Signs Company for the Purchase of traffic signs and materials. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 86 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/7/2018 15. Establish Residential Parking Permit Program on Lee Street Between Tippecanoe Avenue and Conejo Drive APPROVED MOTION: Adopt the resolution. Reso. 2018-284 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof…” to establish a no parking, except by Permit, at any time zone on Lee Street between Tippecanoe Avenue and Conejo Drive. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Award of Construction Contract for Infill Housing Street and Sidewalk Improvements Project to All American Asphalt APPROVED MOTION: Authorize an Award of Construction Contract to All American Asphalt, in the amount of $1,423,875 for the Infill Housing Street and Sidewalk Improvement project; authorize the City Manager to execute a construction contingency in the amount of $136,125; authorize the Finance Director to amend the FY 2018/19 Adopted Budget to allocate Measure I Funds to the Infill Housing Street and Sidewalk Improvement project; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. Amendment No. 1 to Subgrant Agreement for the Conduct of an Emergency Solutions Grant Project with Step Up on Second Street, Inc. APPROVED MOTION: Authorize the City Manager to execute Amendment No. 1 to the Subgrant Agreement for Emergency Solutions Grant with Step Up on Second Street, Inc. and authorize the City Manager or designee to take further actions to execute additional documents as necessary to effectuate the agreement. 7.b Packet Pg. 87 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/7/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. September 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes APPROVED MOTION: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in September 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Amend the FY 2018/19 Adopted Budget to Implement the Approved Elected Official Compensation APPROVED MOTION: Adopt the resolution. Reso. 2018-292 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending the FY 2018/19 Adopted Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. First Amendment to Agreements with Keller Williams Realty Redlands for Listing for Sale of Certain Real Property Assets APPROVED MOTION: Adopt the resolutions. Reso. 2018-288 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset, and approving certain related actions. Reso. 2018-293 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, 7.b Packet Pg. 88 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 12/7/2018 California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell certain Successor Agency-owned real property assets and approving certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 21. Agreement with County for Cancellation of Taxes on 108 Parcels of Real Property APPROVED MOTION: Adopt the resolutions. Reso. 2018-289 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions Reso. 2018-291 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Crime Free Rental Housing Property Update APPROVED MOTION: Receive and file the Crime Free Rental Housing Property Update. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 89 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 12/7/2018 23. Hometown Heroes Military Banner Agreement to Appropriate Funds for the Purchase of Hometown Heroes Military Banners APPROVED MOTION: Approve a budget amendment appropriating donated funds totaling $8,753.40 from the Hometown Heroes Military Banner Trust account for the purpose of purchasing Military Banners and authorize the Director of Finance to issue a purchase order for the purchase of Military Banners. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 24. Adoption of Resolution No. 2018-294 Relating to Deferral of Certain Development Impact Fees APPROVED MOTION: Adopt the resolution. Reso. 2018-294 Resolution of the Mayor and City Council of the City of San Bernardino, California, relating to the deferral of certain development impact fees and repealing Resolution No. 2010-267. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 25. Southern California Association of Governments Legislative Update Council member Mulvihill provided a verbal report. No vote was taken on this item. 26. Establishing San Bernardino Arts Fest 2019 as a City Sponsored Event Speakers Dorothy Garcia Jennifer Kane APPROVED MOTION: Adopt the resolution. 7.b Packet Pg. 90 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 12/7/2018 Reso. 2018-290 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing San Bernardino Arts Fest 2019 as a City sponsored event. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 27. Procedures for Filling Mayoral and City Council Vacancies Speaker Robert Porter APPROVED MOTION: Default to a special election, and direct staff to come back with an urgency ordinance that uses the language in the previous charter regarding filling a vacancy., with a caveat to choose a mail-in or regular ballot. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Adjournment The meeting adjourned at 7:20 p.m. in memory of Raymond Guajardo, Darrell and Dorothy Farwick. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 7, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. 7.b Packet Pg. 91 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes October 17, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 12/7/2018 CERTIFICATION OF POSTING AGENDA I, Georgeann “Gigi” Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 17, 2018 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located in the breezeway of City Hall, 300 North “D” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, October 12, 2018. . 7.b Packet Pg. 92 Attachment: 10-17-18_Jt__Reg_gh_draft (5864 : City Council Approval of Draft Minutes) City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 5/15/2018 MINUTES FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THURSDAY, NOVEMBER 15, 2018 5:00 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Council Member Marquez at 5:14 PM, Thursday, November 15, 2018, in the Norton Regional Event Center, Main Auditorium, 1601 East Third Street, San Bernardino, CA 92408. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 5:14 PM Benito J. Barrios Council Member, Ward 2 Present 5:14 PM John Valdivia Council Member, Ward 3 Present 5:14 PM Fred Shorett Council Member, Ward 4 Absent --------- Henry Nickel Council Member, Ward 5 Absent --------- Bessine L. Richard Council Member, Ward 6 Present 5:14 PM James Mulvihill Council Member, Ward 7 Present 5:14 PM R. Carey Davis Mayor Absent --------- Candice Alvarez Deputy City Clerk Present 5:14 PM Gary Saenz City Attorney Present 5:14 PM Andrea Miller City Manager Present 5:14 PM INVOCATION Chaplain Ray Miller led the invocation. Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill 7.c Packet Pg. 93 Attachment: 11-15-18_Spec_ca_draft (5864 : City Council Approval of Draft Minutes) Special Meeting Draft Minutes November 15, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 11/16/2018 PRESENTATION OF COLORS The Presentation of Colors was led by the California Army National Guard HHC, 1-185th Infantry. PLEDGE OF ALLEGIANCE Council Member Mulvihill led the Pledge of Allegiance to the flag. PRESENTATION 1. San Bernardino Hometown Heroes Military Banner Program • Albert James Diaz, Army • Sophia Harvey, Marine Corps • Mary Lynn Kinslow, Navy • Ernest Frank Lemos, Marine Corps • Adrian Loera, Army • Justin Traver Minwalla, Navy • Ashley Moreno, Army • Ruben Rafael Morfin, Navy • Flor Yazmin Morfin-Yanez, Army • Richard Mayorga, Army • John Anthony Salgado, Army • Caleb Smith Sandoval, Army • Dominic Jacob Yglesias 2. ADJOURNMENT The meeting adjourned at 5:57 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 21, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, MMC City Clerk 7.c Packet Pg. 94 Attachment: 11-15-18_Spec_ca_draft (5864 : City Council Approval of Draft Minutes) City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 12/7/2018 MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, NOVEMBER 21, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, November 21, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Late 4:00 PM John Valdivia Council Member, Ward 3 Present 4:00 PM Fred Shorett Council Member, Ward 4 Absent --------- Henry Nickel Council Member, Ward 5 Present 4:00 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Absent ---------- R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Sonia Carvalho Senior Assistant City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 7.d Packet Pg. 95 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/7/2018 Closed Session The Council immediately went into closed session to consider the following issues: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk- 28006 MJ ii. Brett Birnbuam v. City of San Bernardino, WCAB Claim No. CSBY-9842 iii Rodney Mascis v. City of San Bernardino, WCAB Claim No. CSBY-9847 iv Steve Carrizales v. City of San Bernardino, WCAB Claim No. CSBY- 10136 v. David Allen v. City of San Bernardino, WCAB Case Nos. ADJ10388596; ADJ10392318; ADJ9829100; ADJ9829101; and ADJ10388599 vi. John Munoz v. City of San Bernardino, WCAB Case Nos. ADJ10080270 and ADJ10349598 vii. Scott Gauley v. City of San Bernardino, WCAB Case Nos. ADJ3255193; ADJ4591399; ADJ8772664; and ADJ8772663 viii. Dennis Han v. City of San Bernardino, WCAB Case Nos. ADJ10816736 and ADJ10816740 ix. Juan Ochoa v. City of San Bernardino, WCAB Case Nos. ADJ10816742 and ADJ10816734 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: i. Property Address: An approximately 0.17-acre vacant residential lot located at 1256 Wall Avenue, APN 0146-241-07 Agency Negotiator: Andrea Miller, City Manager Negotiator: Bennie Benton III Under Negotiation: Price and Terms of Purchase ii. Property Address: 780 N. “E” Street, APN 0140-273-21 Agency Negotiator: Andrea Miller, City Manager Negotiator: San Bernardino City Unified School District Under Negotiation: Price and Terms of Purchase C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4): One or more cases. D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation - Government Code Section 54956.9(d)(2). INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Hugh Harriston of Loveland Church. The Pledge was led by Iliana Munoz of Urbita Elementary School. 7.d Packet Pg. 96 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/7/2018 Closed Session Report Senior Assistant City Attorney Sonia Carvalho reported: • Items 2-9 listed under “existing litigation” (Pursuant to Government Code Section 54956.9(a) and (d)(1)) were approved for settlement by a vote of 4-0, with council members Barrios, Shorett and Mulvihill absent. • The council voted 4-0 with Barrios, Shorett and Mulvihill absent, to give the City Manager negotiation direction on the two properties listed under Item B (Pursuant to Government Code Section 54956.8). • The council voted 4-0 with Barrios, Shorett and Mulvihill absent, to approve two cases for settlement listed under Item C (pursuant to Government Code Section 54956.9 (d)(4)); and • Item D (concerning Government Code Section 54956.9(d)(2)) was continued. Presentations 1. Citizen of the Month – Paul Sanborn – Council Member Valdivia Councilmember Valdivia honored Paul Sanborn as the Citizen of the Month. 2. Youth Recognition – Richard Jones, San Andreas High School – Council Member Shorett Mayor Davis honored Mr. Jones for his academic acheivements in school. He also presented a certificate from Senator Mike Morrell. 3. Chamber of Commerce & Local Elected Officials Announcements The chamber’s upcoming activities were announced. The Chamber office will be closed the month of December. Public Comments for Items Listed and Not Listed on the Agenda Luis Ojeda, San Bernardino, spoke about his notices of code violation received this week. he said he would not get mad. he spoke about the issues he's seen across the city. He says if the rules are going to be applied they need to be applied across the board. Daniel Cadenas, San Bernardino, spoke about “W e Are The Change” organization. He said it has had a big impact on him and the city and provides people with a way to see the community in a positive way. Robert Porter, San Bernardino, said he remembered going through an election 5 years ago and said the transition was sound. And asked that Davis extend a hand to Mayor- elect Valdivia as Morris did to Davis. Said Davis had done some great things as mayor. Jim Smith, San Bernardino, congratulated Paul Sanborn for his honor and said important things are happening in the CIty . He spoke about the 90th anniversary of St Marks Missionary church on Central. He said the Native Sons of the Golden W est will be in the Rose Parade in 2019. Carolina Verduzco, San Bernardino, said the city needs to be thankful for the volunteers in the city and using city resources to harass volunteers is not good> She sais the city needs to be grateful for the people who volunteer money, time and efforts to the Animal Shelter and have a long-term commitment to the city. 7.d Packet Pg. 97 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/7/2018 Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 4 through 18 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 14 was pulled by Councilmember Nickeland Item 18 was pulled by Councilmember Marquez for further discussion. 4. Waive Full Reading of Resolutions and Ordinances APPROVED MOTION: Waive full reading of Resolutions and Ordinances on the agenda dated November 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 5. City Council Approval of Commercial and Payroll Checks APPROVED MOTION: Approve the commercial and payroll checks for October 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 6. Agreement with Western Allied Corporation for Feldheym Central Library HVAC Upgrade APPROVED MOTION: Adopt the resolution. Reso. 2018-300 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design-build contract with Western Allied Corporation in the amount of $569,200 for Feldheym Central Library HVAC Upgrade; authorizing the City Manager to execute the construction contingency in the amount of $56,800; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 7.d Packet Pg. 98 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/7/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 7. Issuance of a Purchase Order to Transwest Truck Center for the Purchase of One (1) 2019 PB B-4 Patch Truck Unit, Mounted on a 2019 F750 Gas Chassis APPROVED MOTION: Adopt the resolution. Reso. 2018-302 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Transwest Truck Center in an amount not to exceed $210,400 for the purchase of one (1) new 2019 PB B-4 Patch Truck unit mounted on a 2019 F- 750 Chassis. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 8. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of Six (6) 2019 Ford F Series Super Duty F-350 4X2 with Crew Cab 6.75 Box Trucks APPROVED MOTION: Adopt the resolution. Reso. 2018-303 Resolution Adopt Resolution No. 2018-303 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales in an amount not to exceed $180,184 to purchase six (6) new 2019 Super Duty Ford F-350 SRW (W3A) XL 2 WE Crew Cab 6.75 box trucks. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 7.d Packet Pg. 99 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/7/2018 9. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of Two (2) 2019 Ford F Series Super Duty F-150 4WD with Super Crew Cab 6.75 Box Trucks APPROVED MOTION: Adopt the resolution. Reso. 2018-304 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales, Inc. in an amount not to exceed $54,900 for the purchase of two (2) new 2019 Super Duty Ford F-150 (x1E) XL 4WD Super Cab 6.75 Box trucks. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 10. Award of Construction Contract for Mountain Avenue and 40Th Street Improvements to Hillcrest Contracting Inc. APPROVED MOTION: Adopt the resolution. Reso. 2018-305 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Hillcrest Contracting, Inc. in the amount of $917,088 for Mountain Avenue and 40th Street Improvements; authorizing the City Manager to execute the construction contingency in the amount of $92,000; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 11. October 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes APPROVED MOTION: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in October 2018. 7.d Packet Pg. 100 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/7/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 12. Amend the Professional Services Agreement with Jones & Mayer to Provide Legal Counsel to the Personnel Commission in Association Disciplinary Appeal Hearings APPROVED MOTION: Authorize the City Manager to execute an amendment to the Professional Services Agreement between Jones & Mayer and the City of San Bernardino (Resolution No. 2018-16) to provide legal counsel to the Personnel Commission in association with disciplinary appeal hearings increasing the expenditure limit to $50,000. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 13. Agreement with Micon Construction, Inc. for Splash Parks Improvements APPROVED MOTION: Adopt the resolution. Reso. 2018-306 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design-build contract with Micon Construction, Inc. in the amount of $832,907 for Splash Parks Improvements; authorizing the City Manager to execute the construction contingency in the amount of $83,093; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 7.d Packet Pg. 101 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/7/2018 14. Change of Ownership of Wilson Towing, LLC Speaker Michael Schaeffer APPROVED MOTION: Adopt the resolution. Reso. 2018-307 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the change of ownership of Wilson Towing, LLC, in order to continue participation in the San Bernardino Police Department tow rotation. RESULT: ADOPTED [4 TO 1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Bessine L. Richard NAYS: Henry Nickel ABSENT: Fred Shorett, James Mulvihill 15. Authorization for the Upgrade of Internet Service from Spectrum, Inc. for a 60 Month Term Not to Exceed $232,200 APPROVED MOTION: Authorize the City Manager or her designee to execute documents and issue a purchase order for the upgrade of Internet Service from Spectrum, Inc. for a 60 month term not to exceed $232,200. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 16. Authorization for the Purchase of Communication Services from AT&T Not to Exceed $140,000 APPROVED MOTION: Authorize the City Manager or her designee to issue a purchase order for the purchase of communication services from AT&T not to exceed $140,000. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 7.d Packet Pg. 102 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/7/2018 17. Authorization for the Purchase of Communication Services from TPX for MPLS Data Transport and PRI Services in the Amount Not to Exceed $340,000 APPROVED MOTION: Authorize the City Manager or her designee to issue a purchase order for the purchase of communication services from TPX for MPLS Data Transport and PRI Services in an amount not to exceed $340,000. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 18. Read by Title Only, Waive Further Reading, and Adopt Ordinance No. MC- 1509 Establishing Procedures for Filling City Council and Mayoral Vacancies MOTION: Read By Title Only, Waive Further Reading, and Adopt Ordinance No. MC-1509 of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, establishing procedures for filling City Council and Mayor vacancies, directing the city manager to come back with another ordinance mandating that a vacancy of the mayor’s office also be filled by election to be consistent with the manner of filling vacancies for the City Council. RESULT: PASSED [5 TO 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard ABSENT: Fred Shorett, James Mulvihill 7.d Packet Pg. 103 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 12/7/2018 Staff Reports 19. Fiscal Year 2017/18 Yearend Financial Update, 10-Year Financial Plan, City Attorney’s Office Service Delivery Changes, and Adoption of a General Fund Reserve Policy APPROVED MOTION: Receive and file reports on the financial operating results for FY 2017/18, the 10-Year Financial Plan, and an update on the fiscal impacts of the changes in service delivery related to the City Attorney’s Office; and Adopt the resolution. Reso. 2018-308 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a General Fund Reserve Policy. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 20. Prisoner/Detainee Transportation and Jail Operations Services APPROVED MOTION: Authorize the City Manager to issue a Request for Proposals for prisoner/detainee transportation and jail operations services. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 21. JP Morgan Chase AdvancingCities Challenge APPROVED MOTION: Authorize the City Manager to execute on behalf of the City, correspondence supporting the application by the Making Hope Happen Foundation representing the San Bernardino AdvancingCities Collaborative. 7.d Packet Pg. 104 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes November 21, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 12/7/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 22. Adjournment The meeting adjourned at 7:50 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, December 5, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 7.d Packet Pg. 105 Attachment: 11-21-18_JYReg_gh_draft (5864 : City Council Approval of Draft Minutes) Date: To: From: City of San Bernardino Request for Council Action December 19, 2018 Honorable Mayor and City Council Members Andrea M. Miller, City Manage�\\\; By: Trish Rhay, Director of P"iL�11c Works Consent Calendar Alex Qishta, Deputy Director of Public Works/City Engineer Subject: Agreement with Infrastructure Engineers for the Preparation of Plans, Specifications, and Estimate for ATP Cycle 2 -Safe Routes to School Project at 3 Locations (SS17-001) and Amendment of the FY 2018/19 Operating Budget Recommendation Adopt Resolution No. 2018-315 of the Mayor and City Council of the City of SanBernardino, California, approving an Agreement with Advanced Applied Engineering,Inc. dba Infrastructure Engineers for preparation of Plans, Specifications and Estimatefor ATP Cycle 2 -Safe Routes to School Project at 3 Locations (SS17-001) andamending the FY 2018/19 Operating Budget. BackgroundCycle 2 of the Active Transportation Program (ATP) commenced on March 26, 2015,upon the adoption of the program guidelines by the California TransportationCommission (CTC). ATP is funded from various federal and state funds appropriated inthe annual Budget Act. A total of $359 million funding is available over three yearsunder MAP-21 (Fiscal Years 2016/17-2018/19). Pursuant to state statute, the goals of the program are to: • Increase the proportion of biking and walking trips•Increase safety for non-motorized users •Increase mobility for non-motorized users • Advance the efforts of regional agencies to achieve greenhouse gas reductiongoals •Enhance public health, including reduction of childhood obesity throughthe use of programs including, but not limited to, projects eligible forSafe Routes to School Program funding •Ensure disadvantaged communities fully share in program benefits •Provide a broad spectrum of projects to benefit many types of activetransportation users 12/13/2018 2:05 PM 8.a Packet Pg. 106 Attachment: PW.Agreement w Infrastructure Engineers.00-REPORT-11-26-18 (5865 : Agreement with Infrastructure Engineers for PS&E - Safe On September 6, 2016, the Mayor and City Council adopted Resolution No. 2016-190 accepting the Active Transportation Program Cycle 2 Grant in the Amount of $2,090,489 for Project ATPL-5033(053) and directing that the project be added to the Capital Improvement Program. The project consisted of Safe Route to School (SRTS) improvements. Detailed need analysis for sidewalk, curb & gutter, ADA ramps and street lights in the vicinity of schools located in the City of San Bernardino was conducted. Based on the needs, three locations were selected and approved by Resolution No. 2016-190. The three locations are described below and in the attachments marked Location 1, Location 2 and Location 3: Location 1 - This location is in the general vicinity of 48th Street and Western Avenue. The work consists of widening 48th Street, Magnolia Avenue and Reservoir Drive and improving the streets with curb & gutter, sidewalk, ADA ramps and street lights. Location 2 - This location is in the vicinity of Pepper Avenue and Randall Avenue. The work consists of widening Pepper Avenue, Randall Avenue and Meridian Avenue and improving the streets with curb & gutter, sidewalk, ADA ramps and street lights. Location 3 - This location is in the vicinity of Pacific Street and Perris Hill Park Road. The work consists of removing an old, cracked asphalt sidewalk on the west side of Perris Hill Park Road and replacing it with new concrete sidewalk, curb & gutter and ADA ramp. The project is grant funded through the federal Active Transportation Program (ATP), which is designed to encourage walking and biking in lieu of motorized transportation. Environmental clearance was completed and a Categorical Exclusion was approved by Caltrans on May 4, 2018. On June 20, 2018, the Mayor and City Council approved Resolution No. 2018-189 adopting the City’s final budget document for FY 2018/19. The budget included CIP Project SS17-001 for ATP Cycle 2 - Safe Routes to Schools project at 3 locations to prepare plans, specifications, and an estimate for the project to advertise for construction bids. The approved budget for the project was $185,000 from the Measure I (129) Fund. Discussion On August 2018, Caltrans approved federal funding in the amount of $215,000 for preparation of Plans, Specifications, and Estimate (PS&E) for this project. August 30, 2018, a Request for Proposals (RFP) for a design service was released to the consultants who had previously indicated an interest in receiving solicitations for this 12/13/2018 2:27 PM 8.a Packet Pg. 107 Attachment: PW.Agreement w Infrastructure Engineers.00-REPORT-11-26-18 (5865 : Agreement with Infrastructure Engineers for PS&E - Safe type of work. The RFP was also made publicly available on the City’s “Request for Bids” website. On September 28, 2018, a total of two (2) proposals were received. The proposals were reviewed by a panel of staff members using the City’s standard rating system and it was determined that both proposals met the requirements of the RFP. These proposals were submitted by the following firms: The above two firms were interviewed by staff and it was determined that the proposal and presentation by Infrastructure Engineers best meets the requirements of the RFP. Infrastructure Engineers has extensive experience and has completed many local projects in the San Bernardino area. After selecting the firm, a fee proposal was requested and negotiated for this federally funded project. The final agreed upon fee for the proposed services is $124,245.35. PS&E is expected to be completed in December 2019 and project will be advertised to receive construction bids. Construction at the three locations is anticipated to start spring of 2020 and completed by December 2020. 2018-19 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City and Goal No. 7: Pursue City Goals and Objectives by working with other agencies such as: Federal, State, and regional governments to ensure San Bernardino receives its fair share of resources by maintaining close working relationships with other governmental agencies. Fiscal Impact The estimated project cost for this phase is summarized in the table below. Estimated Project Cost Proposal Amount $124,245.35 Project Management $ 10,000.00 Total Contract Work $134,245.35 The selected proposal and project management, reflect a total project cost of $134,245.35. The project is currently funded in the FY 2018/19 Adopted Budget at $185,000 in the Measure I Fund, Account Number: 129-160-8604-5011. Reimbursement will be sought from Caltrans for the grant funded component of the project at roughly $118,200, depending on final total cost. The FY 2018/19 budget needs to be amended to reflect the increase of grant funding and the decrease funding requirement from the Measure I Fund. This has the positive effect of making additional Measure I funding available in the amount of approximately $118,200 for other Firm Location Advanced Applied Engineering, Inc. dba Infrastructure Engineers Brea Michael Baker International Ontario 12/13/2018 2:27 PM 8.a Packet Pg. 108 Attachment: PW.Agreement w Infrastructure Engineers.00-REPORT-11-26-18 (5865 : Agreement with Infrastructure Engineers for PS&E - Safe qualifying projects at a later time. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2018-315, approving an Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers for preparation of Plans, Specifications and Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001) and amending the FY 2018/19 Operating Budget. Attachments Attachment 1 Resolution Awarding Agreement for ATP Cycle 2 - Safe Routes to School Project at 3 Locations Attachment 2 Agreement Attachment 3 Location Map Ward: 2, 3 & 4 Synopsis of Previous Council Actions: On September 6, 2016, the Mayor and City Council adopted Resolution 2016-190 accepting the Active Transportation Program Cycle 2 Grant in the Amount of $2, 090,489 for Project ATPL- 5033(053) and directing that the project be added to the FY 2016/17 Capital Improvement Program. 12/13/2018 2:27 PM 8.a Packet Pg. 109 Attachment: PW.Agreement w Infrastructure Engineers.00-REPORT-11-26-18 (5865 : Agreement with Infrastructure Engineers for PS&E - Safe Resolution No. 2018-315 RESOLUTION NO. 2018-315 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH ADVANCED APPLIED ENGINEERING, INC. DBA INFRASTRUCTURE ENGINEERS FOR PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATE FOR ATP CYCLE 2 - SAFE ROUTES TO SCHOOL PROJECT AT 3 LOCATIONS (SS17-001) AND AMENDING THE FY 2018/19 ADOPTED BUDGET WHEREAS, on September 6, 2016, the Mayor and City Council adopted Resolution 2016-190 accepting the Active Transportation Program Cycle 2 Grant in the Amount of $2,090,489 for Project ATPL-5033(053) and directing that the project be added to the FY 2016/17 Capital Improvement Program; and WHEREAS, the environmental phase of the work was completed and accepted by Caltrans on May 4, 2018, and WHEREAS, Caltrans has given authorization and approved funding for the City to proceed with the Plans, Specifications and Estimate (PS&E) phase of the work; and WHEREAS, The Advanced Applied Engineering, Inc. dba Infrastructure Engineers located at 3060 Saturn Street, Suite 250, Brea, California 92821 is a competent experienced consulting engineering firm and has provided the most advantageous and best proposal to provide design services for the preparation of Plans, Specifications & Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001); 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/her designee is hereby authorized and directed to award a design contract to Advanced Applied Engineering, Inc. dba Infrastructure Engineers, in the amount of $124,245.35. SECTION 3. The Director of Finance is authorized to amend the FY 2018/19 Adopted Budget to reflect the receipt of grant funding for this project and increase the corresponding expenditure account in the City’s Grant Fund. Additionally, the same amount of funding can be removed from the existing appropriation in the Measure I Fund, leaving only the City’s match requirement as a Measure I project expenditure. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA 8.b Packet Pg. 110 Attachment: PW.Agreement w Infrastructure Engineers.01-Attachment 1-RESOLUTION (5865 : Agreement with Infrastructure Engineers for Resolution No. 2018-315 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 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 8.b Packet Pg. 111 Attachment: PW.Agreement w Infrastructure Engineers.01-Attachment 1-RESOLUTION (5865 : Agreement with Infrastructure Engineers for Resolution No. 2018-315 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2018. 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Infrastructure Engineers.02-Attachment 2-Agreement (5865 : Agreement with Infrastructure Engineers for PS&E 8.d Packet Pg. 177 Attachment: PW.Agreement w Infrastructure Engineers.03-Attachment 3-Location Map (5865 : Agreement with Infrastructure Engineers for 8.d Packet Pg. 178 Attachment: PW.Agreement w Infrastructure Engineers.03-Attachment 3-Location Map (5865 : Agreement with Infrastructure Engineers for 8.d Packet Pg. 179 Attachment: PW.Agreement w Infrastructure Engineers.03-Attachment 3-Location Map (5865 : Agreement with Infrastructure Engineers for 8.d Packet Pg. 180 Attachment: PW.Agreement w Infrastructure Engineers.03-Attachment 3-Location Map (5865 : Agreement with Infrastructure Engineers for 9.a Packet Pg. 181 Attachment: PW.H Street Widening Neg Dec.00-REPORT (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Resolution of the Mayor and City Council. An Initial Study and the Mitigated Negative Declaration (MND) as required by State law was prepared and distributed to allow public input regarding the proposed MND. A public review period of 30 days, from September 14, 2018 to October 15, 2018, was held to allow for comments on the Initial Study and the MND. Two comment letters were received. These comment letters were reviewed and a response provided by the Community Development Department. The comments were not considered significant; however, State law requires that the comments and any responses to comments be made available to the Mayor and City Council for consideration prior to a decision on the proposed project. See Exhibit B for the comments and responses to comments. Every effort will be made during design and construction to insure that all reasonable comments are accommodated. On September 12, 2018, the Development and Environmental Review Committee (D/ERC) determined that, although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because the mitigation measures described in the Initial Study have been added to the Project. The D/ERC recommended that a Mitigated Negative Declaration be adopted for this Project. The next step will be the preparation of Plans Specifications and Estimate which are expected to be completed by July 2019. That will be followed by acquisition of right-of- way which could require up to one year to complete. Utility relocation will be next and will require about 6 months. Construction is expected to start in January 2021 and be completed by September 2021. 2018-19 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City and Goal No. 7: Pursue City Goals and Objectives by working with other agencies such as: Federal, State, and regional governments to ensure San Bernardino receives its fair share of resources by maintaining close working relationships with other governmental agencies. Fiscal Impact A $50 filing fee must be paid to the County Clerk of the Board when filing the Notice of Determination. In addition, a CEQA Environmental Document Filing fee in the amount of $2,280.75 is collected by the County Clerk of the Board on behalf of the California State Department of Fish and W ildlife. Sufficient funds are included in the FY 2018/19 Budget in Account No. 264-160-7872-5504 “H” Street between Kendall Drive and 40th Street (SS04-152) to cover the cost of these fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-316 of the Mayor and City Council of the City of San Bernardino, California, adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program (MMRP) and authorizing the 12/13/2018 3:24 PM 9.a Packet Pg. 182 Attachment: PW.H Street Widening Neg Dec.00-REPORT (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for “H” Street Widening from Kendall Drive to 40th Street (SS04-052) Attachments Attachment 1 - Resolution; Attachment 2 - Initial Study (Exhibit A); Attachment 3 - Responses to Comments (Exhibit B); Attachment 4 - Mitigated Negative Declaration (Exhibit C); Attachment 5 - Mitigation Monitoring and Reporting Program (Exhibit D) Attachment 6 - Notice of Determination (Exhibit E) Attachment 7 - Location Map Ward: 4 Synopsis of Previous Council Actions 10/18/17 Resolution No. 2017-205 adopted approving Agreement with CivilSource, Inc. to provide environmental and civil engineering design services for the widening of “H” Street between Kendall Drive and 40th Street (SS04-152). 12/13/2018 3:24 PM 9.a Packet Pg. 183 Attachment: PW.H Street Widening Neg Dec.00-REPORT (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Resolution No. 2018-316 RESOLUTION NO. 2018-316 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND), APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND AUTHORIZING THE DIRECTOR OF COMMUNITY DEVELOPMENT OR DESIGNEE TO FILE A NOTICE OF DETERMINATION (NOD) WITH THE CLERK OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY FOR “H” STREET WIDENING FROM KENDALL DRIVE TO 40TH STREET (SS04-052) WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No. 2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY 2018/19; and WHEREAS, on October 18, 2017, the Mayor and City Council adopted Resolution No. 2017-205 approving Agreement with CivilSource, Inc. to provide environmental and civil engineering design services for the widening of “H” Street between Kendall Drive and 40th Street (SS04-152); and WHEREAS, environmental review as required by the California Environmental Quality Act (CEQA) has been completed and the Environmental Review Committee of the City of San Bernardino is recommending that that the Mayor and City Council adopt this Resolution adopting a Mitigated Negative Declaration (MND), adopting a Mitigation Monitoring and Reporting Program (MMRP) and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Widening of “H” Street between Kendall Drive and 40th Street. 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. A Mitigated Negative Declaration is hereby adopted for the widening of “H” Street from Kendall Drive to 40th Street (SS04-152), as described in the attached Initial Study marked A “A”, Response to Comments marked as Exhibit “B” and the Mitigated Negative Declaration marked Exhibit “C”, attached hereto and incorporated herein. SECTION 3. The Mitigation Monitoring and Reporting Program (MMRP) for said Project, attached hereto as Exhibit “D” is hereby approved. 9.b Packet Pg. 184 Attachment: PW.H Street Widening Neg Dec.01-Attachment 1-Resolution (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring Resolution No. 2018-316 SECTION 4. The Director of Community Development or designee is hereby authorized to file a Notice of Determination, attached hereto as Exhibit “E”, for said Project with the Clerk of the Board of Supervisors of San Bernardino County. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 9.b Packet Pg. 185 Attachment: PW.H Street Widening Neg Dec.01-Attachment 1-Resolution (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring Resolution No. 2018-316 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 9.b Packet Pg. 186 Attachment: PW.H Street Widening Neg Dec.01-Attachment 1-Resolution (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring FINAL Initial Study/Mitigated Negative Declaration for the Widening of H Street between Kendall Drive and 40th Street Prepared for: Chantal Power City of San Bernardino Community Development 201-B, N. “E” Street San Bernardino, CA 92401-1507 Prepared by: Athena Environmental 668 N. Coast Highway, Suite 139 Laguna Beach, CA 92651 November 5, 2018 9.c Packet Pg. 187 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street November 5, 2018 ii Statement of Limitations This document entitled Widening of H Street between Kendall Drive and 40th Street Initial Study/Mitigated Negative Declaration was prepared by Athena Environmental for the account of CivilSource/NV5. The material in it reflects Athena Environmental’s best judgment in light of the information available to it at the time of preparation. Any use which a third party makes of this report, or any reliance on or decisions made based on it, are the responsibilities of such third parties. Athena Environmental accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this report. 9.c Packet Pg. 188 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street November 5, 2018 iii Table of Contents Abbreviations .............................................................................................................. v 1.0 Introduction ..................................................................................................... 1 1.1 Lead Agency ..................................................................................................................... 1 1.2 Project Approvals ............................................................................................................. 1 1.3 Purpose ............................................................................................................................ 1 1.4 Organization of This IS/MND .......................................................................................... 2 1.5 Documents Incorporated by Reference ........................................................................... 2 1.6 Project Contacts ............................................................................................................... 3 1.7 Objective........................................................................................................................... 3 2.0 Project Description ........................................................................................... 4 2.1 Location and Setting ........................................................................................................ 4 2.2 Elements of the Project .................................................................................................... 4 2.3 Construction Schedule and Equipment ........................................................................... 4 3.0 Environmental Determination and Checklist .................................................. 10 3.1 Environmental Determination ....................................................................................... 10 3.2 Environmental Factors Potentially Affected ................................................................... 11 4.0 Environmental Impact Analysis ...................................................................... 13 4.1 Aesthetics ....................................................................................................................... 13 4.2 Agriculture and Forestry Resources ............................................................................... 16 4.3 Air Quality ...................................................................................................................... 18 4.4 Biological Resources ...................................................................................................... 23 4.5 Cultural Resources ......................................................................................................... 27 4.6 Geology and Soils ........................................................................................................... 30 4.7 Greenhouse Gases .......................................................................................................... 34 4.8 Hazards and Hazardous Materials ................................................................................. 36 4.9 Hydrology and Water Quality ........................................................................................ 39 4.10 Land Use and Planning .................................................................................................. 47 4.11 Mineral Resources .......................................................................................................... 49 4.12 Noise .............................................................................................................................. 50 4.13 Population and Housing ................................................................................................ 54 4.14 Public Services ............................................................................................................... 55 4.15 Recreation ...................................................................................................................... 57 4.16 Transportation and Traffic ............................................................................................. 58 4.17 Tribal Cultural Resources .............................................................................................. 61 4.18 Utilities and Service Systems ......................................................................................... 64 4.19 Mandatory Findings of Significance .............................................................................. 67 5.0 List of Preparers ............................................................................................. 68 6.0 References ...................................................................................................... 69 9.c Packet Pg. 189 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street November 5, 2018 iv List of Tables Table 2.3-1 Anticipated Construction Duration and Equipment ..................................................... 5 Table 4.3-1 Project Construction Emissions Versus SCAQMD Significance Criteria .................... 19 Table 4.3-2 Project Operation Emissions Versus SCAQMD Significance Criteria ........................ 19 Table 4.3-3 CalEEMod Results Compared to Localized Significance Thresholds (LSTs) ............ 20 Table 4.7-1 Estimated Project GHG Emissions ............................................................................. 35 Table 4.12-1 City of San Bernardino Interior and Exterior Noise Standards .................................. 51 Table 4.14-1 Public Services Facilities ............................................................................................. 56 List of Figures Exhibit 2-1 Regional Location Map ................................................................................................. 6 Exhibit 2-2 Project Location Map .................................................................................................... 7 Exhibit 2-3 Zoning Map ................................................................................................................... 8 Exhibit 2-4 Strategic Area Map ........................................................................................................ 9 List of Appendices Appendix A : CalEEMod Air Emissions Estimates Appendix B : Geotechnical Investigation Report Appendix C : AB 52 Consultation Appendix D : Responses to Comments 9.c Packet Pg. 190 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street November 5, 2018 v Abbreviations AB 32 Global Warming Solutions Act of 2006 ADA Americans with Disability Act AQMP Air Quality Management Plan BAU Business as Usual Bgs Below ground surface BMPs Best Management Practices CAAQS California Ambient Air Quality Standards Caltrans California Department of Transportation CAP Climate Action Plan CARB California Air Resources Board CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CFCs Chlorofluorocarbons CGS California Geologic Survey CG-1 Commercial General Zoning CH4 Methane City City of San Bernardino CMC City Municipal Code CMP Congestion Management Program CMUTCD California Manual of Uniform Traffic Control Devices CNEL Community Noise Equivalent Level CO Carbon monoxide CO2 Carbon dioxide CO2e Carbon dioxide equivalent CWA Clean Water Act County County of San Bernardino dBA A unit of measurement of sound level corrected to the A–weighted scale. EIR Environmental Impact Report EW East-West FEMA Federal Emergency Management Agency GHG Greenhouse Gas HDPE High density polyethylene HFCs Hydrofluorocarbons I-210 Interstate 210 I-215 Interstate 215 IS/MND Initial Study/ Mitigated Negative Declaration LST Localized Significance Thresholds MBTA Migratory Bird Treaty Act MDC Municipal Development Code SBFD San Bernardino Fire Department MS4 Municipal Separate Storm Sewer System WM Waste Management NAAQS National Ambient Air Quality Standards NO Nitrous oxide NO2 Nitrogen dioxide NRHP National Register of Historic Places NS North-South O3 Ozone Pb Lead PFCs Perfluorocarbons PM10 Particulate matter of 10 microns in diameter or smaller PM2.5 Particulate matter of 2.5 microns in diameter or smaller. Project Widening of H Street between Kendall Drive and 40th Street PRC Public Resources Code RM Medium Density Residential Zoning SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCCIC South Central Coast Information Center SCE Southern California Edison SCS Sustainable Communities Strategy SF6 Sulfur hexafluoride SO2 Sulfur dioxide SCAB South Coast Air Basin SWPPP Stormwater Pollution Prevention Plan RWQCB Regional Water Quality Control Board TCR Tribal Cultural Resources TNW Traditional Navigable Water USACE United States Army Corps of Engineers USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service VMT Vehicle Miles Travelled VOC Volatile Organic Compounds 9.c Packet Pg. 191 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 1.0 – Introduction November 5, 2018 1 1.0 Introduction 1.1 Lead Agency The proposed Widening of H Street between Kendall Drive and 40th Street (Project) requires the discretionary approval of the City of San Bernardino (City). The City is the Lead Agency for the proposed Project as defined by §15051 of the CEQA Guidelines. The Lead Agency is the public agency that has the principal discretionary responsibility to review and analyze environmental impacts, avoid or minimize environmental damage where feasible, and approve or deny the proposed Project (California Code of Regulations §15367). In addition to informing the public of the proposed Project and its potential environmental effects, this Initial Study/Mitigated Negative Declaration (IS/MND) is intended to provide adequate environmental information to public agency decision makers so they can make an informed decision on the Project, consistent with the general responsibilities required of public agencies as outlined in §15020 and §15025 of the CEQA Guidelines. The public review process of the IS/MND will culminate with a public hearing at the City to consider approval of a Final IS/MND and a decision on whether to approve the proposed Project. 1.2 Project Approvals The following required permits, agreements, and regulatory review processes are anticipated to construct and operate the Project: California Environmental Quality Act (CEQA) The City of San Bernardino would act as Lead Agency under CEQA, pursuant to §21067 of the CEQA Guidelines and would have the principal discretionary responsibility to approve or deny the Project. Additional City Approvals The following additional approvals will be obtained prior to construction of the Project: • Grading/Building/Electrical Permits 1.3 Purpose The purpose of the Initial Study (IS) in support of a Mitigated Negative Declaration (MND), herein referred to as IS/MND, is to identify and adequately mitigate any potentially significant environmental impacts associated with construction and operation of the proposed Project in the City of San Bernardino, County of San Bernardino, California. The Project’s objective is to widen and improve H Street between Kendall Drive and 40th Street. This IS/MND and its appendices, have been prepared in accordance with the CEQA Statute and the State’s Guidelines for Implementation of CEQA for preparation of an IS. This IS, when combined with the Notice of Intent to Adopt an MND, serves as the environmental document 9.c Packet Pg. 192 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 1.0 – Introduction November 5, 2018 2 for the proposed Project pursuant to the provisions of CEQA (California Public Resources Code §21000, et seq.) and the CEQA Guidelines (Title 14, California Code of Regulations §15000, et seq.). 1.4 Organization of This IS/MND The content and format of the IS/MND are designed to meet CEQA Guidelines and contain the following sections: Section 1.0, “Introduction,” provides a brief summary of the purpose and scope of the IS/MND, the Lead Agency’s responsibility, the Project approvals, documents incorporated by reference, and Project contacts. Section 2.0, “Project Description,” provides a Project overview including a description of the regional location and project vicinity, including figures; and provides a description of the Project elements – e.g., dimensions of the project, area of disturbance, schedule for completion. Section 3.0, “Environmental Determination and Checklist” provides a list of Project facts, describes the methodology for assessing environmental factors potentially affected, and provides a record of the Environmental Determination. Section 4.0, “Environmental Impact Analysis,” provides a brief description of existing conditions for each topic and an analysis of potential environmental impacts based on CEQA Guidelines Appendix G. Mitigation measures are identified where necessary to reduce potential impacts to a less than significant level. Section 6.0, “References,” lists all reports used, websites accessed, and persons consulted to prepare the IS/MND. Appendices Identifies Project-specific technical studies and CEQA process requirements performed for the Project: • Appendix A: CalEEMod Air Emissions Estimates • Appendix B: Geotechnical Investigation Report • Appendix C: AB 52 Consultation • Appendix D: Responses to Comments 1.5 Documents Incorporated by Reference An MND may incorporate by reference all or portions of another document that are generally available to the public (CEQA Guidelines §15150). The documents used must be available for public review for interested parties to access during public review of the IS and Notice of Intent (NOI) to adopt a Mitigated Negative Declaration for this proposed Project. The City General Plan and the City Municipal Code, which are available on-line, were used in the evaluation of the proposed Project. The Project-specific technical reports are all attached to the IS as appendices. 9.c Packet Pg. 193 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 1.0 – Introduction November 5, 2018 3 1.6 Project Contacts Lead CEQA Agency and Address Project Consultant and Address City of San Bernardino Community Development 201-B, N. “E” Street San Bernardino, CA 92401-1507 Athena Environmental 668 N. Coast Highway, Suite 139 Laguna Beach, CA 92651 Contact Person and Phone Number Contact Person and Phone Number Chantal Power Associate Planner (909) 384-7272 x 3328 Ms. Erinn Johnson Principal Environmental Planner (949) 338-8644 1.7 Objective The Project seeks to widen and upgrade H Street between Kendall Drive and 40th Street to two traffic lanes in each direction with pavement, parking, curb and gutter, 6-foot wide sidewalks and street light improvements. 9.c Packet Pg. 194 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 2.0 – Project Description November 5, 2018 4 2.0 Project Description 2.1 Location and Setting Regional access to the Project site is gained from the Interstate 215 (I-215) to University Parkway north to Kendall Drive and east to H Street or from the I-210 Freeway to North Waterman Avenue north to 40th Street and west to H Street in the City of San Bernardino, San Bernardino County, California. The I-215 is an eight-lane freeway in the north-south direction and the I-210 is an eight-lane freeway in the east-west direction in the Project area (see Exhibit 2-1, Regional Location Map and Exhibit 2-2, Project Location Map). The Project site is located at approximately 1,340 feet above mean sea level (amsl) on a north- south connector street with primarily medium-density residential (RM) zoning and areas commercial general (CG-1) zoning located to the north and south of the street segment (see Exhibit 2-3, Zoning Map). The City’ Strategic Areas Map locates the Project site in the University District Specific Plan for the California State University, San Bernardino. The intent of this Specific Plan area is to lay a foundation for this integration of the University into the surrounding community (see Exhibit 2-4, Strategic Area Map). The climate is Mediterranean and characterized by long dry summers and relatively mild winters. Annual precipitation rarely exceeds 16 inches, with most of that precipitation falling between November and March. Average daily temperatures range from the low 80s to the low 50s with summer highs in the 90s. 2.2 Elements of the Project The City of San Bernardino is planning to improve H Street between Kendall Drive and 40th Street (herein, Project) in the City of San Bernardino, San Bernardino County, California. The Project consists of widening H Street between Kendall Drive and 40th Street from two lanes – one in each direction – to four lanes – two in each direction – with pavement, curb and gutter, 6-foot wide sidewalks, and street lights improvements. The Project envisions left turn pockets at intersections and modifications to traffic signals at both intersections to match the new configuration of the intersections. 2.3 Construction Schedule and Equipment Construction of the Project is proposed over approximately 80-working days and would consist of approximately 10 days for demolition/site preparation; 20 days for grading activity; 25 days for building construction; and 25 days for paving. Demolition activity would be minimal consisting of removing an asphalt berm and relocating some of the mailboxes. Construction is anticipated to begin in January 2019. The average anticipated daily crew size per day is six to eight construction workers, and construction vehicles employed at the Project site per construction phase are included in Table 2.3-1 below. 9.c Packet Pg. 195 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 2.0 – Project Description November 5, 2018 5 Table 2.3-1 Anticipated Construction Duration and Equipment Construction Phase Duration Vehicles and Equipment Demolition/site preparation Approximately 10 days 1 watering truck/rubber tired dozer 1 tractor/loader/backhoe 1 grader/concrete saw/dump truck Grading Approximately 20 days 1 watering truck/rubber tired dozer 1 grader 1 tractor/loader/backhoe Building construction Approximately 25 days 1 crane/truck 1 forklift 1 generator 1 tractor/loader/backhoe 1 welder Paving Approximately 25 days 1 cement and mortar mixer 1 paver 1 paving equipment/striping machine 1 roller 1 tractor/loaders/backhoe 9.c Packet Pg. 196 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan,Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand),NGCC, © OpenStreetMap contributors, and the GIS User Community EXHIBIT 1REGIONAL LOCATION MAPH STREET WIDENING PROJECT(BETWEEN KENDALL DR. AND 40TH ST.) This figure was originally produced in color. Reproduction in black and white may result in a loss of information.F Ex1 - Regional Location Map Date: 6/7/2018 3,400 0 3,4001,700 Feet Sources: Esri, HERE, Garmin,USGS, Intermap,INCREMENT P, NRCan, EsriJapan, METI, Esri China(Hong Kong), Esri Korea, Esri(Thailand), NGCC, © Project Location 9.c Packet Pg. 197 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community EXHIBIT 2PROJECT LOCATION MAPH STREET WIDENING PROJECT(BETWEEN KENDALL DR. AND 40TH ST.) This figure was originally produced in color. Reproduction in black and white may result in a loss of information.F Ex2 - Project Location Map Date: 6/8/2018 330 0 330165 Feet Sources: Esri, HERE, Garmin,USGS, Intermap,INCREMENT P, NRCan, EsriJapan, METI, Esri China(Hong Kong), Esri Korea, Esri(Thailand), NGCC, ©H Street40th Street Kenda l l D r i v e E StreetF StreetShandin Hills CirSherid a n R d Ridge Line Dr 9.c Packet Pg. 198 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community EXHIBIT 3ZONING MAPH STREET WIDENING PROJECT(BETWEEN KENDALL DR. AND 40TH ST.) This figure was originally produced in color. Reproduction in black and white may result in a loss of information.F Ex3 - Zoning Map Date: 6/8/2018 530 0 530265 Feet H Street40th Street Kenda l l D r i v e E StreetF StreetLegend Project Site CG-1 - Commercial General PF - Public Facility PFC - Flood Control RL - Residental Low (3.1 du/ac) RM - Residential Medium (14 du/ac) RS - Residential Suburban (4.6 du/ac) 9.c Packet Pg. 199 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation EXHIBIT 4STRATEGIC AREA MAPH STREET WIDENING PROJECT(BETWEEN KENDALL DR. AND 40TH ST.) This figure was originally produced in color. Reproduction in black and white may result in a loss of information.F Ex4 - Strategic Area Map Date: 6/8/2018 4,200 0 4,2002,100 Feet Project Location Legend Project Site 9.c Packet Pg. 200 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 3.0 – Environmental Determination and Checklist November 5, 2018 10 3.0 Environmental Determination and Checklist 3.1 Environmental Determination On the basis of this initial evaluation: I find that the proposed Widening of H Street between Kendall Drive and 40th Street Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed Widening of H Street between Kendall Drive and 40th Street Project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed Widening of H Street between Kendall Drive and 40th Street Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed Widening of H Street between Kendall Drive and 40th Street Project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a “potentially significant impact” or “potentially significant unless mitigated.” An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed Widening of H Street between Kendall Drive and 40th Street Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Widening of H Street between Kendall Drive and 40th Street Project, nothing further is required. Signature Date 9.c Packet Pg. 201 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 3.0 – Environmental Determination and Checklist November 5, 2018 11 3.2 Environmental Factors Potentially Affected This IS/MND has been prepared in compliance with the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code (PRC) §21000, et seq. and the CEQA Guidelines (California Code of Regulations §15000, et seq.). Specifically, the preparation of an Initial Study is guided by §15063 of the CEQA Guidelines. This Project is evaluated based upon its effect on seventeen major categories of environmental factors. The environmental factors checked below would be potentially affected by the proposed Project, involving at least one impact that is a “Potentially Significant Unless Mitigated Impact” as indicated by the resource checklists in Section 4.0, Environmental Impact Analysis of this IS/MND. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology and Soils Greenhouse Gas Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation and Traffic Tribal Cultural Resources Utilities and Service Systems Mandatory Findings of Significance The IS/MND fully addresses the environment, as described by CEQA, as “the physical conditions which existing within the area which will be affected by a proposed Project including land, air, water, flora, fauna, noise, objects of historic or aesthetic significance.” A detailed analysis of environmental impacts will be presented for each resource area (listed above) utilizing the model Environmental Checklist Form found in Appendix G of the CEQA Guidelines §15063(f). Impacts to the environment for construction and operation of the Project will be assessed and described, and the level of significance of impacts will be measured against criteria that have been established by regulation, accepted standards, or other definable criteria. The use of an MND is only permissible if all potentially significant environmental impacts assessed in the IS are rendered less than significant with incorporation of mitigation measures. Each environmental resource area is reviewed by analyzing a series of questions (i.e., Initial Study Checklist) regarding level of impact posed by the Project. Substantiation is provided to justify each determination. One of four following conclusions is then provided as a determination of the analysis for each of the major environmental factors. No Impact. A finding of no impact is made when it is clear from the analysis that the project would not affect the environment. 9.c Packet Pg. 202 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 3.0 – Environmental Determination and Checklist November 5, 2018 12 Less than Significant Impact. A finding of a less than significant impact is made when it is clear from the analysis that a project would cause no substantial adverse change in the environment and no mitigation is required. Less than Significant Impact with Mitigation Incorporated. A finding of a less than significant impact with mitigation incorporated is made when it is clear from the analysis that a project would cause no substantial adverse change in the environment when mitigation measures are successfully implemented by the project proponent. In this case, the project proponent would be responsible for implementing measures identified in a Mitigation Monitoring and Reporting Plan (MMRP). Potentially Significant Impact. A finding of a potentially significant impact is made when the analysis concludes that the proposed Project could have a substantially adverse change in the environment for one or more of the environmental resources assessed in the checklist. Typically, preparation of an Environmental Impact Report (EIR) would be required in the case of potentially significant impact. No findings of significance impact were determined to potentially result from the Project. 9.c Packet Pg. 203 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 13 4.0 Environmental Impact Analysis 4.1 Aesthetics Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact The Project site is in an urbanized area zoned for medium-density residential and general commercial uses on a relatively level street that does not offer scenic vistas. One- and two-story medium-density residences align H Street in the middle of the Project area. The residences generally include front yardage with lawns and vegetation, low fences, driveways, and ornamental trees that range from 4 to 40 feet in height, creating a residential setting. H Street includes an apartment complex on the east side of the street north of the German Auto Haus business. Trevor’s Rustic Inn is located across from the auto store on the west side of the street. Both businesses are located in one-story buildings with asphalt parking lots. The northern extent of H Street includes a large undeveloped lot on the west side of the street and 40th Auto Care and Smog, a small one- story building with enclosed surface parking lot, to the east. Shandin Hills, a small hilly portion of the City approximately 1,148 feet south of H Street and Kendall Drive, rises to an elevation of approximately 1,694 feet amsl. The hills offer views onto and from the Project site located at approximately 1,341 feet amsl. While the developed hillside community offers views of the Project site and the San Bernardino Mountains to the north, the Project would not interfere with views from or onto Shandin Hills or the San Bernardino Mountains. The Project would have a less than significant impact on scenic vistas. 9.c Packet Pg. 204 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 14 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact The California Scenic Highways and Historic Parkways Program of 1963 was established “to preserve and protect highway corridors located in areas of outstanding natural beauty” from alteration that would diminish the aesthetics value of the adjacent lands.1 The proposed Project is not located within an officially designated state scenic highway of the California Scenic Highway Mapping System. Scenic highways are primarily in portions of San Bernardino County that have large swaths of open space, such as the highways in or near the San Bernardino National Forest, Joshua Tree National Park, and East Mojave National Park. Therefore, the Project would result in no impact on scenic resources within a state scenic highway. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less than Significant Impact Construction of the Project would result in short-term impacts to H Street for site preparation, grading and building activity. However, visual impacts associated with construction would be those anticipated with an urban environment experiencing maintenance. In its built condition, the Project would be developed with an architectural character demonstrative of an urban street with two traffic lanes in each direction, parking, curb and gutter, sidewalks, and street lights on both sides. The Project site would look improved. The character of the Project would give a sense of cohesive street design that enhances the surrounding environment. The Project would be required to comply with the City’s Municipal Code (CMC), including Title 12 of the CMC specifying development standards that influence and guide development of the City’s streets, sidewalks, and public places.2 The Project would look improved and would not degrade the existing visual character or quality of the site and its surroundings. Impacts to existing visual character of the site and surroundings would be less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Impact No spotlighting, floodlighting, or glare-producing equipment would be used or installed on the Project area prior to, during, or following construction activities. CMC, Section 19.20, Property Development Standards, guides new or modified uses and development to foster an urban environment of stable, aesthetic character harmonious with existing and future development and consistent with the General Plan.2 Policy 2.1.5 of the General 1 California Department of Transportation (2018). The California Scenic Highway Program Website: http://www.dot.ca.gov/design/lap/livability/scenic-highways/index.html 2 City of San Bernardino (2018). City Municipal Code (CMC) Website: https://www.ci.san-bernardino.ca.us/civicax/filebank/blobdload.aspx?blobid=19233 9.c Packet Pg. 205 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 15 Plan directs compliance with City maintenance and development standards through the rigorous enforcement of Code and Safety Standards.3 Section 19.20.030 of the CMC prohibits glare incidental to any use visible beyond the boundary line of the parcel. Section 19.20.030 prohibits exterior lighting for energy- efficient and shielded or recessed lighting so that direct glare and reflections are contained within the boundaries of the parcel, directed downward, and away from adjoining properties and public rights of way. Lighting fixtures shall be appropriate in scale, intensity, and height to associated use. No lighting shall blink, flash, or be of unusually high intensity or brightness. Security lighting is required at all entrances/exits. A less than significant impact involving light or glare is anticipated to occur as a result of the Project. 3 City of San Bernardino (2005, November 1). General Plan, Chapter 2 Land Use. Page 2 -34 9.c Packet Pg. 206 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 16 4.2 Agriculture and Forestry Resources Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526, or timberland zoned Timberland Protection (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact No Prime of Unique Farmland or lands under the Williamson Act exist on the Project site or within the City.4 Further, no agriculture or farm activities exist in the vicinity of the site, which is surrounded by residential and commercial uses. The Project would not convert existing farmland uses to non-farmland uses and no impact would result. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact The Project site is street right of way adjacent to residential and commercial uses. No impact to existing zoning for agricultural use or Williamson Act contract would occur as a result of the Project. 4 City of San Bernardino (2004, November 29). General Plan Update, Initial Study for General Plan Update Environmental Impact Report 9.c Packet Pg. 207 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 17 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526, or timberland zoned Timberland Protection (as defined by Government Code section 51104(g))? No Impact The Project site is street right of way adjacent to residential and commercial uses in an urban context. The nearest forest lands are associated with San Bernardino National Forest approximately 1.7 miles north of the Project site.5 No forest land or timberland occurs on or in the vicinity of the Project site. As a result, the Project would result in no impact to such uses. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact The Project is located in an urban infill environment and would not impact forest lands. As a result, the Project would result in no impact to such uses. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact The nearest forest is approximately 1.7 miles north of the Project site. Farming was an important economy in the City in the early 1900s but waned with urbanization and a booming economy after World War II.6 Today, farmland is virtually absent in the City, and certainly any farmland, such as citrus groves, that exist are not near the Project site. No impact involving conversion of farmland to non-agricultural use or conversion of forest land to non-forest use would occur as a result of the Project. 5 Google Earth Pro application 6 City of San Bernardino (2005, November 1). General Plan, Chapter 3 Housing. Page 3-18 9.c Packet Pg. 208 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 18 4.3 Air Quality Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact The basis for Project air quality review in California is evaluating consistency with the South Coast Air Quality Management District (SCAQMD) regulations, which are designed to bring the South Coast Air Basin (SCAB), including the City of San Bernardino, into attainment for all National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). An ambient air quality standard (AAQS) defines the maximum amount of a pollutant that can be present in outdoor air without harm to the public’s health. Ambient air quality standards for ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter (PM10 and PM2.5), and lead (Pb) have been set by both the State of California and the federal government. The state has also set standards for sulfates (SO4(2-)) and visibility. AAQSs are set to regulate air emissions from stationary and mobile sources to achieve clean air and to protect even the most sensitive individuals in our communities. The SCAQMD in conjunction with the California Air Resources Board (CARB), the Southern California Association of Governments (SCAG), and USEPA prepares and regularly updates an Air Quality Management Plan (AQMP 2016) to set forth an 9.c Packet Pg. 209 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 19 integrated program to achieve compliance with air quality standards in the Basin.7 Currently, the City of San Bernardino is out of compliance with CAAQS PM2.5 PM10 and ozone standards and NAAQS for PM2.5 and ozone standards.8 The Project would result in short-term air quality impacts from vehicle/equipment exhaust and fugitive dust from ground-disturbing activities during construction. Operation phase air quality impacts are expected to be limited to existing vehicular traffic. Estimated Project criteria pollutant emissions for construction and operation are summarized below in Table 4.3-1 and Table 4.3-2 (see Appendix A), and Project air emissions compared to Localized Significance Thresholds (LST) are summarized in Table 4.3-3. Table 4.3-1 Project Construction Emissions Versus SCAQMD Significance Criteria Emissions (pounds per day) VOC NOX SOX CO PM10 PM2.5 Lead (Pb) Project Construction Emissions 1.74 19.50 0.02 10.60 2.93 3.74 -- Regional Thresholds 75 100 150 550 150 55 3 Exceeds Thresholds? No No No No No No N/A Source: Athena Environmental (2018, June 6). CalEEMod Project Air Emission Calculations Table 4.3-2 Project Operation Emissions Versus SCAQMD Significance Criteria Emissions (pounds per day) VOC NOX SOX CO PM10 PM2.5 Lead (Pb) Project Operation Emissions 0.04 8.0000e- 005 0.00 8.8000e- 003 3.0000e- 005 3.0000e- 005 -- Regional Thresholds 55 55 150 550 150 55 3 Exceeds Thresholds? No No No No No No No Source: Athena Environmental (2018, June 6). CalEEMod Project Air Emission Calculations 7 Southern Coast Air Quality Management District (2016, March). Air Quality Management Plan 8 California Air Resources Board (2018). Air Designation Maps – State and National 9.c Packet Pg. 210 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 20 Table 4.3-3 CalEEMod Results Compared to Localized Significance Thresholds (LSTs) Emissions (pounds per day) NOX CO PM10 PM2.5 Construction CalEEMod Emissions 19.50 10.60 2.93 3.74 Construction Thresholds 118 863 5 4 Exceed Thresholds? No No No No Operation CalEEMod Emissions 8.0000e- 005 8.8000e- 003 3.0000e- 005 3.0000e- 005 Operation Thresholds 118 863 2 1 Exceed Thresholds? No No No No Source: SCAQMD Mass Rate Look-up Tables for 1 to 2 acres in Northwest San Bernardino Valley (Air Monitoring Area #32) at 25 meters (82 feet) from Project site (emissions source) As shown in Table 4.3-1 and Table 4.3-2, Project construction and operation emissions are below the applicable SCAQMD regional and localized mass emissions thresholds of significance.9 In addition, the Project would be required to comply with applicable rules in the SCAQMD Rule Book, Regulation IV - Prohibitions,10 such as Rule 403 for fugitive dust suppression. Examples of Rule 403 control measures include, but are not limited to: • Maintain stability of soil through pre-watering of site prior to clearing and grubbing, during clearing and grubbing activities, and after clearing and grubbing activities. • Pre-water soils prior to cut and fill activities and stabilize soil during and after cut and fill activities. • Stabilize material while loading to reduce fugitive dust emissions; maintain at least six inches of freeboard on haul vehicles; stabilize material while transporting to reduce fugitive dust emissions; stabilize material while unloading to reduce fugitive dust emissions; and comply with Vehicle Code §23114. Considering the Project would not result in population growth and mass emissions are below the thresholds of significance, the Project would not conflict with or obstruct implementation of the AQMP, and impacts are considered less than significant. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less than Significant Impact The Project would result in short-term air quality impacts from vehicle/equipment exhaust and fugitive dust from ground disturbing activities during construction. Operation phase air quality impacts are expected to be limited to lighting and vehicular traffic on the widened street. As shown in Table 4.3-1, Table 4.3-2, and Table 4.3-3 above, the Project’s estimated construction and operation mass emissions of criterial pollutants 9 Athena Environmental (2018, June 6). CalEEMod Project Air Emissions Calculations 10 South Coast Air Quality Management District (2018). SCAQMD Rule Book. Regulation IV – Prohibitions 9.c Packet Pg. 211 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 21 are below the applicable SCAQMD thresholds of significance. Therefore, the Project is not expected to violate any air quality standard or contribute substantially to an existing or projected air quality violation and potential impacts are considered less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less than Significant Impact The Project would result in emissions of non-attainment criteria air pollutants. However, as shown in Table 4.3-1, Table 4.3-2, and Table 4.3-3 above, the Project’s estimated construction and operation mass emissions are below the SCAQMD quantitative thresholds of significance for all pollutants including PM10, PM2.5, CO, NOX, VOC, and SOX. In addition, compliance with applicable SCAQMD rules and regulations, such as Rule 403 (fugitive dust), would further minimize fugitive dust and its contribution to a cumulative impact. This rule prohibits emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area, such that the dust remains visible beyond the emission source property line. The Project plans to water exposed areas approximately two times a day during active earth work. Since the Project’s anticipated emissions are under the thresholds of significance and because the Project would be subject to compliance with SCAQMD rules and regulations, the Project is not expected to result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or state ambient air quality standard, and potential impacts are considered less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact Sensitive receptors include a class of receivers considered “sensitive” to environmental factors. By definition sensitive receptors include, but are not limited to, residential uses, hospitals, schools, daycare facilities, elderly housing, and convalescent facilities. The Project would be close to residences located along H Street. All off-road construction equipment and some support vehicles are expected to be diesel fueled. Diesel exhaust particulate matter qualifies as a Toxic Air Contaminant by the State of California as defined in California Health and Safety Code §39655. Particulate matter from diesel- fueled engines (diesel PM) contributes over 70% of the known risk from air toxics today. Reducing the public’s exposure to diesel PM is one of ARB’s highest priorities, with an aggressive plan to require cleaner diesel fuel and cleaner diesel engines and vehicles. As a result, trucks and cars today are 95% cleaner than just 30 years ago.11 Construction activity would be short-lived and would be required to comply with applicable SCAQMD rules and regulations to ensure a clean construction site. The Project would increase the capacity of the street segment but would not induce an increase in traffic congestion. Construction and operation of the Project would not exceed any thresholds of significance for criteria pollutants. As shown in Table 4.3-1, Table 4.3-2, and Table 4.3-3, the Project’s estimated construction and operation mass emissions are below the applicable SCAQMD 11 California Air Resources Board (2018). Reducing Toxic Air Pollutants in California’s Communities 9.c Packet Pg. 212 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 22 thresholds of significance. Therefore, the Project is not expected to expose sensitive receptors to substantial pollutant concentrations and potential impacts are less than significant. e) Create objectionable odors affecting a substantial number of people? Less than Significant Impact Odors are one of the most obvious forms of air pollution to the general public. Odors can present significant problems for both the source and the surrounding community. Although offensive odors seldom cause physical harm, they can cause agitation, anger, and concern to the general public. Most people determine an odor to be offensive (objectionable) if it is sensed longer than the duration of a human breath; typically, two to five seconds. Potential odors associated with the Project would be diesel exhaust during the construction period. However, construction vehicle emissions at the Project site would be short-term, intermittent, and subject to air dispersion. These odors, if perceptible, are common in the environment, would dissipate rapidly as they mix with the surrounding air, and would be of very limited duration. In addition, the Project would be subject to compliance with SCAQMD’s Rule Book Regulation IV – Prohibitions, Rule 402, regarding nuisance. SCAQMD Rule 402 states, “A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public or which cause, or have a natural tendency to cause, injury or damage to business or property12.” The Project contractor would be subject to enforcement with said rules. Therefore, any potential odor impacts would be considered less than significant. 12 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report, Chapter 5 Environmental Analysis. Page 5.2-22 9.c Packet Pg. 213 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 23 4.4 Biological Resources Issues Potentially Significant Impact Less Than Significant Impact with Mitigation Incorporated Less Than Significant Impact No Impact BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact H Street between Kendall Drive and 40th Street is urbanized. While the street is landscaped with ornamental lawn, shrubs, and trees in some sections, the Project is located in an area that does not provide linkage to wildlife corridors and native habitat that would support candidate, sensitive, or special status species in local or regional 9.c Packet Pg. 214 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 24 plans, policies, or regulations protected by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service.13 Flora and fauna species that exist in the Project area are considered common, rather than endangered or threatened species. No impact to any state or federal protected species directly or through habitat modification is anticipated. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact Riparian habitat is associated with areas that become saturated with water from surface or groundwater resources and retain enough water to enable riparian flora and fauna to thrive. Given ongoing development pressures of urbanization, coupled with insensitive development patterns, natural riparian habitat systems are often lacking in urban areas. Such is also true of other sensitive habitats, such as native grasslands, scrub habitat, or forest lands. The Project site is urbanized street right-of-way. No impact to sensitive habitat would result from the Project. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact The City of San Bernardino contains three large watercourses (i.e., Cajon Canyon Wash, Lytle Creek Wash, and the Santa Ana River) that traverse portions of the City as tributaries within the Santa Ana watershed and that are determined to be “waters of the U.S.” under Section 404 of the Clean Water Act. Several tributaries, including East Twin Creek, Warm Creek, Lytle Creek, and City Creek traverse the urbanized portions of the City as flood control channels and canals that are tributary to the Santa Ana River. Within the developed area of the northwest portion of the City drainage features have been modified for flood control, including reservoirs, flood control basins, and percolation basins constructed to receive flow from drainages including Devil Canyon, Bailey Canyon, West Twin Creek, and East Twin Creek.14 A sandy, rock bottom open flood control channel, referred to as Devil Creek Channel, traverses under H Street near Kendall Drive in the Project area to a flood control basin, referred to as Little Mountain Basin on Google Maps. The approximately 40-foot-wide flood control channel is dry and devoid of vegetation, and the approximately 1,609-foot-wide flood control basin is dry with a bottom of ruderal grasses. The Project would not result in any direct physical impacts to the flood control channel or the detention basin, and no impact to protected wetlands would result from the Project. 13 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report, Chapter 5 Environmental Analysis. Figure 5.3-1 Potential Habitat for Sensitive Species. Page 5.3-5 14 Ibid., Pages 5.13-18 and 5.13-19 9.c Packet Pg. 215 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 25 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant Impact with Mitigation Incorporated The Project site does not provide habitat for migratory fish, and the Project is located in an urbanized area that does not provide linkage to wildlife corridors and native habitat. However, while the Project area does not have native habitat due to urbanization, the Project area is lined with ornamental trees near the middle of the street that could provide nesting habitat to birds protected under the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code §3503, §3503.5, and §3513, such as ducks, geese, songbirds, gulls, shorebirds, wading birds, and/or birds of prey. If Project activities occur during the bird nesting season (typically February 15 through September 1), a nesting bird survey should be performed prior to construction to attenuate the potential for significant impact to migratory birds. The following mitigation measure would reduce potential impacts to migratory birds to less than significant. Mitigation Measure BIO-1 Conduct Nesting Bird Surveys. To the extent feasible, conduct vegetation removal outside of the nesting bird season (generally between February 15 and September 1). If vegetation removal is required during the nesting bird season, conduct take avoidance surveys for nesting birds within 100 feet of areas proposed for vegetation removal. Surveys should be conducted by a qualified biologist(s) within 3 days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers or other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction-related activities, staggered schedules) to ensure that impacts to nesting birds are avoided until the nest is no longer active. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact If any tree trimming or removal becomes necessary for construction of the Project, adherence with the CMC Chapter 12.40 Street Trees would be required. Section 12.40.060, Authorized removal of tree – criteria, authorizes the Director of Public Services to remove or approve the removal of those trees that which: diseased; constitute a traffic hazard; threaten to damage sidewalks, curbs or gutters; are not in conformity with adopted specifications; interfere with street widening; are located in a business district; obstruct the moving of houses; block proposed driveways or entrances to private property; or interfere with or damage sewers or water lines. With adherence to the City code, impacts would be less than significant. 9.c Packet Pg. 216 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 26 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact The Project site is not located within an adopted Habitat Conversation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. As a result, the Project would not conflict with any applicable habitat or natural community conservation plans. 9.c Packet Pg. 217 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 27 4.5 Cultural Resources Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact CULTURAL AND PALEONTOLOGICAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact According to §15064.5 of the CEQA Guidelines, generally, a resource is considered “historically significant” by a lead agency if the resource meets the criteria for listing on the California Register of Historical Resources (California Public Resources Code, §5024.1, Title 14 CCR, §4852) including the following: (A) is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (B) is associated with the lives of persons important in our past; (C) embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) has yielded, or may be likely to yield, information important in prehistory or history. A historical resource could be an object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant based on the above-stated criteria, provided the lead agency's determination is supported by substantial evidence in light of the whole record. The Project would result in improvements to the existing street right-of-way. A few mailboxes located at the frontage of homes along H Street would need to be relocated for widening of the Project. However, no impairment to existing residents or commercial businesses along H Street would result. As proposed, the Project would not cause a substantial adverse change to the significance of historic resources as defined in CEQA Guidelines §15064.5 and no impacts are anticipated. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than Significant Impact with Mitigation Incorporated According to the Figure 5.4-2 Archaeological Sensitivities of the City’s General Plan EIR, the Project isn’t located in an area with high potential for archeological resources. 9.c Packet Pg. 218 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 28 Improvements to H Street for the Project would result in relatively shallow subsurface impacts and occur primarily within areas of existing engineered fill material resulting from the original development of H Street and its residences and businesses between Kendall Drive and 40th Street. While Project improvements are not anticipated to impact native base rock or native soils that could contain unique archaeological sites deemed significant per §15064.5 of the CEQA Guidelines, Mitigation Measure CULT-1 would reduce the potential for impact to less than significant. Mitigation Measure CULT-1 Archeological Resources. If unanticipated cultural resources are unearthed during construction excavations, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery until the discovery can be evaluated by a qualified paleontologist to assess the significance of such resources and shall meet with the City Director of Development Services to assess the significance of such resources and shall meet and confer regarding mitigation for such resources in order to comply with California Public Resources Code §21083.2(b). c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact with Mitigation Incorporated Paleontological fossils are typically encountered during grading in geologic formations that contain important non-human fossil. The Project would result in shallow subsurface impacts within a developed area that contains engineered fill material within street right of way. While Project improvements are not anticipated to impact native base rock or native soils that could contain unique paleontological sites, implementation of Mitigation Measure CULT-2 would reduce the potential for significant impact to paleontological resources to less than significant. Mitigation Measure CULT-2 Paleontological Resources. If unanticipated paleontological resources are unearthed during construction excavations, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery until the discovery can be evaluated by a paleontologist to assess the significance of such resources and shall meet with the City Director of Development Services to confer regarding mitigation for such resources in order to comply with California Public Resources Code §5097.5. 9.c Packet Pg. 219 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 29 d) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation Incorporated The closest cemetery to the proposed Project alignment is Mountain View Mortuary located approximately 1.27 miles south of H Street and Kendall Drive. Project activity would not impact the cemetery. Though unlikely, Mitigation Measure CULT-3 would reduce impacts to human remains to less than significant. Mitigation Measure CULT-3 Human Remains. If human remains are encountered, California Health and Safety Code §7050.5 states that no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code §5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendants(s)" for purposes of receiving notification of discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in Public Resources Code §5097.98. 9.c Packet Pg. 220 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 30 4.6 Geology and Soils Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving? i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction. iv) Landslides b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction of collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving? i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less than Significant Impact The main purpose of the Alquist-Priolo Earthquake Fault Zoning Act is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. It requires any structure for human occupation to be set back atleast 50-foot from an active fault. According to the California Geologic Survey (CGS), faults are classified as 9.c Packet Pg. 221 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 31 active, potentially active, or inactive. Under Alquist-Priolo Earthquake Fault Zoning Map Act, the State of California defines active faults as faults that have historically produced earthquakes or shown evidence of movement within the past 11,000 years (during the Holocene Epoch).15 The Project site is located in the seismically active Southern California region characterized by major faults and fault zones. The principal source of seismic activity in the City of San Bernardino is the San Andreas, San Jacinto, Glen Helen, and Loma Linda fault zones.16 San Andreas Fault System is nearest to the Project site and located approximately 1.4 miles to the north. Policy 10.7.3 enforces the requirements of the California Seismic Hazards Mapping and Alquist-Priolo Earthquake Fault Zoning Acts when siting, evaluating, and constructing new projects within the City. Based on the General Plan Alquist-Priolo Study Zones, the Project site is not located within a currently designated Alquist-Priolo (AP) Earthquake Fault Zone17 and impacts to people or structures, including risk of loss, injury, or death, would be less than significant. ii) Strong seismic ground shaking? Less than Significant Impact The subject site, like the rest of Southern California, is located within a seismically active region as a result of being located near the active margin between the North American and Pacific tectonic plates. Because of the potential for geologic and seismic hazards in the City, the City adopted policies for the protection of the community against geologic and seismic hazards pursuant to California Government Code §65302. Policy 10.7.2 Require geologic and geotechnical investigations for new development in areas adjacent to known fault locations and approximate fault locations as part of the environmental and/or development review process and enforce structural setbacks from faults identified through those investigations. The Project involves improvements to the existing right of way for safety and utility on H Street and does not involve new development. Therefore, impacts to people or structures, including risk of loss, injury, or death, associated with seismic ground-shaking would be less than significant as a result of the Project. iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact Ground shaking can induce “secondary” seismic hazards such as liquefaction, dynamic densification, and ground rupture, including dynamic settlement (liquefaction and/or dry settlement). Liquefaction is the transformation of a granular material from a solid state into a liquefied state due to increased pore-water pressures. Soils and clastic sediment with particle size in the medium sand to silt range are particularly susceptible to liquefaction when they are saturated with water and shaken by an earthquake. Liquefaction at or near the surface can result in foundation failure and property damage.18 No groundwater was encountered in any of the four shallow exploratory hand- 15 California Department of Conservation, Division of Mines and Geology. The Alquist -Priolo Earthquake Fault Zoning Act. 16 City of San Bernardino (2005, November 1). General Plan. Chapter 10 Safety. Page 10-17 17 Ibid., Figure S-3 Alquist-Priolo Fault Zone. Pages 10-18 18 City of San Bernardino (2018). City Municipal Code 9.c Packet Pg. 222 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 32 augered borings and indication of a static, near-surface groundwater table were not observed during the exploration for the Project-specific Groundwater Investigation Report prepared by NV5 in April 2018. According to the Liquefaction Susceptibility map the of the City’s General Plan, the Project is located approximately 1 mile west of areas of moderate to high liquefaction potential. In addition, the Project would comply with CMC Chapter 15.08 Liquefaction for development of the Project. The Geotechnical Investigation Report recommends continuous observation by the Geotechnical Engineer during construction for evaluation of the soil conditions as they are encountered, and allows the opportunity to recommend appropriate revisions where necessary. Therefore, potential impacts associated with seismic-related failure, including liquefaction, are considered less than significant. iv) Landslides? Less than Significant Impact The Project site is located in street right of way, developed with asphalt and concrete, and is relatively level. According to the Slope Stability and Major Landslides map in the City’s General Plan,19 the Project area is not located immediately in a landslide hazard area. As a result, the potential for a landslide would be considered less than significant for the Project area. b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact The Geological Investigation Report performed by NV5 and located in Appendix C of this IS/MND observed sand and gravel located beneath the asphalt concrete within the four core/borings investigated for the Project. Construction of the Project could result in soil erosion or loss of topsoil during grubbing and grading activity. In existing areas of pavement that exhibit minor cracking and with no extreme distress or deterioration, the report recommends pavement overlays. Where viable, pavement overlays require a minimum of one-inch pavement grinding prior to the overlay of fresh pavement surface. In areas that would require topsoil exposure for construction of new pavement, exposed soils would be compacted and paved over quickly. As a result, soil erosion or loss of topsoil would be less than significant as a result of the Project. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction of collapse? Less than Significant Impact The Project would comply with all geotechnical earthwork and grading specifications outlined in Project-specific Geotechnical Investigation Report signed by the Project geotechnical engineer and located in Appendix B of this IS/MND. The report provides recommendations for pavement preparation based on existing subgrade soil, compaction requirements, slope stability, drainage, soil corrosivity and other pertinent geotechnical 19 City of San Bernardino (2005, November 1). General Plan, Chapter 10 Safety. Figure S-7 Slope Stability and Major Landslides. Page 10-33 9.c Packet Pg. 223 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 33 items. The project site is not located in an area susceptible to landslide as the site and the surrounding area is flat. Compliance with the Project-specific pavement investigation and report, City municipal code (e.g., CMC Title 12, Streets, Sidewalks, and Public Places and Title 15, Building and Construction) and General Plan safety goals and policies would render impacts resulting from geologic stability to less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building code (1997), creating substantial risks to life or property? Less than Significant Impact Expansive soils shrink when dry and swell when wet as a result of a high percentage of clay. Expansion can exert enough pressure to crack sidewalks, driveways, basement floors, pipelines, and even foundations. Subgrade soils on the Project site are composed of sand and gravel20. Existing fill should be considered suitable for re-use as compacted fills provided recommendations of the Project-specific Geotechnical Investigation Report is adhered to during construction of the Project. Compliance with the geotechnical investigation report and applicable City building and construction codes would lessen impacts associated with any potential for expansive soils to less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact The Project does not involve the use of septic tanks or alternative waste disposal systems. Therefore, no impact related to incapability of soil to support the use of septic tanks or alternative wastewater disposal systems would occur. 20 NV5 (2018, April 2). Environmental and Civil Engineering Serv ices for the Widening of H Street San Bernardino, California. Pages 2-3 9.c Packet Pg. 224 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 34 4.7 Greenhouse Gases Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact GREENHOUSE GASES: Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact Greenhouse gas (GHG), as codified in CEQA Guidelines §15364.5, includes but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluoro- carbons, and sulfur hexafluoride. Greenhouse gases are gases that cause and contribute to climate change, commonly referred to as global warming. They vary in potency and are usually measured in tons or million metric tons of carbon dioxide equivalents. Transportation followed by electricity generation and natural gas used in buildings are the largest sources of California’s GHG emissions.21 As legislation like Assembly Bill 32 (California Global Warming Solution Act of 2006), California Senate Bill 97 and Executive Order S-3-05 have brought the requirement for GHG reductions to the forefront of Californian conscientious, GHG reductions have become important through increased vehicle fuel efficiency, building energy efficiency, and increased reliance on renewable energy sources. Project construction would occur with minimal equipment over an 80-working period and is not anticipated to create any substantial long-term GHGs for the Project area. Operation GHG emissions are expected to be limited to existing street lighting and existing vehicular traffic. Project construction and operation GHG emissions have been estimated using the CalEEMod 2016.3.1. Estimated total Project construction and annual operation GHG emissions are presented below in Table 4.7-1. Refer to Appendix A of this IS/MND for a review of the CalEEMod Project air emissions calculations. 21 Institute of Local Government (2011, September). Evaluating Greenhouse Gas Emissions as Part of California’s Environmental Review Process: A Local Official’s Guide 9.c Packet Pg. 225 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 35 Table 4.7-1 Estimated Project GHG Emissions CO2e* Emissions (Metric Tons per Year) Construction Total 60.40 Operation total (per year) 2.2600e- 003 Source: Athena Environmental (2018, June 6) CalEEMod Project Air Emissions Calculations. (*) = Carbon dioxide equivalent The CARB GHG threshold for industrial facilities is 10,000 MT per year CO2eq.22 However, to date, neither CARB, SCAQMD, nor the City of San Bernardino have adopted significance thresholds for GHG emissions for street maintenance under CEQA. Considering the short-term nature of construction activities as well as the minimal total GHG emissions estimated for Project construction and operation, the Project is not expected to generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. Therefore, potential impacts associated with GHG emissions from the Project would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact The Project envisions improving H Street between Kendall Drive and 40th Street. While the Project would enable increased level of vehicular service on H Street in the Project alignment it would not cause an increase in population or traffic. The Project would improve the street with sidewalks enabling greater pedestrian use, which could contribute to a reduction of car use in the neighborhood and thereby contribute to a small reduction in GHGs. Given that the Project would not induce an increase in population or traffic, it is anticipated that construction of the Project would not generate GHG emissions that would impact the regional GHG attainment goals as identified in Table 4.7-1 above. Therefore, the Project would not impact an applicable plan, policy, or regulation related to GHG emissions. 22 South Coast Air Quality Management District (2018). Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008 9.c Packet Pg. 226 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 36 4.8 Hazards and Hazardous Materials Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? f) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact with Mitigation Incorporated Construction activities associated with the proposed Project would use small quantities of hazardous and flammable substances routinely utilized in the operation of equipment and vehicles, including but not limited to, oil, diesel fuel, and transmission fluid. Transport, use, or disposal of these hazardous substances during construction would occur according to instructions provided by the product manufacturer, including proper methods of storage and disposal. The potential for the release of these materials is considered low and, even if a release were to occur it would not result in a significant hazard to the public, surrounding uses, or the environment due to the small quantities of these materials associated with construction and operation. However, to ensure the Project area is kept clean and free of hazards during construction, the Project would implement Mitigation Measure HAZ-1 described below. Therefore, the 9.c Packet Pg. 227 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 37 proposed Project would have a less than significant impact with mitigation incorporated on the public or the environment as a result of the routine transport, use, or disposal of hazardous materials. Mitigation Measure HAZ-1 Spill Prevention and Clean-up Best Management Practices. To reduce the potential for materials and pollutants associated with construction to be discharged to the environment, the Project Proponent will implement the following: • Containment and cleanup equipment (e.g., absorbent pads, mats, socks, granules, drip pans, shovels, and lined clean drums) will be at the staging areas and construction site for use, as needed. • Staging areas where refueling, storage, and maintenance of equipment occur will not be located within 100 feet of drainages to reduce the potential for contamination by spills. • Construction equipment will be maintained and kept in good operating condition to reduce the likelihood of line breaks or leakage. • No refueling or servicing will be done without absorbent material (e.g. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled material. If these activities result in an accumulation of materials on the soil, the soil will be removed and disposed of properly. • If a spill is detected, construction activity will cease immediately, and the Contractor will immediately react to safely contain and remove spilled materials. • Spill areas will be restored to pre-spill conditions, as practicable. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact with Mitigation Incorporated The Project would involve the use of asphalt, slurry seal, paint, and solvents during construction. Use and storage of such hazardous materials would be required to comply with product labeling. As discussed above in item 4.8 a), the Project would implement spill prevention and clean-up best management practices identified in Mitigation Measure HAZ-1 described above to reduce the potential for the release of hazard to the public or the environment through during construction of the Project. As a result, impacts to the public and environment from hazardous materials would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact with Mitigation Incorporated The Project would involve the use of asphalt, slurry seal, paint, and solvents during construction use and storage of which would be required to comply with product labeling. Newmark Elementary School is the nearest school to the Project site located approximately 2,904 feet to the northwest of the anticipated construction route. The 9.c Packet Pg. 228 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 38 proposed Project does not involve transporting or emitting acutely hazardous materials that could result in a danger to a nearby school. As described in question 4.8 a) and b) above, to ensure the Project area is kept clean and free of hazards during construction, the Project would implement Mitigation Measure HAZ-1 described above. Impacts resulting from emission of acutely hazardous materials would be less than significant impact with mitigation incorporated. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact The proposed Project is not located on a site included on a list of hazardous materials sites compiled pursuant to California Government Code §65962.5. (www.envirostor.dtsc.ca.gov/public/ or http://geotracker.waterboards.ca.gov accessed on June 4, 2018). No impact would occur. e) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact The City of San Bernardino Emergency Plan details the functional responsibilities and interactions of the federal, state, and local governmental agencies as well as private organizations in the event of natural and/or human-related disasters. Included within the natural disaster category are earthquakes, geologic hazards, floods, and fires. Potential human-related disasters include hazardous materials incident, nuclear attack, and transportation-related accidents.23 The Project would enable through traffic and access to the residential and commercial uses within the Project alignment during construction and operation. The proposed Project would not conflict with emergency response access or procedures associated with an emergency response plan or evacuation plan. In addition, the Project would comply with fire codes and regulations. Impacts are considered less than significant. f) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less than Significant Impact The Project site is located in an urbanized part of the City and is not located in or near a wildland arear or a designated high fire hazard zone.24 The Project would not expose people or structures to wildland fires and impacts would be less than significant. 23 City of San Bernardino (2005, November 1). General Plan, Chapter 10 Safety. Page 10-45 24 Ibid., Page 2-43 9.c Packet Pg. 229 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 39 4.9 Hydrology and Water Quality Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Result in an increase in pollutant discharges to receiving waters? (Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants [e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances and trash].) g) Result in significant alteration of receiving water quality during or following construction? h) Result in increased impervious surfaces and associated increased runoff? i) Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? j) Result in increased erosion downstream? k) Result in an increase in any pollutant for which a downstream water body is already impaired, as listed on the Clean Water Act Section 303(d) list? 9.c Packet Pg. 230 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 40 Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact l) Exacerbate already existing sensitive conditions to downstream environmentally sensitive area? m) Have a potentially significant adverse impact on the surface water quality of either marine, fresh or wetland waters? n) Have a potentially significant adverse impact on ground water quality? o) Cause or contribute to an exceedance of applicable surface of groundwater receiving water quality objectives, policies or degradation of beneficial uses? p) Impact aquatic, wetland or riparian habitat? q) Otherwise substantially degrade water quality? r) Place housing within 100–year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? s) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? t) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? u) Inundation by seiche, tsunami or mudflow? a) Violate any water quality standards or waste discharge requirements? Less than Significant Impact with Mitigation Incorporated The proposed Project would increase impervious surfaces due to the expansion from one lane to two lanes in either direction of H Street within the Project alignment. However, the existing storm drain system would adequately convey the 100-year flow rates; adequately treat the onsite flows for water quality purposes; and adequately address hydromodifications and mitigation for increased runoff on the Project site prior to entering the storm drain system in H Street. As a result, the Project would not result in downstream water pollution (e.g., bacterial indicators, metals nutrients pesticides, toxic organic compounds, sediments trash & debris, oil & grease), sedimentation, and/or flooding. Potential short-term surface water quality impacts related to Project construction activities include runoff of loose soils and/or construction wastes and fuels that could potentially percolate into the ground. However, the Project would be required to comply with Section 402 of the Clean Water Act, which requires the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction 9.c Packet Pg. 231 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 41 impacts to 1 acre or more. Therefore, implementation of HYD-1 identified below would reduce impacts to less than significant. Implementation of the preliminary Project WQMP and Mitigation Measure HYD-1 would reduce impacts on water quality standards during construction to less than significant. Mitigation Measure HYD-1 Prepare and Implement Storm Water Pollution Prevention Plan (SWPPP). Prior to issuance of any Grading or Building Permit, and as part of the future development’s compliance with the NPDES requirements, a Notice of Intent shall be prepared and submitted to the Santa Ana Regional Water Quality Control Board (RWQCB) providing notification and intent to comply with the State of California General Construction Permit. Also, a SWPPP shall be reviewed and approved by the Director of Public Works and the City Engineer for water quality construction activities on-site. A copy of the SWPPP shall be available and implemented at the construction site at all times. The SWPPP shall outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the “maximum extent practicable.” All recommendations in the Plan shall be implemented during area demolition/preparation, grading, and construction. The Project shall comply with each of the recommendations detailed in the Plan, and other such measure(s) as the City deems necessary to mitigate potential storm water runoff impacts. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact According to the Geotechnical Investigation Report prepared by NV5 in April 2018, groundwater was not encountered in the field within any of the four cores/borings explored within H Street from Kendall Drive to 40th Street. The Project would widen and resurface the existing roadway and would not involve the extraction of groundwater. The Project is not anticipated to alter or deplete groundwater supplies or interfere with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No impact to groundwater would occur as a result of the Project. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Less than Significant Impact No stream or river exists on the Project site. The existing site drainage involves sheet flow into the City’s municipal separate storm sewer system (MS4), commonly referred to as the storm drain system. In its built condition, the proposed Project would slightly 9.c Packet Pg. 232 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 42 increase impervious surface with the expansion of pavement to accommodate two lanes in either direction. Storm flows would continue to be accommodated by the City’s storm drain system and impacts would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Less than Significant Impact No stream or river exists on the Project site. The existing site drainage involves sheet flow into the City’s storm drain system. In its built condition, the proposed Project would slightly increase impervious surface with the expansion of pavement to accommodate two lanes in either direction. Storm flows would continue to be accommodated by the storm drain system and impacts would be less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact While the Project would result in a slight increase in impervious surface for the widening of the street, the Project would not increase impervious surfaces and/or nuisance and storm flows such that flows could not be accommodated by the existing storm drain system. Therefore, the Project would not result in runoff that would exceed the capacity of existing or planned storm water drainage systems or result in downstream water pollution (e.g., pathogens, sedimentation, metals, hydrocarbons, nitrates). Impacts from Project runoff water to the storm drain system or water quality would be less than significant. f) Result in an increase in pollutant discharges to receiving waters? (Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants [e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances and trash].) Less than Significant Impact with Mitigation Incorporated For construction water quality, the Project would be required to comply with Section 402 of the Clean Water Act, which requires the preparation and implementation of a SWPPP for impacts to 1 acre or more to ensure that pollutants are not discharged offsite and into the storm drain system during construction of the Project. While nuisance and storm flows would slightly increase in the Project’s built condition as a result of the addition of impervious surface (i.e., pavement), any pollutants in nuisance or stormflows would reflect that on the existing street segment of H Street (e.g., vehicular gas, oil, and transmission fluid or fertilizer and pesticides from residential gardens). The Project would not result in a significant impact to water quality of receiving waters during Project operation and implementation of Mitigation Measures HYD-1 would ensure that adverse impacts to water quality (i.e., pollutant discharge) are less than significant during construction. 9.c Packet Pg. 233 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 43 g) Result in significant alteration of receiving water quality during or following construction? Less than Significant Impact with Mitigation Incorporated The Project would not result in a significant alteration of receiving water quality as discussed above. In addition, the Project would implement BMPs associated with Mitigation Measure HYD-1, described in item a) above, during construction activities to minimize the potential of alteration, upset or depletion of hydrologic features. Impacts are anticipated to be less than significant with mitigation incorporated. h) Result in increased impervious surfaces and associated increased runoff? Less than Significant Impact The Project would increase impervious surfaces for development of an additional travel lane in either direction, curb and gutter, and 6-foot sidewalks in either direction. Roadway runoff would be conveyed into the existing storm drain system that has the capacity to handle the flows generated by the proposed Project at completion. The MS4 would alleviate any potential for substantial increase in associated runoff. Impacts would be less than significant. i) Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? Less than Significant Impact The Project would only slightly increase impervious surface impacting percolation of nuisance and stormflows. Any runoff from H Street after improvements would not result in impact to drainage patterns, which would continue to flow into the MS4 and ultimately through the storm drain system east to the existing detention basin. As a result, impacts would be less than significant. j) Result in increased erosion downstream? Less than Significant Impact with Mitigation Incorporated The potential for downstream sedimentation during construction of the Project is possible given exposure of dirt during construction and the proximity of storm drain inlets along H Street. However, the Project would implement Mitigation Measure HYD-1 during construction activity and thereby reduce the potential for increased erosion downstream to less than significant with mitigation incorporated. k) Result in an increase in any pollutant for which a downstream water body is already impaired, as listed on the Clean Water Act Section 303(d) list? No Impact The Project site would not contribute storm drain flows to any natural stream or river. Any nuisance or stormflows would enter the storm drain system and flow into an approximately 26-acre detention basin approximately 360-feet east of the Project site. The storm drain system isn’t listed on the Santa Ana RWQCB’s 303(d) listed water bodies. No impact to an existing 303(d) listed water body is anticipated as a result of the Project. 9.c Packet Pg. 234 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 44 l) Exacerbate already existing sensitive conditions to downstream environmentally sensitive area? No Impact The Project would not adversely impact sensitive conditions downstream. As discussed above, nuisance and storm flows would enter the storm drain system in H Street and flow into a large detention basin east of the Project site. No impact to a downstream environmentally sensitive area would result from the proposed Project. m) Have a potentially significant adverse impact on the surface water quality of either marine, fresh or wetland waters? No Impact The Project would not adversely impact sensitive conditions downstream, including to a marine, freshwater, or wetland area. As discussed above, nuisance and storm flows would enter the storm drain system in H Street and flow into a large detention basin east of the Project site. No impact to marine, freshwater, or wetland waters would result from the proposed Project. n) Have a potentially significant adverse impact on ground water quality? No Impact The Project would involve surface improvements to the street in the Project alignment. According to the Geotechnical Investigation Report prepared by NV5 in April 2018 and located in Appendix B of this IS/MND, no groundwater was encountered during the field testing. Additionally, as identified in question a) above, the Project would implement Mitigation Measures HYD-1 requiring preparation of a SWPPP. The SWPPP shall outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the “maximum extent practicable.” All recommendations in the SWPPP shall be implemented during area demolition/preparation, grading, and construction. No impact to ground water quality would occur as a result of the Project. o) Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives, policies or degradation of beneficial uses? Less than Significant Impact with Mitigation Incorporated For construction water quality, the Project would be required to comply with Section 402 of the Clean Water Act, which requires the preparation and implementation of a SWPPP for impacts to 1 acre or more to ensure that pollutants are not discharged offsite and into the storm drain system during construction of the Project. While nuisance and storm flows would slightly increase in the Project’s built condition as a result of the addition of impervious surface (i.e. pavement), any pollutants in nuisance or stormflows would reflect that on the existing street segment of H Street (e.g., vehicular gas, oil, and transmission fluid or fertilizer and pesticides from residential gardens). The Project would not result in a significant impact to water quality of receiving waters during Project operation and implementation of Mitigation Measures HYD-1 would ensure that adverse impacts to water quality (i.e. pollutant discharge) are less than significant during construction. 9.c Packet Pg. 235 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 45 In addition, implementation of Mitigation Measure HYD-1 would ensure that adverse impacts to water quality (i.e., pollutant discharge) are less than significant with mitigation incorporated. p) Impact aquatic, wetland or riparian habitat? No Impact No aquatic, wetland, or riparian habitat exists on the Project site or immediately downstream. The Project would not adversely impact riparian areas downstream. As discussed above, nuisance and storm flows would enter the storm drain system in H Street and flow into a large detention basin east of the Project site. No impact to riparian areas would result from the proposed Project. q) Otherwise substantially degrade water quality? Less than Significant Impact with Mitigation Incorporated Potential short-term surface water quality impacts related to Project construction activities include runoff of loose soils and/or construction wastes, fluids, or fuels that could potentially percolate into the soil. To attenuate potential impacts associated with surface runoff and water quality standards, the proposed Project would implement Mitigation Measures HYD-1, described in question a) above. As a result, impacts on water quality standards would be less than significant with mitigation incorporated. r) Place housing within 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The Project would widen the existing street and does not involve placement of housing. Th Project site is not located within a 100-year flood hazard area. (insert reference). No impact would occur. s) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? No Impact The Project site is not located within a FEMA 100-year flood zone. The open flood control drainage that travels west/east under the southern end of H Street and detention basin to the immediate east are within the 100-year flood zone.25 No impact would occur. 25 City of San Bernardino (2005, November 1). General Plan, Chapter 10 Safety. Figure S-1 100-Year Flood Plain. Page 10-13 9.c Packet Pg. 236 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 46 t) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact The Project would widen and improve an existing road and would not create an increased flood risk to people or structures. The closest dam is the Seven Oaks Dam, located approximately 11.96 west of the Project site. The Project isn’t located in the Seven Oaks Dam inundation area26. No impact would occur. u) Inundation by seiche, tsunami or mudflow? No Impact The Project is located inland and away from any open water source or flood control dam that could result in a seiche, tsunami, or mudflow. No impact would occur. 26 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report, Chapter 5 Environmental Analysis. Figure 5.7-2 Seven Oaks Dam Inundation. Page 5.7-11 9.c Packet Pg. 237 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 47 4.10 Land Use and Planning Issue Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Physically divide an established community? No Impact The Project would result in functional improvement to H Street between Kendall Drive and 40th Street both for vehicular and pedestrian use. The Project would not introduce any development that would have the potential to physically divide an established community. The proposed Project would have a less than significant impact on an established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The Project would not result in any changes to existing zoning or land use within the Project alignment and would not otherwise conflict with any existing land use plan, policy, or regulation as it relates to development of the Project site. The Project site is located within southeastern portion of the University Strategic Area. One strategy applicable to the Project for the area is neighborhood revitalization to improve the appearance and incorporate the design and landscape guidelines developed for the area, including but not limited to, landscaping, lighting, facade improvements, and safety (e.g., Neighborhood Watch programs).27 The Project would improve safety on H Street within existing right-of-way to include an additional travel lane, curb and gutter, sidewalks, parking and street lights in either direction. The Project would not be inconsistent with a 27 City of San Bernardino (2005, November 1). General Plan, Chapter 2 Land Use. Page 2 -56 9.c Packet Pg. 238 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 48 land use plan, policy, regulation, general plan, specific plan, or zoning ordinance. No impact is anticipated. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact The Project is not located in a habitat conservation plan area or natural community conservation plan. The Project would not conflict with any applicable habitat or natural community conservation plans and no impacts are anticipated. 9.c Packet Pg. 239 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 49 4.11 Mineral Resources Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact Several areas within the San Bernardino region have been classified as Mineral Resource Zone 2 (MRZ-2). MRZ-2 are areas where the available geologic information indicates that there are significant mineral deposits or that there is a likelihood of significant mineral deposits.28 However, the Project site is located in an area classified as MRZ-1 where no significant mineral deposits are likely to be present.29 The Project would have no impact on protected mineral resources. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact Mineral resources have been identified within the City of San Bernardino; however, no mineral resource recovery sites are known to exist in this area. No records of mineral resource recovery at the Project site, according to the City General Plan. No impact to mineral resource recovery would occur as a result of implementing the Project. 28 City of San Bernardino (2005, November 1). General Plan, Chapter 2 Land Use. Pages 2-12 to 2-13 29 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report, Chapter 5 Environmental Analysis. Figure 5.9-1 9.c Packet Pg. 240 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 50 4.12 Noise Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact with Mitigation Incorporated The Project would result in short-term construction noise associated with site preparation, grading, and paving of the widened street, curbs, gutters, and sidewalks. Pursuant to Section 8.54.070 of the CMC, construction activities are prohibited between the hours of 8:00 p.m. and 7:00 a.m. Additionally, Section 8.54.020 Prohibited Acts prohibits the operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, or any other tool or apparatus, the use of which is attended by loud and excessive noise, except with the approval of the City. Construction noise for the transport of construction workers and equipment along the local access roads and noise generated at the job site during site preparation, grading, and building construction would incrementally increase during construction. The ordinance also mandates that construction activities shall be conducted in a manner that the 9.c Packet Pg. 241 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 51 maximum noise levels at the affected structures would not exceed those listed in Table 4.12-1. Table 4.12-1 City of San Bernardino Interior and Exterior Noise Standards Residential Medium (RM) Commercial General (CG-1) Interior Daily, except Sundays and holidays, 7:00 a.m. to 8:00 p.m. 45 dBA 55 dBA Exterior Daily, except Sundays and holidays, 7:00 a.m. to 8:00 p.m. 65 dBA -- The City does not exempt construction activities from compliance with the City’s Noise Ordinance. Construction noise is one of the most common mobile noise sources in the City and the use of pile drivers, drills, trucks, pavers, graders, and a variety of other equipment can result in short, sporadic elevated noise levels. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Construction noise reduction methods should be utilized to the maximum extent feasible near sensitive receptors, such as homes. Operational noise from vehicles and pedestrians utilizing H Street in the Project alignment could result in an incremental increase in noise levels. However, since the Project is not itself growth-inducing, any incremental increase in noise is not anticipated to result in exceedance of noise level standards and therefore would not be readily audible over ambient noise levels at any of the nearby sensitive receptors, namely the homes along H Street. Project operational noise would comply with the goals and policies of the City’s General Plan and is not expected to expose sensitive receptors to excessive noise levels. To attenuate any potential nuisance from noise generated during construction of the Project, Mitigation Measures N-1 is proposed to reduce impacts to less than significant. Mitigation Measure N-1 Implement Best Management Practices for Construction Noise. In addition to adherence with the construction hours of operation and noise standards presented in the CMC Section 18.54.070, the following measures are recommended to reduce construction and operation noise and vibrations emanating from the proposed project to less than significant: 1. During all project site excavation and grading on‐site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. 2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. 9.c Packet Pg. 242 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 52 3. Equipment shall be shut off and not left to idle when not in use. 4. The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 5. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. 6. Limit the use of heavy equipment or vibratory rollers and soil compressors along the project boundaries to the greatest degree possible. It is acknowledged that some soil compression may be necessary along the project boundaries. 7. If used, jackhammers, pneumatic equipment and all other portable stationary noise sources shall be shielded and noise shall be directed away from sensitive receptors. 8. For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign should be posted at the project site with the contact phone number. b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Buildings respond to these vibrations with varying results ranging from no perceptible effects at the low levels to slight damage at the highest levels. Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site but is expected to be very short term and would not result in structural damage. No increase in ground borne vibration or noise is anticipated during Project operation. In general, no significant impacts involving vibration or ground borne noise level would result from the Project and impacts would be less than significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact The proposed Project would result in some construction and operational noise as discussed in question a) and b) above. However, no appreciable permanent increase in operational noise is anticipated since the Project is not growth inducing. Therefore, the proposed Project anticipates less than significant impact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation Incorporated Neither CEQA nor the City of San Bernardino General Plan Noise Element recognizes an official numerical increase in noise as a “substantial increase.” Industry-accepted standards for what is considered to be a “substantial increase” range from 3 decibels (dB) 9.c Packet Pg. 243 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 53 to 12 dB. A change of 3 dB is considered to be “barely audible” to a trained ear and that a change of 5 dB is considered to be a readily audible change. Noise generated by transportation sources propagates differently than noise generated by point sources. Roadway noise impacts would be considered significant if the Project increases noise levels at a noise sensitive land use by 3 dBA CNEL and if: 1) the existing noise levels already exceed the residential land use compatibility standard for “normally acceptable” (65 dBA CNEL), or 2) the project increases noise levels from below the 65 dBA CNEL standard to above 65 dBA CNEL. Caltrans considers a 5 dBA increase to be “readily audible,” which seems to correlate most closely to “substantial increase.” Project operations, including noise from pedestrians or vehicles, may produce an incremental increase in noise levels which disturbs the peace and quiet of adjacent residential areas or cause discomfort/annoyance to area residents periodically. However, because the Project is not growth inducing operation impacts would be less than significant. To attenuate potential noise impacts associated with Project construction, Mitigation Measure N-1, as discussed in question a) above, would be implemented. As a result, impacts involving a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the project would be less than significant with mitigation incorporated. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact The closest airport is San Bernardino International Airport located approximately 8.5 miles southeast of the Project site. The Project is not located within an airport land use plan or within two miles of a public airport. No impact would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact The Project is not located within the vicinity of a private airstrip and would result in no impact. 9.c Packet Pg. 244 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 54 4.13 Population and Housing Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of Refurbishment housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of Refurbishment housing elsewhere? a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact The Project involves improvements to H Street to improve service and safety. The Project would not introduce population growth to the area. No impact is anticipated. b) Displace substantial numbers of existing housing, necessitating the construction of Refurbishment housing elsewhere? No Impact The Project involves improvements to an existing neighborhood street. The Project would not result in displacement of residential land uses; therefore, no impact would occur. c) Displace substantial numbers of people, necessitating the construction of Refurbishment housing elsewhere? No Impact The Project involves improvements to an existing neighborhood street. The Project would not result in displacement of people and no impact would occur. 9.c Packet Pg. 245 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 55 4.14 Public Services Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact PUBLIC SERVICES: Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impact, in order to maintain acceptable service ratios for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impact, in order to maintain acceptable service ratios for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Less than Significant Impact The City of San Bernardino has a population of approximately 209, 924 people within approximately 99.6 square miles attended to by a myriad of public services designed to maintain and improve the public welfare. Table 4.14-1 lists public services near the Project site. 9.c Packet Pg. 246 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 56 Table 4.14-1 Public Services Facilities Public Service Location in San Bernardino Distance from Project Site Fire Station No. 227 282 W. 40th Street ~0.69 miles Police Department 710 N. D Street ~3.09 miles Howard M. Rowe Public Library 108 E. Marshall Boulevard ~1.50 miles Wildwood Park 536 E. 40th Street ~1.70 miles Community Development 201 N. E Street, 3rd Floor ~4.01 miles Source: City Website and Google Earth, 2018 Note: “~” = approximately The proposed Project would not induce an increase in population or create structures that would result in an increased need for any of the public service facilities listed above, including but not limited to, fire protection, police protection, schools, parks, or other public facilities. The Project would not result in significant threats of deterioration to the existing levels of service at public service facilities nor the need to build additional public service facilities. A less than significant impact to public services would occur as a result of the Project. 9.c Packet Pg. 247 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 57 4.15 Recreation Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact RECREATION: Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact The Project does not involve any elements that would result in an impact to nearby park or recreational facilities. No impacts to park facilities would occur as a result of the Project. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact The Project would not impact recreational facilities or require the construction or expansion of recreational facilities which would otherwise have an adverse physical effect on the environment. No impacts are expected as a result of implementing this Project. 9.c Packet Pg. 248 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 58 4.16 Transportation and Traffic Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact TRANSPORTATION AND TRAFFIC: Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? e) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less than Significant Impact with Mitigation Incorporated The Project site is accessed by two major regional freeways (I-210 and I-215), a local roadway network, and arterial streets. While not adding additional vehicular traffic to the street system in its built condition, the Project envisions an upgrade in street capacity from collector to secondary arterial with an increase from one lane in either direction to two lanes in each direction. At this time, H Street at Kendall Drive and 40th Street is already built as a secondary arterial with a right of way width of 88 feet. However, the increase in street capacity from collector to secondary arterial does not appear on the City’s 2005 General Plan Circulation Map and the City would need to address the situation per City guidelines. Secondary arterials carry traffic along the perimeters of major developments, provide support to the major arterials, and are also through streets 9.c Packet Pg. 249 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 59 enabling traffic to travel uninterrupted for longer distances through the City. Collector roadways are typically two-lane streets that connect the local streets with the secondary arterials allowing local traffic to access the regional transportation facilities.30 The Project would increase the service capacity of H Street in the Project alignment. However, the Project is not growth-inducing. The City would require the Project to comply with CMC Title 12 Street, Sidewalks and Public Places, including but not limited to, compliance with street grades, construction and maintenance of sidewalks, curbs, and driveways. The Project would result in a less than significant impact to the circulation system as long as it complies with City’s applicable plans, policies, and ordinance related to the circulation system. The deployment of construction trucks and equipment on H Street, Kendall Drive, and 40th Street would result in a slight increase of vehicular traffic in the vicinity during the 80-day construction period. However, it would be short-term and minimal in comparison to existing traffic volume. In addition, through traffic in the construction areas would be preserved. At the City’s direction, traffic controls would be put in place where deemed necessary, and at least one lane of travel would be open at all times for through traffic. A less than significant impact to traffic circulation during construction is anticipated with incorporation of Mitigation Measure TRAF-1. Mitigation Measure TRAF-1 At the City’s direction, traffic controls will be put in place where deemed necessary, and at least one lane of street will be open at all times for through traffic. Traffic controls will maintain safe traffic flow on local streets affected by construction at all times, including through the use of adequate signage, protective devices, or flag persons to ensure that traffic can flow. Construction road segments will remain without any significant roadway hazards remaining at the end of the construction day. b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less than Significant Impact Under California law, every county with an urbanized area of 50,000 or more people must adopt a Congestion Management Program (CMP). The San Bernardino County CMP monitors levels of service and congestion throughout the County along the following major corridors in the Project vicinity: Interstate 210 (I-210) and Interstate 215 (I-215).31 The proposed Project would result in a small crew of construction workers over an approximately 80-working day construction period. Given few construction workers, the Project’s contribution of vehicles to the local CMP-monitored corridors would be minimal and would not result in a significant cumulative contribution to the flow of traffic on any 30 City of San Bernardino (2005, November 1). General Plan, Chapter 6 Circulation. Pages 6-5 31 San Bernardino Associated Government (June 2016). San Bernardino County Congestion Management Program 9.c Packet Pg. 250 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 60 major thoroughfares included in the congestion management program (CMP) system for San Bernardino County. Impacts to level of service and travel demand from construction and operation of the Project would be less than significant. c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact The Project design survey and plans include roadway, drainage, sewer, signing and striping, street lighting, and modifications to traffic signals at the Project intersections. The plans will be designed and engineered in compliance with the City of San Bernardino policies, procedures, and standards; Caltrans standards; and the requirements of the California Manual of Uniform Traffic Control Devices (CMUTCD), latest edition. For example, CMC Title 12 Street, Sidewalks and Public Places establishes compliance with street grades, construction and maintenance of sidewalks, curbs, and driveways. As a result, the Project would not increase a hazard due to a design feature or incompatible use, and no impact would result. d) Result in inadequate emergency access? Less than Significant Impact with Mitigation Incorporated The Project design survey and plans include roadway, drainage, sewer, signing and striping, street lighting, and modifications to traffic signals at the Project intersections. The plans will be designed and engineered in compliance with the City of San Bernardino policies, procedures, and standards; Caltrans standards; and the requirements of the California Manual of Uniform Traffic Control Devices (CMUTCD), latest edition. At least one lane would be open at all times for through traffic during construction on H Street as described in Mitigation Measure TRAF-1 in response a) above. The Project would not prevent emergency access along any Project alignment during construction and keeping the City’s streets in good repair is good for emergency access in the long-term. A less than significant impact to emergency access is anticipated with implementation of Mitigation Measure TRAF-1, as a result of the Project. e) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact The Project proposes to construct 6-foot-wide sidewalks on either side of H Street in the Project alignment which would increase walkability in the area. The Project would not conflict with existing applicable plans, policies, or programs for public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities and no impact to such facilities would result from the Project. 9.c Packet Pg. 251 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 61 4.17 Tribal Cultural Resources Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact TRIBAL CULTURAL RESOURCES: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) Less than Significant with Mitigation Incorporated Assembly Bill (AB) 52 requires Lead Agencies consult with Native American tribes on the Native American Heritage Commission List to determine whether the tribes believe unique archaeological sites might exist on the proposed Project site. Initiation of consultation is required prior to public review of a Project CEQA document. Notification involves a letter with a brief project description, location, lead agency contact information, and statement that the tribe has 30 days to request consultation. The lead agency must begin consultation within 30 days of receipt of tribal request. Public agencies, when feasible, are required to avoid damages to Tribal Cultural Resources (TCR): a site feature, place, cultural landscape, sacred place or object, which is of cultural value to a Tribe; and is either on or eligible for the California Historic Register or a local historic register; or the lead agency, at its discretion, chooses to treat the resource as a TCR (Public Resources Code [PRC] 21074 (a)(1)(A)-(B)). 9.c Packet Pg. 252 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 62 The City initiated consultation with the Kizh Nation, San Manuel Band of Mission Indians, and Soboba Band of Luiseno Indians regarding the proposed Project during the week of June 18th, 2018. The San Manuel Band of Mission Indians responded to the City’s consultation letter indicating the Project is located within Serrano ancestral territory and, therefore, is of interest to the Tribe. However, due to the nature and location of the proposed Project, the tribe responded that it doesn’t have any concerns with the project’s implementation, as planned, at this time. It did, however, recommend the three mitigation measures identified below. As a result, with implementation of Mitigation Measures TRIBE- 1 through TRIBE-3 impacts to tribal cultural resources would be less than significant. Mitigation Measure TRIBE-1 Native American Human Remains. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. TRIBE-2 Native American Cultural Resources. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, San Manuel Band of Mission Indians will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. The archaeologist shall complete an isolate record for the find and submit this document to the applicant and Lead Agency for dissemination to the San Manuel Band of Mission Indians. TRIBE-3 Native American Historical Resources. If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment. a. All in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians Tribal Participant(s). b. The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of Mission Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the project. 9.c Packet Pg. 253 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 63 b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant with Mitigation Incorporated As identified in response a) above, the City initiated consultation with the Kizh Nation, San Manuel Band of Mission Indians, and Soboba Band of Luiseno Indians regarding the proposed Project during the week of June 18th, 2018. The San Manuel Band of Mission Indians requested implementation of TRIBE-1 through TRIBE-3 to ensure that tribal resources aren’t adversely impacted by the Project. With implementation of Mitigation Measures TRIBE-1 through TRIBE-3 impacts to tribal cultural resources would be less than significant. 9.c Packet Pg. 254 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 64 4.18 Utilities and Service Systems Issues Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact Under the Porter Cologne Act, the State Water Quality Resources Control Board and associated Regional Water Quality Control Boards are required to programmatically plan, enforce, and monitor the protection of water quality standards and beneficial uses of State waterways. The Colorado River Regional Water Control Board has jurisdiction over water pollutants from non-point (urban runoff) and point sources (wastewater treatment facilities) for a variety of pollutants (e.g., nitrates, sulfates, metals, pathogens, suspended solids) in the City of San Bernardino. The Project would not result in an increase in wastewater that would be collected (i.e., piped) and treated by the San Bernardino Municipal Water Department. The Project would not generate wastewater and would not affect the treatment capacity at the sewage plant. The Project would not exceed Regional 9.c Packet Pg. 255 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 65 Water Quality Control Board wastewater treatment requirements in the City, and no impact is anticipated. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact Water supply in San Bernardino comes from local sources of groundwater and surface water, imported water from the Metropolitan Water District’s Colorado River Aqueduct and the State Water Project, recycled water reclamation facilities, and water transfers and exchanges. The water suppliers plan to meet increased demand and reduce dependence on imported water in the City. Water and sewer service is provided throughout most of the City by San Bernardino Municipal Water Department. The Project would not involve the extension of water and sewer line to service the Project, and the Project would not require or result in the construction of new, or expansion of existing, water or wastewater treatment facilities. No impact is anticipated. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less than Significant Impact The Project site currently sheet flows into the MS4 that is conveyed to the flood control detention system to the immediate east of H Street. No expansion of the existing City storm drainage facilities (i.e., MS4) would be necessary downstream of the Project to handle nuisance or stormflows associated with the expanded street segment along H Street. Impacts resulting from connection to the existing MS4 would be less than significant as a result of the Project. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less than Significant Impact As necessary, the Project would water any exposed dirt during grading and construction of the road improvements. However, use of water during construction would be minimal. The proposed Project would not require new or expanded water entitlements. Impacts would be less than significant. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact The Project would not result in the expansion or use of existing sewer lines in H Street. As such, the proposed Project would have no impact on the City’s wastewater treatment provider. 9.c Packet Pg. 256 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 66 f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Less than Significant Impact The County of San Bernardino Department of Public Works Waste Management Division operates the San Timoteo Landfill in the City of Redlands, to the southeast of the City, and the Mid-Valley Sanitary Landfill to the west of the City. The San Timoteo landfill has an estimated capacity of 14,800,000 cubic yards and takes up to 1,000 tons of waste per day. The Mid-Valley Sanitary Landfill is located in the City of Rialto. The Mid-Valley Sanitary Landfill has an estimated capacity of 62,000,000 cubic yards and accepts up to 7,500 tons per day of solid waste.32 The Project would generate some amount of construction waste during road improvements. But, construction waste generation would be minimal in comparison to the local landfill’s daily capacity. The proposed Project would have a less than significant impact on landfills. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less than Significant Impact State law currently requires that local jurisdictions divert at least 50 percent of their solid waste from landfills through conservation, recycling, and composting. Like all California communities, the City of San Bernardino is required to comply with State regulations.33 In general, the Project would comply with the City Waste Management ordinance (that is, Chapter 8.24 of the CMC). Impacts related to solid waste would be less than significant as a result of the Project. 32 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report, Chapter 5 Environmental Analysis. Page 5.15 -16 33 Ibid., Page 5.15-7 9.c Packet Pg. 257 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 4.0 – Environmental Impact Analysis November 5, 2018 67 4.19 Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation Incorporated As discussed in Section 4.4, Biological Resources and Section 4.5, Cultural Resources with implementation of Mitigation Measures BIO-1 Conduct Nesting Bird Surveys, CULT-1 Archeological Resources, CULT-2 Paleontological Resources, CULT-3 Human Remains, TRIBE-1 Native American Human Remains, TRIBE-2 Native American Cultural Resources, and TRIBE-3 Native American Historical Resources impacts from the Project would be reduced to a less than significant level, and as a result, would not result in any significant Project or cumulative environmental impacts to biological or cultural (including tribal) resources. The short- and long-term effects associated with the Project would not be considered cumulatively considerable. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than Significant Impact As discussed in the preceding responses to Section 4.1 through Section 4.18, this Project would not result in any significant Project or cumulative environmental impacts. The short-term and long-term effects associated with Project would not be considered cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact As discussed in the preceding responses to the entire list of impact questions, this Project would not result in any significant environmental impacts to persons. Sufficient construction control measures have been identified to reduce short-term construction impacts to a level of less than significant. Compliance with the existing federal, state and local regulations, along with standard design criteria, would ensure that the proposed Project does not directly or indirectly cause a substantial adverse effect on human beings. 9.c Packet Pg. 258 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 5.0 – List of Preparers November 5, 2018 68 5.0 List of Preparers TECHNICAL STUDIES PREPARERS IS/MND, CalEEMod Air Emissions Calculations Athena Environmental Erinn Johnson IS/MND GIS & Peer Review Geovironmental Consulting Andy Minor Geotechnical Investigation Report NV5 Carlos Amante and Sean Roy 9.c Packet Pg. 259 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 6.0 – References November 5, 2018 69 6.0 References Association of Environmental Professionals (2015, January 1). 2015 CEQA Statues and Guidelines. Section 15155 City of County Consultation with Water Agencies. Athena Environmental (2018, June 6). CalEEMod Project Air Emission Calculations. Bass, R. E, Herson, A. I., & Bogdan, Kenneth M (1999). CEQA Deskbook, Point Arena: Solano Press Books. Bolt, Beranek and Newman (December 31, 1971). Noise from construction equipment and operations, building equipment, and home appliances. Based on analysis for Domestic Housing. California Air Resources Board. Air Designation Maps – State and National Retrieved from: https://www.arb.ca.gov/desig/adm/adm.htm California Air Resources Board. Reducing Toxic Air Pollutants in California’s Communities. Retrieved from: https://www.arb.ca.gov/toxics/background.htm California Department of Transportation. The California Scenic Highway Program. Retrieved from: http://www.dot.ca.gov/dist3/departments/mtce/scenic.htm California Department of Conservation, Division of Mines and Geology. The Alquist-Priolo Earthquake Fault Zoning Act. Retrieved from: http://www.conservation.ca.gov/cgs/rghm/ap California Environmental Protection Agency Air Resources Board. District Rules. Retrieved from: https://www.arb.ca.gov/drdb/drdb.htm California Natural Resources Agency. CEQA: California environmental quality act. Retrieved from: http://ceres.ca.gov/ceqa/ City of San Bernardino (2004, November 29). General Plan Update, Initial Study for General Plan Update Environmental Impact Report. Retrieved from: http://www.ci.san- bernardino.ca.us/cityhall/community_development/planning/planning_documents.as p City of San Bernardino (2005, November 1). General Plan. Retrieved from: http://www.ci.san- bernardino.ca.us/cityhall/community_development/planning/planning_documents.as p City of San Bernardino. City Municipal Code. Retrieved from: https://www.ci.san- bernardino.ca.us/civicax/filebank/blobdload.aspx?blobid=19233 City of San Bernardino (2005, July 25). San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report. Retrieved from: http://www.ci.san- bernardino.ca.us/cityhall/community_development/planning/planning_documents.as p City of San Bernardino (2018, May 18) Native American AB 52 Consultation Letters Institute of Local Government (2011, September). Evaluating Greenhouse Gas Emissions as Part of California’s Environmental Review Process: A Local Official’s Guide. Retrieved from: http://www.ca-ilg.org/sites/main/files/file-attachments/resources__CEQA- GHG_Guide_9-19-11_FINAL_1.pdf 9.c Packet Pg. 260 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street 6.0 – References November 5, 2018 70 NV5 (2018, April 2). Environmental and Civil Engineering Services for the Widening of H Street San Bernardino, California South Coast Air Quality Management District. SCAQMD Rule Book. Regulation IV – Prohibitions. Retrieved from: http://www.aqmd.gov/home/regulations/rules/scaqmd- rule-book/regulation-ivwebsite South Coast Air Quality Management District. 2016 Air Quality Management Plan. Retrieved from: http://www.aqmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan South Coast Air Quality Management District. Greenhouse Gases (GHG) CEQA Emissions Thresholds. Retrieved from: http://www.aqmd.gov/home/rules-compliance/ceqa/air- quality-analysis-handbook/ghg-significance-thresholds State Water Resources Control Board (2018, June). Geotracker. Retrieved from: http://geotracker.waterboards.ca.gov/ Weather Currents (2018, June). Retrieved from: http://weathercurrents.com/ 9.c Packet Pg. 261 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix A Appendix A: CalEEMod Air Emissions Estimates 9.c Packet Pg. 262 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 9.c Packet Pg. 263 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Other Asphalt Surfaces 85.36 1000sqft 1.96 85,360.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 10 Wind Speed (m/s)Precipitation Freq (Days)2.2 32 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Southern California Edison 2019Operational Year CO2 Intensity (lb/MWhr) 702.44 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Widening of ³H´Street between Kendall Drive and 40th Street San Bernardino-South Coast County, Winter CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 1 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 264Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Project Characteristics - Land Use - Construction Phase - Construction is proposed over 80 working days. Off-road Equipment - Off-road Equipment - 1 truck 1 loader/tractor/backhoe Off-road Equipment - 1 grader 1 truck dozer 1 tractor/loader/backhoe Off-road Equipment - 1 generator 1 tractor/loader/backhoe 1 welder Off-road Equipment - Grading - Approx 1 acre grading Approx 1 acre site preparation Trips and VMT - Building, construction, grading, and site preparation trips and VMT Construction Off-road Equipment Mitigation - Mobile Land Use Mitigation - CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 2 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 265Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.0 Emissions Summary Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 40 0 tblConstructionPhase NumDays 200.00 25.00 tblConstructionPhase NumDays 4.00 20.00 tblConstructionPhase NumDays 10.00 25.00 tblConstructionPhase NumDays 2.00 10.00 tblConstructionPhase PhaseEndDate 6/5/2018 3/22/2019 tblConstructionPhase PhaseEndDate 6/5/2018 2/15/2019 tblConstructionPhase PhaseEndDate 6/5/2018 4/26/2019 tblConstructionPhase PhaseEndDate 6/5/2018 1/18/2019 tblConstructionPhase PhaseStartDate 6/6/2018 2/18/2019 tblConstructionPhase PhaseStartDate 6/6/2018 1/21/2019 tblConstructionPhase PhaseStartDate 6/6/2018 3/25/2019 tblConstructionPhase PhaseStartDate 6/6/2018 1/7/2019 tblGrading AcresOfGrading 7.50 1.00 tblGrading AcresOfGrading 5.00 1.50 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 1.00 tblProjectCharacteristics OperationalYear 2018 2019 tblTripsAndVMT VendorTripNumber 14.00 7.00 tblTripsAndVMT WorkerTripNumber 36.00 13.00 tblTripsAndVMT WorkerTripNumber 8.00 5.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 3 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 266Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.1 Overall Construction (Maximum Daily Emission) ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2019 1.7419 19.5028 10.5948 0.0201 5.4843 0.8827 6.3670 2.9285 0.8121 3.7406 0.0000 1,932.960 7 1,932.960 7 0.5411 0.0000 1,941.412 8 Maximum 1.7419 19.5028 10.5948 0.0201 5.4843 0.8827 6.3670 2.9285 0.8121 3.7406 0.0000 1,932.960 7 1,932.960 7 0.5411 0.0000 1,941.412 8 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2019 1.7419 19.5028 10.5948 0.0201 2.4987 0.8827 3.3814 1.3260 0.8121 2.1381 0.0000 1,932.960 7 1,932.960 7 0.5411 0.0000 1,941.412 8 Maximum 1.7419 19.5028 10.5948 0.0201 2.4987 0.8827 3.3814 1.3260 0.8121 2.1381 0.0000 1,932.960 7 1,932.960 7 0.5411 0.0000 1,941.412 8 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 54.44 0.00 46.89 54.72 0.00 42.84 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 4 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 267Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0376 8.0000e- 005 8.8000e- 003 0.0000 0.0000 3.0000e- 005 3.0000e- 005 0.0000 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0000 0.0200 Unmitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0376 8.0000e- 005 8.8000e- 003 0.0000 0.0000 3.0000e- 005 3.0000e- 005 0.0000 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0000 0.0200 Mitigated Operational CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 5 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 268Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Building Construction Building Construction 2/18/2019 3/22/2019 5 25 2 Grading Grading 1/21/2019 2/15/2019 5 20 3 Paving Paving 3/25/2019 4/26/2019 5 25 4 Site Preparation Site Preparation 1/7/2019 1/18/2019 5 10 OffRoad Equipment ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 1.5 Acres of Grading (Grading Phase): 1 Acres of Paving: 1.96 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 6 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 269Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.1 Mitigation Measures Construction Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Building Construction Cranes 1 6.00 231 0.29 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Rollers 1 7.00 80 0.38 Grading Rubber Tired Dozers 1 6.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37 Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Grading Graders 1 6.00 187 0.41 Paving Paving Equipment 1 8.00 132 0.36 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Building Construction 5 13.00 7.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Grading 3 8.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 5.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 7 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 270Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 1.5018 12.7317 9.8727 0.0169 0.7165 0.7165 0.6852 0.6852 1,603.066 9 1,603.066 9 0.3186 1,611.0314 Total 1.5018 12.7317 9.8727 0.0169 0.7165 0.7165 0.6852 0.6852 1,603.066 9 1,603.066 9 0.3186 1,611.031 4 Unmitigated Construction On-Site Water Exposed Area Clean Paved Roads CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 8 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 271Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0264 0.8014 0.1885 1.8400e- 003 0.0448 5.1100e- 003 0.0499 0.0129 4.8900e- 003 0.0178 193.8643 193.8643 0.0150 194.2403 Worker 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Total 0.1033 0.8554 0.7221 3.2100e- 003 0.1901 6.0900e- 003 0.1962 0.0515 5.7900e- 003 0.0572 329.8938 329.8938 0.0195 330.3814 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 1.5018 12.7317 9.8727 0.0169 0.7165 0.7165 0.6852 0.6852 0.0000 1,603.066 9 1,603.066 9 0.3186 1,611.0314 Total 1.5018 12.7317 9.8727 0.0169 0.7165 0.7165 0.6852 0.6852 0.0000 1,603.066 9 1,603.066 9 0.3186 1,611.031 4 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 9 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 272Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0264 0.8014 0.1885 1.8400e- 003 0.0448 5.1100e- 003 0.0499 0.0129 4.8900e- 003 0.0178 193.8643 193.8643 0.0150 194.2403 Worker 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Total 0.1033 0.8554 0.7221 3.2100e- 003 0.1901 6.0900e- 003 0.1962 0.0515 5.7900e- 003 0.0572 329.8938 329.8938 0.0195 330.3814 Mitigated Construction Off-Site 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 4.5696 0.0000 4.5696 2.4884 0.0000 2.4884 0.0000 0.0000 Off-Road 1.4197 16.0357 6.6065 0.0141 0.7365 0.7365 0.6775 0.6775 1,396.390 9 1,396.390 9 0.4418 1,407.435 9 Total 1.4197 16.0357 6.6065 0.0141 4.5696 0.7365 5.3061 2.4884 0.6775 3.1659 1,396.390 9 1,396.390 9 0.4418 1,407.435 9 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 10 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 273Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0474 0.0332 0.3284 8.4000e- 004 0.0894 6.0000e- 004 0.0900 0.0237 5.5000e- 004 0.0243 83.7104 83.7104 2.7500e- 003 83.7791 Total 0.0474 0.0332 0.3284 8.4000e- 004 0.0894 6.0000e- 004 0.0900 0.0237 5.5000e- 004 0.0243 83.7104 83.7104 2.7500e- 003 83.7791 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 2.0563 0.0000 2.0563 1.1198 0.0000 1.1198 0.0000 0.0000 Off-Road 1.4197 16.0357 6.6065 0.0141 0.7365 0.7365 0.6775 0.6775 0.0000 1,396.390 9 1,396.390 9 0.4418 1,407.435 9 Total 1.4197 16.0357 6.6065 0.0141 2.0563 0.7365 2.7928 1.1198 0.6775 1.7973 0.0000 1,396.390 9 1,396.390 9 0.4418 1,407.435 9 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 11 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 274Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0474 0.0332 0.3284 8.4000e- 004 0.0894 6.0000e- 004 0.0900 0.0237 5.5000e- 004 0.0243 83.7104 83.7104 2.7500e- 003 83.7791 Total 0.0474 0.0332 0.3284 8.4000e- 004 0.0894 6.0000e- 004 0.0900 0.0237 5.5000e- 004 0.0243 83.7104 83.7104 2.7500e- 003 83.7791 Mitigated Construction Off-Site 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 0.9038 9.1743 8.9025 0.0135 0.5225 0.5225 0.4815 0.4815 1,325.095 3 1,325.095 3 0.4112 1,335.375 1 Paving 0.2054 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1093 9.1743 8.9025 0.0135 0.5225 0.5225 0.4815 0.4815 1,325.095 3 1,325.095 3 0.4112 1,335.375 1 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 12 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 275Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Total 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 0.9038 9.1743 8.9025 0.0135 0.5225 0.5225 0.4815 0.4815 0.0000 1,325.095 3 1,325.095 3 0.4112 1,335.375 1 Paving 0.2054 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1093 9.1743 8.9025 0.0135 0.5225 0.5225 0.4815 0.4815 0.0000 1,325.095 3 1,325.095 3 0.4112 1,335.375 1 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 13 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 276Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Total 0.0770 0.0540 0.5336 1.3700e- 003 0.1453 9.8000e- 004 0.1463 0.0385 9.0000e- 004 0.0394 136.0295 136.0295 4.4600e- 003 136.1410 Mitigated Construction Off-Site 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 5.4284 0.0000 5.4284 2.9136 0.0000 2.9136 0.0000 0.0000 Off-Road 1.7123 19.4821 7.8893 0.0172 0.8824 0.8824 0.8118 0.8118 1,704.918 9 1,704.918 9 0.5394 1,718.404 4 Total 1.7123 19.4821 7.8893 0.0172 5.4284 0.8824 6.3108 2.9136 0.8118 3.7254 1,704.918 9 1,704.918 9 0.5394 1,718.404 4 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 14 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 277Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0296 0.0208 0.2052 5.3000e- 004 0.0559 3.8000e- 004 0.0563 0.0148 3.5000e- 004 0.0152 52.3190 52.3190 1.7200e- 003 52.3619 Total 0.0296 0.0208 0.2052 5.3000e- 004 0.0559 3.8000e- 004 0.0563 0.0148 3.5000e- 004 0.0152 52.3190 52.3190 1.7200e- 003 52.3619 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 2.4428 0.0000 2.4428 1.3111 0.0000 1.3111 0.0000 0.0000 Off-Road 1.7123 19.4821 7.8893 0.0172 0.8824 0.8824 0.8118 0.8118 0.0000 1,704.918 9 1,704.918 9 0.5394 1,718.404 4 Total 1.7123 19.4821 7.8893 0.0172 2.4428 0.8824 3.3251 1.3111 0.8118 2.1229 0.0000 1,704.918 9 1,704.918 9 0.5394 1,718.404 4 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 15 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 278Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile Improve Walkability Design Improve Pedestrian Network 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0296 0.0208 0.2052 5.3000e- 004 0.0559 3.8000e- 004 0.0563 0.0148 3.5000e- 004 0.0152 52.3190 52.3190 1.7200e- 003 52.3619 Total 0.0296 0.0208 0.2052 5.3000e- 004 0.0559 3.8000e- 004 0.0563 0.0148 3.5000e- 004 0.0152 52.3190 52.3190 1.7200e- 003 52.3619 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 16 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 279Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Other Asphalt Surfaces 0.00 0.00 0.00 Total 0.00 0.00 0.00 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Other Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 5.0 Energy Detail 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Other Asphalt Surfaces 0.541740 0.038987 0.178620 0.126833 0.019742 0.005671 0.017070 0.060066 0.001326 0.001715 0.006244 0.000823 0.001163 Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 17 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 280Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day NaturalGas Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 5.1 Mitigation Measures Energy CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 18 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 281Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 6.1 Mitigation Measures Area 6.0 Area Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Unmitigated 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 19 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 282Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 6.5000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0302 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 8.3000e- 004 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Total 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Unmitigated ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 6.5000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0302 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 8.3000e- 004 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Total 0.0376 8.0000e- 005 8.8000e- 003 0.0000 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0187 0.0187 5.0000e- 005 0.0200 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 20 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 283Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 8.1 Mitigation Measures Waste 7.1 Mitigation Measures Water 7.0 Water Detail 8.0 Waste Detail 11.0 Vegetation 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:50 PMPage 21 of 21 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Winter 9.cPacket Pg. 284Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Other Asphalt Surfaces 85.36 1000sqft 1.96 85,360.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 10 Wind Speed (m/s)Precipitation Freq (Days)2.2 32 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Southern California Edison 2019Operational Year CO2 Intensity (lb/MWhr) 702.44 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Widening of ³H´Street between Kendall Drive and 40th Street San Bernardino-South Coast County, Annual CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 1 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 285Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Project Characteristics - Land Use - Construction Phase - Construction is proposed over 80 working days. Off-road Equipment - Off-road Equipment - 1 truck 1 loader/tractor/backhoe Off-road Equipment - 1 grader 1 truck dozer 1 tractor/loader/backhoe Off-road Equipment - 1 generator 1 tractor/loader/backhoe 1 welder Off-road Equipment - Grading - Approx 1 acre grading Approx 1 acre site preparation Trips and VMT - Building, construction, grading, and site preparation trips and VMT Construction Off-road Equipment Mitigation - Mobile Land Use Mitigation - CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 2 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 286Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.0 Emissions Summary Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 40 0 tblConstructionPhase NumDays 200.00 25.00 tblConstructionPhase NumDays 4.00 20.00 tblConstructionPhase NumDays 10.00 25.00 tblConstructionPhase NumDays 2.00 10.00 tblConstructionPhase PhaseEndDate 6/5/2018 3/22/2019 tblConstructionPhase PhaseEndDate 6/5/2018 2/15/2019 tblConstructionPhase PhaseEndDate 6/5/2018 4/26/2019 tblConstructionPhase PhaseEndDate 6/5/2018 1/18/2019 tblConstructionPhase PhaseStartDate 6/6/2018 2/18/2019 tblConstructionPhase PhaseStartDate 6/6/2018 1/21/2019 tblConstructionPhase PhaseStartDate 6/6/2018 3/25/2019 tblConstructionPhase PhaseStartDate 6/6/2018 1/7/2019 tblGrading AcresOfGrading 7.50 1.00 tblGrading AcresOfGrading 5.00 1.50 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 1.00 tblProjectCharacteristics OperationalYear 2018 2019 tblTripsAndVMT VendorTripNumber 14.00 7.00 tblTripsAndVMT WorkerTripNumber 36.00 13.00 tblTripsAndVMT WorkerTripNumber 8.00 5.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 3 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 287Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2019 0.0580 0.5437 0.3609 6.8000e- 004 0.0781 0.0274 0.1055 0.0409 0.0255 0.0664 0.0000 60.0268 60.0268 0.0150 0.0000 60.4025 Maximum 0.0580 0.5437 0.3609 6.8000e- 004 0.0781 0.0274 0.1055 0.0409 0.0255 0.0664 0.0000 60.0268 60.0268 0.0150 0.0000 60.4025 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2019 0.0580 0.5437 0.3609 6.8000e- 004 0.0380 0.0274 0.0654 0.0192 0.0255 0.0447 0.0000 60.0267 60.0267 0.0150 0.0000 60.4025 Maximum 0.0580 0.5437 0.3609 6.8000e- 004 0.0380 0.0274 0.0654 0.0192 0.0255 0.0447 0.0000 60.0267 60.0267 0.0150 0.0000 60.4025 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 51.29 0.00 37.99 53.11 0.00 32.70 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 4 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 288Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Unmitigated Operational Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 3 12-6-2018 3-5-2019 0.3407 0.3407 4 3-6-2019 6-5-2019 0.2150 0.2150 Highest 0.3407 0.3407 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 5 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 289Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 6 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 290Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Building Construction Building Construction 2/18/2019 3/22/2019 5 25 2 Grading Grading 1/21/2019 2/15/2019 5 20 3 Paving Paving 3/25/2019 4/26/2019 5 25 4 Site Preparation Site Preparation 1/7/2019 1/18/2019 5 10 OffRoad Equipment Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 1.5 Acres of Grading (Grading Phase): 1 Acres of Paving: 1.96 CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 7 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 291Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.1 Mitigation Measures Construction Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Building Construction Cranes 1 6.00 231 0.29 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Rollers 1 7.00 80 0.38 Grading Rubber Tired Dozers 1 6.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37 Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Grading Graders 1 6.00 187 0.41 Paving Paving Equipment 1 8.00 132 0.36 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Building Construction 5 13.00 7.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Grading 3 8.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 5.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 8 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 292Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0188 0.1592 0.1234 2.1000e- 004 8.9600e- 003 8.9600e- 003 8.5700e- 003 8.5700e- 003 0.0000 18.1785 18.1785 3.6100e- 003 0.0000 18.2688 Total 0.0188 0.1592 0.1234 2.1000e- 004 8.9600e- 003 8.9600e- 003 8.5700e- 003 8.5700e- 003 0.0000 18.1785 18.1785 3.6100e- 003 0.0000 18.2688 Unmitigated Construction On-Site Water Exposed Area Clean Paved Roads CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 9 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 293Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.2000e- 004 0.0102 2.2100e- 003 2.0000e- 005 5.5000e- 004 6.0000e- 005 6.2000e- 004 1.6000e- 004 6.0000e- 005 2.2000e- 004 0.0000 2.2495 2.2495 1.6000e- 004 0.0000 2.2535 Worker 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Total 1.1900e- 003 0.0109 9.2100e- 003 4.0000e- 005 2.3300e- 003 7.0000e- 005 2.4100e- 003 6.3000e- 004 7.0000e- 005 7.0000e- 004 0.0000 3.8258 3.8258 2.1000e- 004 0.0000 3.8312 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0188 0.1592 0.1234 2.1000e- 004 8.9600e- 003 8.9600e- 003 8.5700e- 003 8.5700e- 003 0.0000 18.1785 18.1785 3.6100e- 003 0.0000 18.2688 Total 0.0188 0.1592 0.1234 2.1000e- 004 8.9600e- 003 8.9600e- 003 8.5700e- 003 8.5700e- 003 0.0000 18.1785 18.1785 3.6100e- 003 0.0000 18.2688 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 10 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 294Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.2 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.2000e- 004 0.0102 2.2100e- 003 2.0000e- 005 5.5000e- 004 6.0000e- 005 6.2000e- 004 1.6000e- 004 6.0000e- 005 2.2000e- 004 0.0000 2.2495 2.2495 1.6000e- 004 0.0000 2.2535 Worker 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Total 1.1900e- 003 0.0109 9.2100e- 003 4.0000e- 005 2.3300e- 003 7.0000e- 005 2.4100e- 003 6.3000e- 004 7.0000e- 005 7.0000e- 004 0.0000 3.8258 3.8258 2.1000e- 004 0.0000 3.8312 Mitigated Construction Off-Site 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0457 0.0000 0.0457 0.0249 0.0000 0.0249 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0142 0.1604 0.0661 1.4000e- 004 7.3600e- 003 7.3600e- 003 6.7800e- 003 6.7800e- 003 0.0000 12.6678 12.6678 4.0100e- 003 0.0000 12.7680 Total 0.0142 0.1604 0.0661 1.4000e- 004 0.0457 7.3600e- 003 0.0531 0.0249 6.7800e- 003 0.0317 0.0000 12.6678 12.6678 4.0100e- 003 0.0000 12.7680 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 11 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 295Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.3000e- 004 3.5000e- 004 3.4500e- 003 1.0000e- 005 8.8000e- 004 1.0000e- 005 8.8000e- 004 2.3000e- 004 1.0000e- 005 2.4000e- 004 0.0000 0.7761 0.7761 3.0000e- 005 0.0000 0.7767 Total 4.3000e- 004 3.5000e- 004 3.4500e- 003 1.0000e- 005 8.8000e- 004 1.0000e- 005 8.8000e- 004 2.3000e- 004 1.0000e- 005 2.4000e- 004 0.0000 0.7761 0.7761 3.0000e- 005 0.0000 0.7767 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0206 0.0000 0.0206 0.0112 0.0000 0.0112 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0142 0.1604 0.0661 1.4000e- 004 7.3600e- 003 7.3600e- 003 6.7800e- 003 6.7800e- 003 0.0000 12.6678 12.6678 4.0100e- 003 0.0000 12.7680 Total 0.0142 0.1604 0.0661 1.4000e- 004 0.0206 7.3600e- 003 0.0279 0.0112 6.7800e- 003 0.0180 0.0000 12.6678 12.6678 4.0100e- 003 0.0000 12.7680 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 12 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 296Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.3 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.3000e- 004 3.5000e- 004 3.4500e- 003 1.0000e- 005 8.8000e- 004 1.0000e- 005 8.8000e- 004 2.3000e- 004 1.0000e- 005 2.4000e- 004 0.0000 0.7761 0.7761 3.0000e- 005 0.0000 0.7767 Total 4.3000e- 004 3.5000e- 004 3.4500e- 003 1.0000e- 005 8.8000e- 004 1.0000e- 005 8.8000e- 004 2.3000e- 004 1.0000e- 005 2.4000e- 004 0.0000 0.7761 0.7761 3.0000e- 005 0.0000 0.7767 Mitigated Construction Off-Site 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0113 0.1147 0.1113 1.7000e- 004 6.5300e- 003 6.5300e- 003 6.0200e- 003 6.0200e- 003 0.0000 15.0263 15.0263 4.6600e- 003 0.0000 15.1429 Paving 2.5700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0139 0.1147 0.1113 1.7000e- 004 6.5300e- 003 6.5300e- 003 6.0200e- 003 6.0200e- 003 0.0000 15.0263 15.0263 4.6600e- 003 0.0000 15.1429 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 13 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 297Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Total 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0113 0.1147 0.1113 1.7000e- 004 6.5300e- 003 6.5300e- 003 6.0200e- 003 6.0200e- 003 0.0000 15.0263 15.0263 4.6600e- 003 0.0000 15.1429 Paving 2.5700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0139 0.1147 0.1113 1.7000e- 004 6.5300e- 003 6.5300e- 003 6.0200e- 003 6.0200e- 003 0.0000 15.0263 15.0263 4.6600e- 003 0.0000 15.1429 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 14 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 298Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.4 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Total 8.7000e- 004 7.1000e- 004 7.0000e- 003 2.0000e- 005 1.7800e- 003 1.0000e- 005 1.7900e- 003 4.7000e- 004 1.0000e- 005 4.8000e- 004 0.0000 1.5764 1.5764 5.0000e- 005 0.0000 1.5777 Mitigated Construction Off-Site 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0271 0.0000 0.0271 0.0146 0.0000 0.0146 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5600e- 003 0.0974 0.0395 9.0000e- 005 4.4100e- 003 4.4100e- 003 4.0600e- 003 4.0600e- 003 0.0000 7.7334 7.7334 2.4500e- 003 0.0000 7.7946 Total 8.5600e- 003 0.0974 0.0395 9.0000e- 005 0.0271 4.4100e- 003 0.0316 0.0146 4.0600e- 003 0.0186 0.0000 7.7334 7.7334 2.4500e- 003 0.0000 7.7946 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 15 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 299Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3000e- 004 1.1000e- 004 1.0800e- 003 0.0000 2.7000e- 004 0.0000 2.8000e- 004 7.0000e- 005 0.0000 7.0000e- 005 0.0000 0.2425 0.2425 1.0000e- 005 0.0000 0.2427 Total 1.3000e- 004 1.1000e- 004 1.0800e- 003 0.0000 2.7000e- 004 0.0000 2.8000e- 004 7.0000e- 005 0.0000 7.0000e- 005 0.0000 0.2425 0.2425 1.0000e- 005 0.0000 0.2427 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0122 0.0000 0.0122 6.5600e- 003 0.0000 6.5600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5600e- 003 0.0974 0.0395 9.0000e- 005 4.4100e- 003 4.4100e- 003 4.0600e- 003 4.0600e- 003 0.0000 7.7334 7.7334 2.4500e- 003 0.0000 7.7945 Total 8.5600e- 003 0.0974 0.0395 9.0000e- 005 0.0122 4.4100e- 003 0.0166 6.5600e- 003 4.0600e- 003 0.0106 0.0000 7.7334 7.7334 2.4500e- 003 0.0000 7.7945 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 16 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 300Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile Improve Walkability Design Improve Pedestrian Network 3.5 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3000e- 004 1.1000e- 004 1.0800e- 003 0.0000 2.7000e- 004 0.0000 2.8000e- 004 7.0000e- 005 0.0000 7.0000e- 005 0.0000 0.2425 0.2425 1.0000e- 005 0.0000 0.2427 Total 1.3000e- 004 1.1000e- 004 1.0800e- 003 0.0000 2.7000e- 004 0.0000 2.8000e- 004 7.0000e- 005 0.0000 7.0000e- 005 0.0000 0.2425 0.2425 1.0000e- 005 0.0000 0.2427 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 17 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 301Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Other Asphalt Surfaces 0.00 0.00 0.00 Total 0.00 0.00 0.00 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Other Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 5.0 Energy Detail 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Other Asphalt Surfaces 0.541740 0.038987 0.178620 0.126833 0.019742 0.005671 0.017070 0.060066 0.001326 0.001715 0.006244 0.000823 0.001163 Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 18 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 302Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 5.1 Mitigation Measures Energy CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 19 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 303Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 20 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 304Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 6.1 Mitigation Measures Area 6.0 Area Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Unmitigated 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 21 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 305Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 1.1900e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 5.5200e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 1.0000e- 004 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Total 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Unmitigated ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 1.1900e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 5.5200e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 1.0000e- 004 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Total 6.8100e- 003 1.0000e- 005 1.1000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.1200e- 003 2.1200e- 003 1.0000e- 005 0.0000 2.2600e- 003 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 22 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 306Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 7.1 Mitigation Measures Water Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Other Asphalt Surfaces 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated 7.0 Water Detail CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 23 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 307Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Other Asphalt Surfaces 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 Category/Year CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 24 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 308Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Other Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 25 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 309Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.1 Date: 6/6/2018 12:54 PMPage 26 of 27 Widening of ³H´Street between Kendall Drive and 40th Street - San Bernardino-South Coast County, Annual 9.cPacket Pg. 310Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix B Appendix B: Geotechnical Investigation Report 9.c Packet Pg. 311 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 9.c Packet Pg. 312 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation CivilSource, Inc. April 2, 2018 9890 Irvine Center Drive Project No.: 227017-0000843.00 Irvine, California 92618 Attention: Mr. David Niknafs, PE Subject: Geotechnical Investigation Project: Environmental and Civil Engineering Services for the Widening of H Street San Bernardino, California Dear Mr. Niknafs: As requested, NV5 West, Inc. (NV5) is pleased to submit the results of our geotechnical investigation for the subject project. The purpose of this investigation was to evaluate the existing condition of pavement structure on a section H Street between Kendall Drive and 40th Street and provide conclusions and geotechnical engineering recommendations pertinent to the proposed improvements. The results of the geotechnical investigation are presented herewith. Based on the coring, subsequent testing of the pavement layers, and engineering analyses it was concluded that the proposed road improvement project is geotechnically feasible. The geotechnical information presented herein is intended to assist the project design team in their understanding of the geotechnical factors affecting the proposed project, and the preliminary recommendations, should be incorporated into the project design and implemented during construction. It is recommended that the forthcoming project specifications, be reviewed by NV5 for consistency with our report prior to the bid process in order to avoid possible conflicts, misinterpretations, and inadvertent omissions, etc. It should also be noted that the applicability and final evaluation of recommendations presented herein are contingent upon construction phase field monitoring by NV5 in light of the widely acknowledged importance of geotechnical consultant continuity through the various design, planning and construction stages of a project. NV5 appreciates the opportunity to provide this geotechnical engineering service for this project and looks forward to continuing our role as your geotechnical engineering consultant. Respectfully submitted, NV5 West, Inc. Carlos Amante, PE, GE Sean Roy, PG Director of Geotechnical Services Geologist CA/SR:ma Distribution: (3) Addressee, (1) via email 9.c Packet Pg. 313 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report TABLE OF CONTENTS Page 1.0 INTRODUCTION .............................................................................................................1 2.0 SCOPE OF SERVICES .....................................................................................................1 3.0 SITE AND PROJECT DESCRIPTION.............................................................................2 4.0 FIELD EXPLORATION ...................................................................................................2 5.0 LABORATORY TESTING...............................................................................................2 6.0 SOIL PROFILE AND SUBSURFACE CONDITIONS....................................................2 7.0 GROUNDWATER ............................................................................................................3 8.0 CONCLUSIONS................................................................................................................3 9.0 PAVEMENT DESIGN RECOMMENDATIONS ............................................................4 9.1 PAVEMENT OVERLAYS .................................................................................................4 9.2 NEW PAVEMENT...........................................................................................................5 10.0 CONSTRUCTION OBSERVATION AND TESTING ....................................................6 11.0 LIMITATIONS ..................................................................................................................6 12.0 REFERENCES ..................................................................................................................7 Figures FIGURE 1 – SITE LOCATION MAP FIGURE 2 – GEOTECHNICAL MAP FIGURE 3 – REGIONAL GEOLOGIC MAP Appendices APPENDIX A – LOGS OF CORES APPENDIX B – LABORATORY TESTING APPENDIX C – PHOTOS APPENDIX D – ASFE INFORMATION ABOUT GEOTECHNICAL REPORT 9.c Packet Pg. 314 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 1.0 INTRODUCTION This report presents the results of NV5’s preliminary geotechnical investigation for the proposed widening of H Street in San Bernardino, California. The approximate location of the project area is shown on Figure 1, Site Location Map. The purpose of this investigation was to evaluate the existing condition of pavement structure on the section of H Street from Kendall Drive to 40th Street, and to provide conclusions and geotechnical engineering recommendations pertinent to the proposed road improvements. This report summarizes the data collected and presents our findings, conclusions, and preliminary recommendations. This report has been prepared for the exclusive use of the client and their consultants to describe the geotechnical factors at the project site which should be considered in the design and construction of the proposed project. In particular, it should be noted that this report has not been prepared from the perspective of a construction bid preparation instrument and should be considered by prospective bidders only as a source of general information subject to interpretation and refinement by their own expertise and experience, particularly with regard to construction feasibility. Contract requirements, as set forth by the project plans and specifications, will supersede any general observations and specific recommendations presented in this report. 2.0 SCOPE OF SERVICES The scope of services for this project consisted of the following tasks: • Review of existing roadway plans. • Review of geotechnical maps and documents pertaining to the existing roadway and vicinity. • Field investigation of the existing pavement and sampling of aggregate base and subgrade material utilizing coring equipment and hand augers with appropriate traffic control during field operations. The investigation consisted of excavating four (4) cores/borings on a section of H Street from Kendall Drive to 40th Street. The samples were transported to NV5’s geotechnical laboratory for testing. Subsequent to logging and sampling, the cored locations were backfilled and patched with quick- set cement concrete. • Laboratory testing of selected soil samples to evaluate their pertinent geotechnical engineering properties. • Engineering evaluation of the geotechnical data collected to develop geotechnical recommendations relative to the design and construction of the proposed project. • Preparation of this report, including reference maps and graphics, summarizing the data collected and presenting our findings, conclusions, and geotechnical recommendations for the design and construction of the proposed project. 9.c Packet Pg. 315 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 2 3.0 SITE AND PROJECT DESCRIPTION The project site is located within the limits of H Street from Kendall Drive to 40th Street, approximately 1,000 linear feet. The project site is a straight, undivided two-lane roadway. The approximate location of the project site are shown in Figure 1, Site Location Map. Based on preliminary project information, it is understood that the planned improvements may include, street widening and resurfacing, new curb, gutter, sidewalks, driveways, pedestrian crossings, guardrails, striping, landscape, and irrigation. 4.0 FIELD EXPLORATION Before starting the field exploration program, NV5 prepared a traffic control plan in accordance with the City Manual for Traffic Control or the WATCH Manual. Traffic control was provided by Roadway Construction Service during the field activities. The field exploration performed by NV5 consisted of sampling the aggregate base and subgrade utilizing coring equipment and hand augers. The approximate locations of the exploratory cores/borings are presented on Figure 2, Geotechnical Map. The cores/borings were logged by a field staff from NV5 and the logs of the cores/borings are presented in Appendix A. Subsequent to logging and sampling, the borings were backfilled and the pavement was patched in accordance with the permit requirements. 5.0 LABORATORY TESTING Laboratory testing was performed on selected representative bulk soil samples obtained from the exploratory borings to aid in the soil classification and to evaluate the engineering properties of the soil materials encountered. The following tests were performed: • In-situ moisture content (ASTM D2216); • Sieve analyses (ASTM D422); • R-value test (ASTM D2844); and • Corrosivity series including sulfate content, chloride content, pH-value, and resistivity (California Test Methods 417, 422, and 532/643). Testing was performed in general accordance with applicable ASTM standards or California Test Methods. The laboratory test results and details of the laboratory testing program are presented in Appendix B. 6.0 SOIL PROFILE AND SUBSURFACE CONDITIONS Measurements of the existing pavement sections were obtained at coring locations. The pavement section encountered at location B2 consisted of asphaltic concrete (AC) pavement overlying aggregate base (AB). The pavement sections encountered at locations B1, B3, and B4 consisted of only asphaltic concrete (AC) pavement overlying subgrade. As encountered, the AC layer ranged in thickness from approximately 1.25 to 4.5 inches. Please note that the pavement section encountered in B4 consisted of two sections of AC which were separated by approximately 1.0-inch of soil. The AB material 9.c Packet Pg. 316 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 3 encountered below the AC in B2 consisted of well-graded sand with gravel. The thickness of the AB was approximately 6 inches. Below aggregate base, the subgrade soil condition consisted primarily of poorly graded sand with minor amounts of gravel. The pavement and soil conditions at each core location are indicated in the log of cores in Appendix A and photographas of the pavement cores are shown in Appendix C. Table 1 presents a summary of the existing pavement sections encountered in our exploration. Table 1- Existing Pavement Sections Core No. Roadway Section Location Asphalt Concrete (inches) Aggregate Base (inches) B1 South end of H Street, southbound lane, near Kendall Drive 1.25 Not encountered B2 South half of H Street, northbound lane, just north of storm channel 4.0 6.0 B3 North half of H Street, southbound lane 4.0 Not encountered B4 North end of H Street, northbound lane, near 40th Street 4.5 (top layer) 3.5 (bottom layer) Not encountered 7.0 GROUNDWATER Groundwater was not encountered in our shallow exploratory hand-augered borings, and indications of a static, near-surface groundwater table were not observed during our exploration. Therefore, groundwater is not expected to be a constraint to the proposed pavement rehabilitation project. However, experience indicates that near-surface groundwater conditions or localized seepage zones can develop in areas where no such groundwater conditions previously existed, especially in areas where a substantial increase in surface water infiltration results from landscape irrigation, agricultural activity, utility leaks or unusually heavy precipitation. Seasonal variations in the groundwater levels should be anticipated. 8.0 CONCLUSIONS Based on the data obtained from the subsurface exploration, the associated laboratory test results, engineering analyses, and experience with similar site conditions, it is NV5’s opinion that the pavement rehabilitation project and associated improvements are feasible from a geotechnical standpoint, provided the recommendations contained herein are incorporated into the project plans and specifications and implemented during construction. Important information regarding this Report is included in Appendix D. 9.c Packet Pg. 317 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 4 9.0 PAVEMENT DESIGN RECOMMENDATIONS Pavement design sections depend primarily on the shear strength of the subgrade soil exposed after grading and anticipated traffic over the useful life of the pavement. Structural pavement sections were developed in general accordance with the methodologies outlined in Section 600 of the Caltrans Highway Design Manual (Caltrans, 2016). The sections are based on laboratory R-value tests performed by NV5 on subgrade soils and traffic indices provided by CivilSource, Inc. Laboratory testing resulted in R-value of 80 at coring locations B1 and B4 and an R-value of 77 at coring location B2 for the subgrade soils (Appendix B). An R-value of 60 was used to evaluate the pavement sections in accordance with local design practice. Pavement sections were evaluated for Traffic index (TI) values of 7.0 to 9.0 based on information provided by CivilSource, Inc. A design life of 20 years was assumed for the new pavement and 10 years was assumed for pavement overlays. The recommended minimum thickness for new pavement sections and overlays are presented in Table 2. Table 2- Recommended Minimum Pavement Sections Traffic Index (TI) New Pavement Section (Design Life = 20 years) Overlay (Design Life = 10 years) HMA / CAB (inches) Full Depth HMA (inches) HMA (inches) RHMA-G (inches) 7.0 3.0 / 4.0 6.0 2.5 1.5 8.0 4.0 / 4.0 7.0 3.0 2.0 9.0 4.0 / 6.0 8.0 3.5 2.5 Notes: CAB: Crushed Aggregate Base HMA: Hot Mix Asphalt RHMA-G: Gap Graded Rubberized HMA The recommended pavement thicknesses do not include pavement grinding. To maintain the recommended pavement section, the depth of grinding should be added to the overlay thickness. It should be noted that the overlay design was based on the asphalt thickness in core location B2, which was the thinnest pavement section encountered. The final selection of the rehabilitation strategies depends on variables such as the cost of materials, location, construction restrictions, and existing surface condition. 9.1 Pavement Overlays Pavement overlays are recommended for the areas of pavement which exhibit minor cracking and with no extreme distress or deterioration. The purpose of an asphalt overlay is to improve the performance and lengthen the remaining design life of the existing pavement structural section. A minimum of one- 9.c Packet Pg. 318 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 5 inch pavement grinding should be performed prior to placing the overlay to provide a fresh pavement surface. After grinding, visible cracks should be sealed with a crack sealant. In order to maintain pavement grades along concrete gutters, existing pavements are typically cold-milled along the gutters to allow for the placement of the recommended overlay thickness while maintaining pavement grades at the gutter interface. Reflection cracking is a frequent cause of overlay deterioration. RHMA overlays are less susceptible to reflection cracking than HMA overlays. Patching and crack filling may help delay the occurrence of the reflection cracks. In addition, providing a pavement fabric between the existing pavement and the overlay can significantly reduce reflective cracking and increase the service life of the overlay. A qualified contractor should install the overlay in accordance with the recommendations of the latest edition of Greenbook, Standard Specifications for Public Works, Asphalt Institute, or agency standards. The AC overlay should be compacted to 95% of the unit weight as tested in accordance with the Hveem procedure. The maximum lift thickness should be two (2) inches. The AC material shall conform to Section 203-6 of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), also known as the Greenbook. An approved asphalt mix design should be submitted at least 30 days prior to placement. The mix design should include proportions of materials, maximum density, and required lay-down temperature range. Field testing should be used to verify oil content, aggregate gradation, compaction, compacted thickness, and lay-down temperature. 9.2 New Pavement For areas where new pavement will be constructed, it is recommended that R-value testing be performed on representative soil samples of the subgrade after old pavement is removed to check the applicability of the recommended sections. The subgrade soils should be scarified to a minimum depth of 1 foot, moisture conditioned within 2 percent of optimum moisture content and recompacted to at least 90% of the maximum dry density as determined by the ASTM D1557 test procedure. Before placement of the base, the subgrade should be proof‐rolled with loaded heavy equipment under the observation of a competent geotechnical personnel. If loose, soft, or pumping areas are observed, additional subgrade treatment shall be performed as recommended by the geotechnical professional. The crushed aggregate base should conform to Section 200-2.2 of the SSPWC (Greenbook, 2015). The existing base material may be used for the new construction after passing the conformance testing by approval of the Geotechnical Engineer. The base course should be compacted to a minimum dry density of 95% of the maximum density as determined by the ASTM D1557 test procedure. Field testing should be conducted to verify compaction, aggregate gradation, and compacted thickness. The AC pavement should be compacted to 95% of the maximum dry unit weight in accordance with the Hveem procedure. The maximum lift thickness should be two inches. The AC material shall conform to Section 203-6 of the SSPWC (Greenbook, 2015). An approved asphalt mix design should be submitted at least 30 days prior to placement. The mix design should include proportions of materials, maximum density, and required lay-down temperature range. Field testing should be used to verify oil content, aggregate gradation, compaction, compacted thickness, and lay-down temperature. 9.c Packet Pg. 319 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 6 10.0 CONSTRUCTION OBSERVATION AND TESTING Observation and testing of the placement and compaction of subgrade, base, and asphalt layer will be important to the performance of the proposed project. Site preparation, removal of unsuitable soils, assessment of imported fill materials, backfill placement, and other earthwork operations should be observed and tested. The substrata exposed during the construction may differ from that encountered in the exploratory borings. Continuous observation by a representative of NV5 during construction allows for evaluation of the soil conditions as they are encountered, and allows the opportunity to recommend appropriate revisions where necessary. 11.0 LIMITATIONS The recommendations and opinions expressed in this report are based on NV5’s review of background documents and on information obtained from field explorations. It should be noted that this study did not evaluate the possible presence of hazardous materials on any portion of the site. Due to the limited nature of the field explorations, conditions not observed and described in this report may be present on the site. Uncertainties relative to subsurface conditions can be reduced through additional subsurface exploration. Additional subsurface evaluation and laboratory testing can be performed upon request. It should be understood that conditions different from those anticipated in this report may be encountered during construction, and that additional effort may be required to mitigate them. Site conditions, including groundwater elevation, can change with time as a result of natural processes or the activities of man at the subject site or at nearby sites. Changes to the applicable laws, regulations, codes, and standards of practice may occur as a result of government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which NV5 has no control. NV5’s recommendations for this site are, to a high degree, dependent upon appropriate quality control of construction operations, placement and compaction of backfill, subgrade preparation, etc. Accordingly, the recommendations are made contingent upon the opportunity for NV5 to observe the earthwork operations for the proposed construction. If parties other than NV5 are engaged to provide such services, such parties must be notified that they will be required to assume complete responsibility as the geotechnical engineer of record for the geotechnical phase of the project by concurring with the recommendations in this report and/or by providing alternative recommendations. This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. NV5 should be contacted if the reader requires additional information or has questions regarding the content, interpretations presented, or completeness of this document. NV5 has endeavored to perform this geotechnical evaluation using the degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical professionals with experience in this area in similar soil conditions. 9.c Packet Pg. 320 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Environmental and Civil Engineering Design Services for the Widening of H Street Project No. 226817-0000843.00 San Bernardino, California Geotechnical Investigation Report 7 12.0 REFERENCES ASTM, 2001, Soil and Rock: American Society for Testing and Materials: vol. 4.08 for ASTM test methods D-420 to D-491 -4943 to highest number. California Department of Transportation (Caltrans), 2016, Highway Design Manual: Fifth Edition, dated December 16, 2016. Dibblee, T.W., and Minch, J.A.: Geologic Map of the San Bernardino North/north ½ of San Bernardino South quadrangles, San Bernardino and Riverside County, California, Dibble Geological Foundation, Dibblee Foundation Map DF-127, 2004 Greenbook, Standard Specifications for Public Works Construction (SSPWC), 2015 Edition. 9.c Packet Pg. 321 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Figures 9.c Packet Pg. 322 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Project No:227017-0000843 Drawn:SR Date: March 2018 NV5 An NV5 West, Inc. Company – Offices Nationwide 10592 Avenue of Science, Suite 200 San DIego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 No Scale Site Location Map H Street Widening San Bernardino, California Figure No. 1 Reference: Google Maps 2017Not a Construction Drawing Location of Project Site 9.c Packet Pg. 323 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Project No: 227017-0000843 Drawn: SR Date: March 2018 Geotechnical Map H Street Widening San Bernardino, California Figure No. 2 NV5 An NV5 West, Inc. Company – Offices Nationwide 10592 Avenue of Science, Suite 200 San DIego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 MAP SYMBOLS Approximate location of cores Approximate scale in feet 250 50 75 100 125 NB‐2 B‐1 B‐3 B‐4 B‐4 40th StreetH Street 9.cPacket Pg. 324Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program for “H” St.) Reference:Geologic Map of the San Bernardino North/north ½ of San Bernardino South quadrangles, San Bernardino and Riverside County, California. Compiled by Dibblee, T.W., and Minch, J.A., 2004, Diblee Geological Foundation, Dibblee Foundation Map DF‐127. Project No:227017-0000843 Drawn:SR Date:March 2018 Regional Geologic Map H Street Widening San Bernardino, California Figure No. 3 NV5 An NV5 West, Inc. Company – Offices Nationwide 10592 Avenue of Science, Suite 200 San DIego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 N DESCRIPTION OF MAP UNITS Quaternary alluvial deposits 0 0.5 2.0 2.5 Not a Construction Drawing Approximate Scale (in miles) Approximate Location of Project Site 1.51.0 Qa ps Pelona Schist Granodiorite Porphyry Dikes 9.cPacket Pg. 325Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program for “H” St.) Appendix A Log of Cores 9.c Packet Pg. 326 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Project : H Street Widening Project Number: 227017-0000843.00 LOG OF CORES NV5, Inc. A-1 AC 1.25 AB 0.0 Subgrade -4.6 80 AC 4.0 AB 6.0 Subgrade -8.2 77 AC 4.0 AB 0.0 Subgrade -5.1 NA AC 4.5 Soil 1.0 AC 3.5 AB 0.0 Subgrade -7.3 80 Notes: 1. AC: Asphalt Concrete 2. AB: Aggregate Base 3. NA: Not Analyzed B4 Dark brown, SAND (SP), moist, fine grained Maximum 0.5-inch aggregate size AC Top Lift 0.75-inch Middle Lift 1.25-inch Bottom Lift 2.5-inch Maximum 0.75-inch aggregate size AC Top Lift 2.25-inch Bottom Lift 1.25-inch No Base Dark brown, SAND (SP), moist, fine grained North end of H St., northbound lane Latitude: 34.164361 Longitude: -117.300439 B2 South half of H St., northbound lane Latitude: 34.163035 Longitude: -117.300400 Maximum 0.5-inch aggregate size AC Well graded SAND with gravel Dark brown silty SAND (SM), moist, fine grained B3 North half of H St., southbound lane Latitude: 34.163676 Longitude: -117.300493 Maximum 0.75-inch aggregate size AC No Base Dark brown SAND (SP), moist, fine grained MOISTURE CONTENT (%)R-ValueDESCRIPTION B1 South end of H St., southbound lane Latitude: 34.162403 Longitude: -117.300489 Maximum 0.5-inch aggregate size AC No Base Brown SAND (SP), moist, fine grained CORE ID LOCATION/COORDINATES PAVEMENT LAYER THICKNESS (IN)9.cPacket Pg. 327Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Appendix B Laboratory Test Results 9.c Packet Pg. 328 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation SUMMARY OF LABORATORY TEST RESULTS In-situ Moisture and Density Tests The in-situ moisture contents and dry densities of selected samples obtained from the test borings were evaluated in general accordance with the latest version of D-2216 and D2937 laboratory test methods. The method involves obtaining the moist weight of the sample and then drying the sample to obtain is dry weight. The moisture content is calculated by taking the difference between the wet and dry weights, dividing it by the dry weight of the sample and expressing the result as a percentage. The results of the in-situ moisture content and density tests are presented in the following table. RESULTS OF MOISTURE CONTENT AND DENSITY TESTS (ASTM D2216) Sample Location Moisture Content (percent) Dry Density (pounds per cubic foot) B1 @ 1.25 feet 4.6 - B2 @ 0.83 foot 8.2 - B3 @ 0.33 foot 5.1 - B4 @ 0.75- 3.5 feet 7.3 - Classification Soils were visually and texturally classified in accordance with the Unified Soil Classification System. Soil classifications are indicated on the logs of the exploratory borings in Appendix A. Particle-size Distribution Tests An evaluation of the grain-size distribution of selected soil samples was performed in general accordance with the latest version of ASTM D-422 (including –200 wash). These test results were utilized in evaluating the soil classifications in accordance with the Unified Soil Classification System. Particle size distribution test results are presented on the laboratory test sheets attached in this appendix. 9.c Packet Pg. 329 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation R Value R Value test was performed in accordance with ASTM D2844. This test was useful in evaluating the response of the compacted soil. Test results are attached in this appendix. RESULTS OF R VALUE (ASTM D4844) Sample Location B1 @ 1.25 feet B2 @ 0.83 foot B4 @ 0.75 foot R-Value Equilibrium 80 77 80 Soil Corrosivity Tests Soluble sulfate, chloride, resistively and pH tests were performed in accordance with California Test Methods 643, 417 and 422 to assess the degree of corrosivity of the subgrade soils with regard to concrete and normal grade steel. The results of the test are presented in the following table and attached in this appendix. RESULTS OF CORROSIVITY TESTS (CTM 417, CTM 422) Location pH Resistivity (ohm-cm) Sulfate (ppm) Chloride (ppm) B3 8.4 10,000 39 11 9.c Packet Pg. 330 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 Construction Quality Assurance · Infrastructure · Energy · Program Management · Environmental Natural Moisture Report (ASTM D2216) Date: March 19, 2018 Job Number: 227017-0000843 Ph. 2 Client: City of San Bernardino Report Number: 5952 Address: 300 North "D" Street Lab Number: 115697-115700 San Bernardino, CA 92418 Project: San Bernardino-H Street Widening Project Add: San Bernardino, CA Sampled By: Ray Cecena Date Sampled: 3/7/2018 Date Rcvd: 3/8/2018 Lab Number 115697 115698 115699 115700 Exploration No. B1 B2 B3 B4 Depth, ft. 1.25 0.83 0.33 3.5 Moisture Content, % 4.6 8.2 5.1 7.3 Respectfully Submitted, NV5 West, Inc. Reviewed by: Sammy Daghighi, PE Senior Engineering Manager 9.c Packet Pg. 331 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Date: Client: City of San Bernardino Report Number: Address: 300 North "D" Street San Bernardino, CA 92418 Project : San Bernardino‐H Street Widening Project Address : San Bernardino, CA Material: Yellowish Brown Silty Gravelly SAND (SM) Material Source: Native Location: B1 @ 1.25' Sampled By: Ray Cecena Date Sampled: Date Received: Respectfully Submitted, NV5 West, Inc. Sammy Daghighi,PE Senior Engineering Manager 3/19/2018 227017‐0000843 Ph 2 115697 5952 Lab Number: Job Number: R‐VALUE BY EXUDATION 382 1.6 8.8 81 A 350 1.6 8.4 502 82 B 350 C 350 1.6 9.2 215 RESISTANCE "R" VALUE TEST Construction Quality Assurance ∙ Infrastructure ∙ Energy ∙ Program Management ∙ Environmental TEST SPECIMEN 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 80 D 127.2 0 (CTM301 Caltrans / ASTM D2844) 80 126.8 TRAFFIC INDEX (ASSUMED) 4.5 3/8/2018 125.7 80R‐VALUE AT EQUILIBRIUM COMP. FOOT PRESSURE, psi INITIAL MOISTURE % MOISTURE @ COMPACTION % DRY DENSITY, pcf EXUDATION PRESSURE, psi STABILOMETER VALUE 'R' R‐VALUE BY EXPANSION 3/7/2018 82 81 80 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 050100150200250300350400450500550600650700750800 Exudation Presure (psi) EXUDATION PRESSURE CHART 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 0.00.10.20.30.40.50.60.70.80.91.0Cover Thickness By Stabilometer,(ft)Cover Thickness by Expansion Pressure (ft) EXPANSION PRESSURE CHART 9.c Packet Pg. 332 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Date: Client: City of San Bernardino Report Number: Address: 300 North "D" Street San Bernardino, CA 92418 Project : San Bernardino‐H Street Widening Project Address : San Bernardino, CA Material: Brown Silty Fine SAND (SM) Material Source: Native Location: B2 @ 0.83' Sampled By: Ray Cecena Date Sampled: Date Received: Respectfully Submitted, NV5 West, Inc. Sammy Daghighi,PE Senior Engineering Manager 3/19/2018 227017‐0000843 Ph 2 115698 5952 Lab Number: Job Number: R‐VALUE BY EXUDATION 311 4.8 9.6 77 A 350 4.8 9.3 780 80 B 350 C 350 4.8 10.0 159 RESISTANCE "R" VALUE TEST Construction Quality Assurance ∙ Infrastructure ∙ Energy ∙ Program Management ∙ Environmental TEST SPECIMEN 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 75 D 124.4 78 (CTM301 Caltrans / ASTM D2844) 77 123.0 TRAFFIC INDEX (ASSUMED) 4.5 3/8/2018 123.1 77R‐VALUE AT EQUILIBRIUM COMP. FOOT PRESSURE, psi INITIAL MOISTURE % MOISTURE @ COMPACTION % DRY DENSITY, pcf EXUDATION PRESSURE, psi STABILOMETER VALUE 'R' R‐VALUE BY EXPANSION 3/7/2018 80 77 75 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 050100150200250300350400450500550600650700750800 Exudation Presure (psi) EXUDATION PRESSURE CHART 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 0.00.10.20.30.40.50.60.70.80.91.0Cover Thickness By Stabilometer,(ft)Cover Thickness by Expansion Pressure (ft) EXPANSION PRESSURE CHART 9.c Packet Pg. 333 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Date: Client: City of San Bernardino Report Number: Address: 300 North "D" Street San Bernardino, CA 92418 Project : San Bernardino‐H Street Widening Project Address : San Bernardino, CA Material: Brown Silty SAND (SM) w/Gravel Material Source: Native Location: B4 @ 3.5' Sampled By: Ray Cecena Date Sampled: Date Received: Respectfully Submitted, NV5 West, Inc. Sammy Daghighi,PE Senior Engineering Manager 3/19/2018 227017‐0000843 Ph 2 115700 5952 Lab Number: Job Number: R‐VALUE BY EXUDATION 239 10.3 18.2 79 A 350 10.3 17.6 438 81 B 350 C 350 10.3 18.6 101 RESISTANCE "R" VALUE TEST Construction Quality Assurance ∙ Infrastructure ∙ Energy ∙ Program Management ∙ Environmental TEST SPECIMEN 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 76 D 119.2 0 (CTM301 Caltrans / ASTM D2844) 80 118.6 TRAFFIC INDEX (ASSUMED) 4.5 3/8/2018 118.7 80R‐VALUE AT EQUILIBRIUM COMP. FOOT PRESSURE, psi INITIAL MOISTURE % MOISTURE @ COMPACTION % DRY DENSITY, pcf EXUDATION PRESSURE, psi STABILOMETER VALUE 'R' R‐VALUE BY EXPANSION 3/7/2018 81 79 76 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 050100150200250300350400450500550600650700750800 Exudation Presure (psi) EXUDATION PRESSURE CHART 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 0.00.10.20.30.40.50.60.70.80.91.0Cover Thickness By Stabilometer,(ft)Cover Thickness by Expansion Pressure (ft) EXPANSION PRESSURE CHART 9.c Packet Pg. 334 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Date:227017‐0000843 Ph 02 Client: City of San Bernardino 5952 Address: 300 North "D" Street 115698‐115700 San Bernardino, CA 92418 Project :San Bernardino‐H Street Widening Project Address: Material Color Sample Location Date Sampled Date Submitted Sampled By Date Tested Tested By Sample ID:115698 115700 Sieve Size 63mm (2 1/2")100 98 #DIV/0! #DIV/0! #DIV/0! #DIV/0! Notes:Hardness: H&D = Hard & Durable; W&F = Weathered & Friable 50mm (2")100 98 #DIV/0! #DIV/0! #DIV/0! #DIV/0! N.R.: Not Recorded; N/A: Not Available. 37.5mm (1 1/2") 100 95 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 25mm (1")100 91 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 19mm (3/4")99 88 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 12.5mm (1/2") 98 85 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 9.5mm (3/8")97 83 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 4.75mm (#4) 94 77 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 2mm (#10)89 69 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 850µm (#20)80 56 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 425µm (#40)67 41 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 250µm (#60)53 29 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 150 µm (#100)39 21 #DIV/0! #DIV/0! #DIV/0! #DIV/0! 75 um (#200) washµ22 13 #DIV/0! #DIV/0! #DIV/0! #DIV/0! Fineness Modulus 1.4 2.7 #DIV/0! #DIV/0! #DIV/0! #DIV/0!Respectfully Submitted, Shape (sand & gravel) N.R. N.R.Round N.R. N.R. N.R. NV5 West, Inc. Hardness (sand & gravel) N.R. H&D N.R. N.R. N.R. N.R. Specific Gravity 2.65 2.65 N.R. N.R. N.R. N.R. Coef. of Curvature (CC)12.6 4.2 #VALUE! #VALUE! #VALUE! #VALUE! Coef. of Uniformity (CU)209.3 89.7 #VALUE! #VALUE! #VALUE! #VALUE! % Gravel 6 23 #DIV/0! #DIV/0! #DIV/0! #DIV/0! % Sand 72 64 #DIV/0! #DIV/0! #DIV/0! #DIV/0! % Fines 22.0 13.0 #DIV/0! #DIV/0! #DIV/0! #DIV/0! USCS Class:SM SM #DIV/0! #DIV/0! #DIV/0! #DIV/0! 3/8/2018 3/8/2018 San Bernardino, CA Senior Engineering Manager Sammy Daghighi, PE 0 0 Silty Fine SAND (SM) silty SAND w/Gravel (SM) 0 0 0 0 0 Lab Number: March 19, 2018 B2 @ 0.83' 00 Brown Brown 0 00 115698 115700 Noah Regalado 3/7/2018 0 0 0 0 Ray Cecena Ray Cecena 0 3/9/2018 % Passing 0Noah Regalado 0 REPORT OF SIEVE ANALYSIS TEST ASTM D422 ‐ Soil 3/7/2018 3/12/2018 00 0 B4 @ 3.5 00 0 0 Job Number: Report Number: 0 0 0 00 0 0 10 20 30 40 50 60 70 80 90 100 0.010.1110100PERCENT FINER BY WEIGHTGRAIN SIZE (mm) 115698 115700 GRAVEL coarse fine SAND coarse finemedium SILT or CLAYCBL 3/81/23/411.522.533.54 4 816 30 50 100 20040 U.S. SIEVE OPENING (INCHES)U.S. SIEVE NUMBER HYDROMETER 15092 Avenue of Science Suite 200 ‐ San Diego, CA 92128 ‐ www.NV5.com ‐ Office 858.385.0500 ‐ Fax 858.715.5810 CQA ‐ Infrastructure ‐ Energy ‐ Program Management ‐ Environmental 9.c Packet Pg. 335 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation L A B O R A T O R Y R E P O R T Telephone (619) 425-1993 Fax 425-7917 Established 1928 C L A R K S O N L A B O R A T O R Y A N D S U P P L Y I N C. 350 Trousdale Dr. Chula Vista, Ca. 91910 www.clarksonlab.com A N A L Y T I C A L A N D C O N S U L T I N G C H E M I S T S Date: March 16, 2018 Purchase Order Number: 18-0441 Sales Order Number: 39363 Account Number: NV5.SD To: *-------------------------------------------------* NV5 West Inc 15092 Avenue of Science #200 San Diego, CA 92128 Attention: Michelle Albrecht Laboratory Number: SO6797 Customers Phone: 858-715-5800 Fax: 858-715-5810 Sample Designation: *-------------------------------------------------* One soil sample received on 03/13/18 at 9:00am, from San Bernardino ph 2 H Street Widening Project #227017-0000843.00 marked as B3@0-33'. Analysis By California Test 643, 1999, Department of Transportation Division of Construction, Method for Estimating the Service Life of Steel Culverts. pH 8.4 Water Added (ml) Resistivity (ohm-cm) 10 39000 5 29000 5 20000 5 13000 5 10000 5 10000 5 11000 5 14000 79 years to perforation for a 16 gauge metal culvert. 102 years to perforation for a 14 gauge metal culvert. 141 years to perforation for a 12 gauge metal culvert. 181 years to perforation for a 10 gauge metal culvert. 220 years to perforation for a 8 gauge metal culvert. Water Soluble Sulfate Calif. Test 417 0.004% (39ppm) Water Soluble Chloride Calif. Test 422 0.001% (11ppm) ______________________________ Laura Torres LT/ram 9.c Packet Pg. 336 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Appendix C Photos 9.c Packet Pg. 337 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 1 Project: H Street Widening Project Number: 227017-0000843.00 Techs: Todd Nugent and Ray Cecena Location: Diameter: Thickness of asphalt: Thickness of base: Subgrade: Moisture: B1 6” 1.25” None present 1’ 2.75” Collected B2 6” 4” 6” 1’ 7” Collected B3 6” 4” None present 3’ 1 ½” Collected B4 6” 4 ½” and 3 ½” None present 2’ 5” Collected Notes: B1 subgrade is soft no base B2 encountered a rock at 2’ 5" could not continue downward B3 no aggregate base B4 had 1" of soil between two layers of asphalt no aggregate base. Photos: B1: 9.c Packet Pg. 338 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 2 9.c Packet Pg. 339 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 3 B2: 9.c Packet Pg. 340 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 4 B3: 9.c Packet Pg. 341 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 5 B4: 9.c Packet Pg. 342 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation H Street Widening Page 6 B4 Continued 9.c Packet Pg. 343 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Appendix D ASFE Information about Geotechnical Report 9.c Packet Pg. 344 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Geotechnical-Engineering Report Geotechnical Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a civil engineer may not fulfill the needs of a constructor — a construction contractor — or even another civil engineer. Because each geotechnical- engineering study is unique, each geotechnical-engineering report is unique, prepared solely for the client. No one except you should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one — not even you — should apply this report for any purpose or project except the one originally contemplated. Read the Full Report Serious problems have occurred because those relying on a geotechnical-engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. Geotechnical Engineers Base Each Report on a Unique Set of Project-Specific Factors Geotechnical engineers consider many unique, project-specific factors when establishing the scope of a study. Typical factors include: the client’s goals, objectives, and risk-management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical-engineering report that was: • not prepared for you; • not prepared for your project; • not prepared for the specific site explored; or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical-engineering report include those that affect: • the function of the proposed structure, as when it’s changed from a parking garage to an office building, or from a light- industrial plant to a refrigerated warehouse; • the elevation, configuration, location, orientation, or weight of the proposed structure; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project changes—even minor ones—and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. Subsurface Conditions Can Change A geotechnical-engineering report is based on conditions that existed at the time the geotechnical engineer performed the study. Do not rely on a geotechnical-engineering report whose adequacy may have been affected by: the passage of time; man-made events, such as construction on or adjacent to the site; or natural events, such as floods, droughts, earthquakes, or groundwater fluctuations. Contact the geotechnical engineer before applying this report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. Most Geotechnical Findings Are Professional Opinions Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ — sometimes significantly — from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide geotechnical-construction observation is the most effective method of managing the risks associated with unanticipated conditions. A Report’s Recommendations Are Not Final Do not overrely on the confirmation-dependent recommendations included in your report. Confirmation- dependent recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report’s confirmation-dependent recommendations if that engineer does not perform the geotechnical-construction observation required to confirm the recommendations’ applicability. A Geotechnical-Engineering Report Is Subject to Misinterpretation Other design-team members’ misinterpretation of geotechnical-engineering reports has resulted in costly Important Information about This Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks, you can manage them. The following information is provided to help. 9.c Packet Pg. 345 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation problems. Confront that risk by having your geo technical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team’s plans and specifications. Constructors can also misinterpret a geotechnical-engineering report. Confront that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing geotechnical construction observation. Do Not Redraw the Engineer’s Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical-engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs from the report can elevate risk. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make constructors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give constructors the complete geotechnical-engineering report, but preface it with a clearly written letter of transmittal. In that letter, advise constructors that the report was not prepared for purposes of bid development and that the report’s accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/ or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure constructors have sufficient time to perform additional study. Only then might you be in a position to give constructors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Read Responsibility Provisions Closely Some clients, design professionals, and constructors fail to recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Environmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform an environmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical- engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk-management guidance. Do not rely on an environmental report prepared for someone else. Obtain Professional Assistance To Deal with Mold Diverse strategies can be applied during building design, construction, operation, and maintenance to prevent significant amounts of mold from growing on indoor surfaces. To be effective, all such strategies should be devised for the express purpose of mold prevention, integrated into a comprehensive plan, and executed with diligent oversight by a professional mold-prevention consultant. Because just a small amount of water or moisture can lead to the development of severe mold infestations, many mold- prevention strategies focus on keeping building surfaces dry. While groundwater, water infiltration, and similar issues may have been addressed as part of the geotechnical- engineering study whose findings are conveyed in this report, the geotechnical engineer in charge of this project is not a mold prevention consultant; none of the services performed in connection with the geotechnical engineer’s study were designed or conducted for the purpose of mold prevention. Proper implementation of the recommendations conveyed in this report will not of itself be sufficient to prevent mold from growing in or on the structure involved. Rely, on Your GBC-Member Geotechnical Engineer for Additional Assistance Membership in the Geotechnical Business Council of the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk-confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Confer with you GBC-Member geotechnical engineer for more information. 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733 Facsimile: 301/589-2017 e-mail: info@geoprofessional.org www.geoprofessional.org Copyright 2015 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, or its contents, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBA’s specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document as a complement to or as an element of a geotechnical-engineering report. Any other firm, individual, or other entity that so uses this document without being a GBA member could be commiting negligent or intentional (fraudulent) misrepresentation. 9.c Packet Pg. 346 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix C Appendix C: AB 52 Consultation 9.c Packet Pg. 347 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 9.c Packet Pg. 348 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 9.c Packet Pg. 349 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation 9.c Packet Pg. 350 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation From: Jessica Mauck [mailto:JMauck@sanmanuel-nsn.gov] Sent: Wednesday, July 18, 2018 2:02 PM To: Chantal Power Subject: H Street Widening Project Hi Linda, Thank you for contacting the San Manuel Band of Mission Indians (SMBMI) regarding the above referenced project. SMBMI appreciates the opportunity to review the project documentation, which was received by our Cultural Resources Management Department on 19 June 2018, pursuant to CEQA (as amended, 2015) and CA PRC 21080.3.1. The proposed project area exists within Serrano ancestral territory and, therefore, is of interest to the Tribe. However, due to the nature and location of the proposed project, and given the CRM Department’s present state of knowledge, SMBMI does not have any concerns with the project’s implementation, as planned, at this time. As a result, SMBMI requests that the following language be made a part of the project/permit/plan conditions: 1. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. 2. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, San Manuel Band of Mission Indians will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. The archaeologist shall complete an isolate record for the find and submit this document to the applicant and Lead Agency for dissemination to the San Manuel Band of Mission Indians. 3. If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop an cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment. a. All in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians Tribal Participant(s). b. The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of Mission Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the project. Note: San Manuel Band of Mission Indians realizes that there may be additional tribes claiming cultural affiliation to the area; however, San Manuel Band of Mission Indians can only speak for itself. The Tribe has no objection if the agency, developer, and/or archaeologist wishes to consult with other tribes in addition to SMBMI and if the Lead Agency wishes to revise the conditions to recognize additional tribes. Please provide the final copy of the project/permit/plan conditions so that SMBMI may review the included language. This communication concludes SMBMI’s input on this project, at this time, and no additional consultation pursuant to CEQA is required unless there is an unanticipated discovery of 9.c Packet Pg. 351 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation cultural resources during project implementation. If you should have any further questions with regard to this matter, please do not hesitate to contact me at your convenience, as I will be your Point of Contact (POC) for SMBMI with respect to this project. Respectfully, Jessica Mauck CULTURAL RESOURCES ANALYST O: (909) 864-8933 x3249 M: (909) 725-9054 26569 Community Center Drive, Highland California 92346 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please delete it from your system without copying it and notify the sender by reply e-mail so that the email address record can be corrected. Thank You 9.c Packet Pg. 352 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D Appendix D: Responses to Comments 9.c Packet Pg. 353 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 1 Responses to Comments CEQA Guidelines §15074 (b) requires the decision-making body of the lead agency to consider a proposed mitigated negative declaration together with any comments received during the public review process prior to approving a project. The decision-making body shall adopt the proposed negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no significant evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgement and analysis. The following discussion includes all comments received by the City of San Bernardino from organizations and individuals on the proposed Widening of H Street between Kendall Drive and 40th Street Project Initial Study/Mitigated Negative Declaration during the CEQA public review period, which took place from September 14 through October 15, 2018. The comment letters and good faith, reasoned analysis in response are included herein. The following is a list of agencies and persons that submitted comments on the Initial Study during the public review period. Comments are indexed by a letter for reference purposes. Comment Letter/Email Organization or Person Date A Gabrieleno Band of Mission Indians/Kizh Nation September 21, 2018 B San Manuel Band of Mission Indians July 18, 2018 The comments did not raise any issues or concerns that would result in new impacts, or new, or revised mitigation measures. The comments, and responses to comments, and revised IS/MND do not warrant recirculation in accordance with §15073.5 of the California Environmental Quality Act (CEQA) Guidelines. 9.c Packet Pg. 354 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 2 Comment Letter A – Gabrieleno Band of Mission Indians/Kizh Nation dated September 21, 2018 9.c Packet Pg. 355 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 3 Response to Comment Letter A Gabrieleno Band of Mission Indians/Kizh Nation dated September 21, 2018 Response A-1: The commenter notes that it would like to be consulted in the event of ground disturbance during Project construction. The City shall consult with the Gabrieleno Band of Mission Indians/Kizh Nation’s Tribal Government prior to any ground-disturbing activity. 9.c Packet Pg. 356 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 4 Comment Letter B – San Manuel Band of Mission Indians dated July 18, 2018 9.c Packet Pg. 357 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 5 Response to Comment Letter B San Manuel Band of Mission Indians dated July 18, 2018 Response B-1: The commenter notes that it does not have any concerns with the Project’s implementation at this time due to the nature and location of the proposed Project. However, the San Manuel Band of Mission Indians requests that the Project comply with California Health and Safety Code §7050.5 in the event any human remains or funerary objects are encountered during any activities associated with the Project. The City has included Mitigation Measure TRIBE-1 Native American Human Remains in Section 4.17 of the IS/MND to address this request. Response B-2: The San Manuel Band of Mission Indians requests that the Project work to protect Native American cultural resources, including hiring a qualified archaeologist meeting Secretary of Interior standards if a resource is uncovered during construction. Additionally, the Tribe requests it be consulted in the event of a discovery. The City has included Mitigation Measure TRIBE-2 Native American Cultural Resources in Section 4.17 of the IS/MND to address this request. Response B-3: The San Manuel Band of Mission Indians requests that the Project work to protect Native American historical resources, including hiring a qualified archaeologist meeting Secretary of Interior standards to develop appropriate plans if a resource is uncovered during construction. The City has included Mitigation Measure TRIBE-3 Native American Historical Resources in Section 4.17 of the IS/MND to address this request. Response B-4: The commenter notes: San Manuel Band of Mission Indians realizes that there may be additional tribes claiming cultural affiliation to the area; however, San Manuel Band of Mission Indians can only speak for itself. The Tribe has no objection if the agency, developer, and/or archaeologist wishes to consult with other tribes in addition to SMBMI and if the Lead Agency wishes to revise the conditions to recognize additional tribes. Response B-5: The commenter requests a final copy of the Project/permit/plan so that SMBMI may review the included language. The City shall provide SMBMI with a copy of the Final IS/MND. 9.c Packet Pg. 358 Attachment: PW.H Street Widening Neg Dec.02-Attachment 2-EXHIBIT A-Initial Study (5866 : Adopt a Mitigated Negative Declaration, Mitigation Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 1 Responses to Comments CEQA Guidelines §15074 (b) requires the decision-making body of the lead agency to consider a proposed mitigated negative declaration together with any comments received during the public review process prior to approving a project. The decision-making body shall adopt the proposed negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no significant evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgement and analysis. The following discussion includes all comments received by the City of San Bernardino from organizations and individuals on the proposed Widening of H Street between Kendall Drive and 40th Street Project Initial Study/Mitigated Negative Declaration during the CEQA public review period, which took place from September 14 through October 15, 2018. The comment letters and good faith, reasoned analysis in response are included herein. The following is a list of agencies and persons that submitted comments on the Initial Study during the public review period. Comments are indexed by a letter for reference purposes. Comment Letter/Email Organization or Person Date A Gabrieleno Band of Mission Indians/Kizh Nation September 21, 2018 B San Manuel Band of Mission Indians July 18, 2018 The comments did not raise any issues or concerns that would result in new impacts, or new, or revised mitigation measures. The comments, and responses to comments, and revised IS/MND do not warrant recirculation in accordance with §15073.5 of the California Environmental Quality Act (CEQA) Guidelines. 9.d Packet Pg. 359 Attachment: PW.H Street Widening Neg Dec.03-Attachment 3-EXHIBIT B-Responses to Comments RTC (5866 : Adopt a Mitigated Negative Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 2 Comment Letter A – Gabrieleno Band of Mission Indians/Kizh Nation dated September 21, 2018 9.d Packet Pg. 360 Attachment: PW.H Street Widening Neg Dec.03-Attachment 3-EXHIBIT B-Responses to Comments RTC (5866 : Adopt a Mitigated Negative Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 3 Response to Comment Letter A Gabrieleno Band of Mission Indians/Kizh Nation dated September 21, 2018 Response A-1: The commenter notes that it would like to be consulted in the event of ground disturbance during Project construction. The City shall consult with the Gabrieleno Band of Mission Indians/Kizh Nation’s Tribal Government prior to any ground-disturbing activity. 9.d Packet Pg. 361 Attachment: PW.H Street Widening Neg Dec.03-Attachment 3-EXHIBIT B-Responses to Comments RTC (5866 : Adopt a Mitigated Negative Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 4 Comment Letter B – San Manuel Band of Mission Indians dated July 18, 2018 9.d Packet Pg. 362 Attachment: PW.H Street Widening Neg Dec.03-Attachment 3-EXHIBIT B-Responses to Comments RTC (5866 : Adopt a Mitigated Negative Initial Study/Mitigated Negative Declaration Widening of H Street between Kendall Drive and 40th Street Appendices November 5, 2018 Appendix D – 5 Response to Comment Letter B San Manuel Band of Mission Indians dated July 18, 2018 Response B-1: The commenter notes that it does not have any concerns with the Project’s implementation at this time due to the nature and location of the proposed Project. However, the San Manuel Band of Mission Indians requests that the Project comply with California Health and Safety Code §7050.5 in the event any human remains or funerary objects are encountered during any activities associated with the Project. The City has included Mitigation Measure TRIBE-1 Native American Human Remains in Section 4.17 of the IS/MND to address this request. Response B-2: The San Manuel Band of Mission Indians requests that the Project work to protect Native American cultural resources, including hiring a qualified archaeologist meeting Secretary of Interior standards if a resource is uncovered during construction. Additionally, the Tribe requests it be consulted in the event of a discovery. The City has included Mitigation Measure TRIBE-2 Native American Cultural Resources in Section 4.17 of the IS/MND to address this request. Response B-3: The San Manuel Band of Mission Indians requests that the Project work to protect Native American historical resources, including hiring a qualified archaeologist meeting Secretary of Interior standards to develop appropriate plans if a resource is uncovered during construction. The City has included Mitigation Measure TRIBE-3 Native American Historical Resources in Section 4.17 of the IS/MND to address this request. Response B-4: The commenter notes: San Manuel Band of Mission Indians realizes that there may be additional tribes claiming cultural affiliation to the area; however, San Manuel Band of Mission Indians can only speak for itself. The Tribe has no objection if the agency, developer, and/or archaeologist wishes to consult with other tribes in addition to SMBMI and if the Lead Agency wishes to revise the conditions to recognize additional tribes. Response B-5: The commenter requests a final copy of the Project/permit/plan so that SMBMI may review the included language. The City shall provide SMBMI with a copy of the Final IS/MND. 9.d Packet Pg. 363 Attachment: PW.H Street Widening Neg Dec.03-Attachment 3-EXHIBIT B-Responses to Comments RTC (5866 : Adopt a Mitigated Negative 9.e Packet Pg. 364 Attachment: PW.H Street Widening Neg Dec.04-Attachment 4-EXHIBIT C-Mitigated Negative Deeck (5866 : Adopt a Mitigated Negative 9.e Packet Pg. 365 Attachment: PW.H Street Widening Neg Dec.04-Attachment 4-EXHIBIT C-Mitigated Negative Deeck (5866 : Adopt a Mitigated Negative Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 1 Widening of H Street between Kendall Drive and 40th Street Project IS/MND Mitigation Monitoring and Reporting Plan The Mitigation Monitoring and Reporting Plan (MMRP) for the Widening of H Street between Kendall Drive and 40th Street Project IS/MND ensures that the mitigation measures identified in the IS/MND are implemented in compliance with §15097 of the CEQA Guidelines. The IS/MND identified less than significant impacts with mitigation incorporated for the following environmental factors: biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, noise, and traffic. The following table provides a description of the mitigation measures and their locations in the IS/MND, timing of implementation, method of verification, and responsible party. The City of San Bernardino would adopt the MMRP along with the IS/MND. Once adopted, the City will be responsible for enforcement of the MMRP. MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction 1 4.4 Biological Resources BIO-1 Conduct Nesting Bird Surveys. To the extent feasible, conduct vegetation removal outside of the nesting bird season (generally between February 15 and August 31). If vegetation removal is required during the nesting bird season, conduct take avoidance surveys for nesting birds within 100-feet of areas proposed for vegetation removal. Surveys should be conducted by a qualified biologist(s) within 3 days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers or other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction-related activities, staggered schedules, etc.) to ensure that impacts to nesting birds are avoided until the nest is no longer active. The Project Applicant will provide verification to the City that nesting bird survey has been performed prior to start of construction, if construction occurs during the nesting bird survey. 2 4.5 Cultural Resources CULT-1 Archeological Resources. If unanticipated cultural resources are unearthed during construction excavations, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery until the discovery can be evaluated by a qualified paleontologist to assess the significance of such resources and shall meet with the City Director of Development Services to assess the significance of such resources and shall meet and confer regarding mitigation for such resources in order to comply with California Public Resources Code §21083.2(b). The Project will adhere to archeological resources compliance during construction. 9.fPacket Pg. 366Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 2 MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction 3 4.5 Cultural Resources CULT-2 Paleontological Resources. If unanticipated paleontological resources are unearthed during construction excavations, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery until the discovery can be evaluated by a paleontologist to assess the significance of such resources and shall meet with the City Director of Development Services to confer regarding mitigation for such resources in order to comply with California Public Resources Code §5097.5. The Project will adhere to all paleontological resources compliance during construction. 4 4.5 Cultural Resources CULT-3 Human Remains. If human remains are encountered, California Health and Safety Code §7050.5 states that no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code §5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendants(s)" for purposes of receiving notification of discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in Public Resources Code §5097.98. The Project will adhere to human remains compliance during construction. 5 4.8 Hazards and Hazards Material HAZ-1 Spill Prevention and Clean-up Best Management Practices. To reduce the potential for materials and pollutants associated with construction to be discharged to the environment, the Project Proponent will implement the following: • Containment and cleanup equipment (e.g., absorbent pads, mats, socks, granules, drip pans, shovels, and lined clean drums) will be at the staging areas and construction site for use, as needed. At the start of construction spill prevention and clean- up best management practices will be put in place and maintained throughout construction. 9.fPacket Pg. 367Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 3 MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction • Staging areas where refueling, storage, and maintenance of equipment occur will not be located within 100 feet of drainages to reduce the potential for contamination by spills. • Construction equipment will be maintained and kept in good operating condition to reduce the likelihood of line breaks or leakage. • No refueling or servicing will be done without absorbent material (e.g. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled material. If these activities result in an accumulation of materials on the soil, the soil will be removed and disposed of properly. • If a spill is detected, construction activity will cease immediately and the Contractor will immediately react to safely contain and remove spilled materials. • Spill areas will be restored to pre-spill conditions, as practicable. 6 4.9 Hydrology and Water Quality HYD-1 Prepare and Implement Storm Water Pollution Prevention Plan (SWPPP). Prior to issuance of any Grading or Building Permit, and as part of the future development’s compliance with the NPDES requirements, a Notice of Intent shall be prepared and submitted to the Santa Ana RWQCB providing notification and intent to comply with the State of California General Construction Permit. Also, a SWPPP shall be reviewed and approved by the Director of Public Works and the City Engineer for water quality construction activities on-site. A copy of the SWPPP shall be available and implemented at the construction site at all times. The SWPPP shall outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the “maximum extent practicable.” All recommendations in the Plan shall be implemented during area demolition/preparation, grading, and construction. The Project shall comply with each of the recommendations detailed in the Plan, and other such The Project will obtain a Notice of Intent for the SWPPP from Regional Water Quality Control Board prior to start of construction. The Project will implement SWPPP during construction. 9.fPacket Pg. 368Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 4 MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction measure(s) as the City deems necessary to mitigate potential storm water runoff impacts. 7 4.12 Noise N-1 Implement Best Management Practices for Construction Noise. In addition to adherence with the construction hours of operation and noise standards presented in the City of Murrieta Development Code Section 16.30.130, the following measures are recommended to reduce construction and operation noise and vibrations emanating from the proposed project to less than significant: 1. During all project site excavation and grading on‐site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. 2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. 3. Equipment shall be shut off and not left to idle when not in use. 4. The contractor shall locate equipment staging in areas that will create the greatest distance between construction‐related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 5. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. 6. Limit the use of heavy equipment or vibratory rollers and soil compressors along the project boundaries to the greatest degree possible. It is acknowledged that some soil compression may be necessary along the project boundaries. 7. If used, jackhammers, pneumatic equipment and all other portable stationary noise sources shall be shielded and noise shall be directed away from sensitive receptors. The Project will adhere to all noise reduction measures during construction. 9.fPacket Pg. 369Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 5 MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction 8. For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign should be posted at the project site with the contact phone number. 9. Limit construction activities within 80 feet of the existing single‐family residential structure location south of the project site to the extent practicable. 8 4.16 Transportation and Traffic TRAF-1 Traffic Control Measures. At the City’s direction, traffic controls will be put in place where deemed necessary, and at least one lane of street will be open at all times for through traffic. Traffic controls will maintain safe traffic flow on local streets affected by construction at all times, including through the use of adequate signage, protective devices, or flag persons to ensure that traffic can flow. Construction road segments will remain without any significant roadway hazards remaining at the end of the construction day. The Project will adhere to all traffic control measures during construction. 9 4.17 Tribal Cultural Resources TRIBE-1 Native American Human Remains. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. The Project will adhere to Native American human remains compliance during construction. 10 4.17 Tribal Cultural Resources TRIBE-2 Native American Cultural Resources. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, San Manuel Band of Mission Indians will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her The Project will adhere to Native American cultural resources compliance during construction. 9.fPacket Pg. 370Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Mitigation Monitoring and Reporting Plan Widening of H Street between Kendall Drive and 40th Street November 5, 2018 6 MMRP No. IS/MND Section & Resource IS/MND Mitigation Measure Timing of Implementation and Verification Pre-Construction Construction Post-Construction assessment, so as to provide Tribal input. The archaeologist shall complete an isolate record for the find and submit this document to the applicant and Lead Agency for dissemination to the San Manuel Band of Mission Indians. 11 4.17 Tribal Cultural Resources TRIBE-3 Native American Historical Resources. If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment. a. All in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians Tribal Participant(s). b. The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of Mission Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the project. The Project will adhere to Native American historical resources compliance during construction. 9.fPacket Pg. 371Attachment: PW.H Street Widening Neg Dec.05-Attachment 5-EXHIBIT D-Mitigation Monitoring and Reported Program (5866 : Adopt a Mitigated Authority cited: Sections 21083, Public Resources Code. Reference Section 21000-21174, Public Resources Code. Revised 2011 Notice of Determination Appendix D To: Office of Planning and Research U.S. Mail: Street Address: P.O. Box 3044 1400 Tenth St., Rm 113 Sacramento, CA 95812-3044 Sacramento, CA 95814 County Clerk County of: _________________________________ Address: __________________________________ _________________________________________ From: Public Agency: ___________________________ Address: ________________________________ _______________________________________ Contact: _________________________________ Phone: __________________________________ Lead Agency (if different from above): _______________________________________ Address: ________________________________ _______________________________________ Contact: _________________________________ Phone: __________________________________ SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): ______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county): _________________________________________________________ Project Description: This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency) described project on _______________ and has made the following determinations regarding the above (date) described project. 1. The project [ will will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5. A statement of Overriding Considerations [ was was not] adopted for this project. 6. Findings [ were were not] made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at: ___________________________________________________________________________________ Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ 9.g Packet Pg. 372 Attachment: PW.H Street Widening Neg Dec.06-Attachment 6-EXHIBIT E-Notice Of Determination (5866 : Adopt a Mitigated Negative ATTACHMENT 7 LOCATION MAP WIDENING OF “H” STREET FROM KENDALL DRIVE TO 40TH STREET (SS04-152) 9.h Packet Pg. 373 Attachment: PW.H Street Widening Neg Dec.07-Attachment 7- Location Map (5866 : Adopt a Mitigated Negative Declaration, Mitigation 10.a Packet Pg. 374 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.00-REPORT (5867 : Agreement with Overland Pacific Cutler, LLC Re: Right of Way This project is federally funded through the Highway Bridge Program which is reimbursing 88.53% of the cost of replacing the bridge. Discussion Caltrans has allocated a total of $200,000 for the acquisition of right-of-way and utility relocation for the 2nd Street Bridge Replacement at Warm Creek. As part of the FY 2018/19 Capital Improvement Program, the Mayor and City Council allocated $250,000 for the acquisition of the Right-of-W ay for this project. This work includes the relocation of utilities that will conflict with the bridge replacement project. The Right-of-W ay acquisition needs for this project are beyond the capabilities of in- house staff. Therefore, on August 30, 2018, staff issued a Request for Proposals (RFP) for professional services to acquire the Right-of-Way for the 2nd Street Bridge Replacement at Warm Creek (SS13-001). RFP’s were sent to six Right-of-W ay acquisition firms in the Southern California area that had previously indicated interest in this type of work. The RFP was also posted on the City’s website under “Request for Bids”. A total of three proposals were received on September 28, 2018. The three proposals were reviewed by a panel of staff members using the City’s standard rating system and it was determined that both of the proposals met the requirements of the RFP. These proposals were submitted by the following firms: The above three firms were interviewed by staff and it was determined that the proposal and presentation by Overland Pacific Cutler, LLC. (OPC) best meets the requirements of the RFP. OPC has extensive experience and has completed many local projects in the San Bernardino area. After selecting the firm, a fee proposal was requested and negotiated for this federally funded project. The final agreed upon fee for the proposed services is $59,937. The Right-of-Way acquisition is expected to be completed in December 2019. Construction can begin shortly thereafter and is anticipated to be completed by December 2020. 2018-19 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City and Goal No. 7: Pursue City Goals and Objectives by working with other agencies such as: Federal, State, and regional governments to Firm Location 1. Overland Pacific Cutler, LLC. Riverside 2. Paragon Partners Cypress 3. CPSI, Inc. Foothill Ranch 12/13/2018 2:39 PM 10.a Packet Pg. 375 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.00-REPORT (5867 : Agreement with Overland Pacific Cutler, LLC Re: Right of Way ensure San Bernardino receives its fair share of resources by maintaining close working relationships with other governmental agencies. Fiscal Impact Estimated Project Cost Proposal Amount $59,937 Project Management $ 5,000 Total Contract Work $ 64,937 The selected proposal and project management reflects a total project cost of $64,937. There is sufficient funding in the FY 2018/19 Adopted Budget, and $250,000 is budgeted in the Development Impact Fee Fund, Account No. 264-160-7841-5504. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2018-317 approving an Agreement with Overland Pacific Cutler, LLC to perform all Right-of-Way (R/W) functions that are necessary to obtain R/W Clearance from Caltrans for the 2nd Street Bridge Replacement at Warm Creek (SS13-001). Attachments Attachment 1 Resolution Awarding Agreement for the 2nd Street Bridge Replacement at Warm Creek Attachment 1 Agreement Attachment 3 Location Map Ward: 1 Synopsis of Previous Council Actions: 06-16-14 Approved Resolution No. 2014-234 awarding an Agreement to Tetra Tech for the design of bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411. 12-05-16 Approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program(MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Second Street Bridge Replacement Project, Bridge #54C-0411. 05-16-18 Approved Resolution No. 2018-139 approving Amendment No 1 to Agreement to Tetra Tech for the design of bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13- 001, Bridge No. 54C-0411. 12/13/2018 2:39 PM 10.a Packet Pg. 376 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.00-REPORT (5867 : Agreement with Overland Pacific Cutler, LLC Re: Right of Way Resolution No. 2018-317 RESOLUTION NO. 2018-317 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH OVERLAND PACIFIC CUTLER, LLC TO PERFORM ALL RIGHT-OF- WAY (R/W) FUNCTIONS THAT ARE NECESSARY TO OBTAIN R/W CLEARANCE FROM CALTRANS FOR THE 2ND STREET BRIDGE REPLACEMENT AT WARM CREEK (SS13-001) WHEREAS, on December 5, 2016, the Mayor and City Council adopted Resolution No. 2016-137 approving a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program (MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Second Street Bridge Replacement Project, Bridge #54C-0411; and WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No. 2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY 2018/19; and WHEREAS, this project is being reimbursed from federal Highway Bridge Program funds and reimbursement is through the California Department of Transportation; and WHEREAS, funding and authorization from the California Department of Transportation to proceed with acquisition of right-of-way for 2nd Street Bridge Replacement at Warm Creek has been received and the project is approved as part of the City’s CIP; and WHEREAS, That Overland Pacific Cutler, LLC., located at 2280 Market Street, Suite 200, Riverside, CA 92501, is a competent, experienced right-of-way acquisition firm and has provided the most advantageous and best proposal to perform all right-of-way (R/W) functions that are necessary to obtain R/W Clearance from Caltrans for 2nd Street Bridge Replacement at Warm Creek (SS13-001); 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/her designee is hereby authorized and directed to award a design contract to Overland Pacific Cutler, LLC, in the amount of $59,937. 10.b Packet Pg. 377 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.01-Attachment 1.RESOLUTION (5867 : Agreement with Overland Pacific Cutler, LLC Resolution No. 2018-317 SECTION 3. That the City Council finds that a Mitigated Negative Declaration was adopted for this project satisfying the requirements of the California Environmental Quality Act (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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 10.b Packet Pg. 378 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.01-Attachment 1.RESOLUTION (5867 : Agreement with Overland Pacific Cutler, LLC Resolution No. 2018-317 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. _________, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICH ARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2018. ______________________________ Georgeann Hanna, MMC, City Clerk 10.b Packet Pg. 379 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.01-Attachment 1.RESOLUTION (5867 : Agreement with Overland Pacific Cutler, LLC 10.c Packet Pg. 380 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 381 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 382 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 383 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 384 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 385 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 386 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 387 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 388 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 389 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 390 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 391 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 392 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 393 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 394 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 395 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 396 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 397 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 398 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 399 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 400 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 401 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 402 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 403 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 404 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 405 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 406 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 407 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 408 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 409 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 410 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 411 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 412 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 413 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 414 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 415 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 416 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 417 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 418 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 419 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 420 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 421 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 422 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 423 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 424 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 425 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 426 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 427 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 428 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 429 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 430 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 431 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 432 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 433 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 434 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 435 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 436 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 437 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 438 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: 10.c Packet Pg. 439 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.02-Attachment 2-Agreement (5867 : Agreement with Overland Pacific Cutler, LLC Re: ATTACHMENT 3 PROJECT LOCATION LOCATION MAP SECOND STREET BRIDGE OVER WARM CREEK BRIDGE REPLACEMENT PROJECT 10.d Packet Pg. 440 Attachment: PW.OPC Agreement for 2nd St Bridge ROW.01-Attachment 3.Location Map (5867 : Agreement with Overland Pacific Cutler, LLC 11.a Packet Pg. 441 Attachment: CM.Hearing Office OAH.SECOND AMENDMENT.01.Consent Calendar (5868 : Second Amendment of Professional Services Fiscal Impact The financial impact to the City is $50,000. There is sufficient funding in the FY 2018/19 Adopted Budget in account number 001-090-0053-5502. Conclusion It is recommended that the Mayor and City Council authorize the City Manager to execute a Second Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings for hearing officer services, increasing the total amount of the agreement by $50,000, and authorizing the Director of Finance to increase the Purchase Order for a total not to exceed $245,710. Attachments Attachment 1 Second Amendment to Agreement Attachment 2 First Amendment to Agreement dated May 2, 2018 Attachment 3 Original Agreement dated June 27, 2017 Ward: All Synopsis of Previous Council Actions: On May 2, 2018, the Mayor and City Council adopted Resolution No. 2018-125, executing a first amendment to the agreement with the State of California, Department of General Services, Office of Administrative Hearings. 12/13/2018 2:41 PM 11.a Packet Pg. 442 Attachment: CM.Hearing Office OAH.SECOND AMENDMENT.01.Consent Calendar (5868 : Second Amendment of Professional Services SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS RELATED TO HEARING OFFICER SERVICES THIS SECOND AMENDMENT (“AMENDMENT”) TO AGREEMENT is made and entered into this ______ day of ______, 2018 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and the State of California, Department of General Services, Office of Administrative Hearings ("CONSULTANT"). WITNESSETH: WHEREAS, CITY and CONSULTANT entered into an Agreement for hearing officer services on June 27, 2017 (“Agreement”); and WHEREAS, CITY and CONSULTANT amended the Agreement for hearing officer services on May 2, 2018 (“Amendment”); and WHEREAS, CITY and CONSULTANT seek by this Second Amendment to increase the contract by an additional amount of $50,000 to a total amount not to exceed $245,710; and WHEREAS, funding was included for the State of California, Department of General Services, Office of Administrative Hearings for hearing officer services in the adopted FY 2018/2019 budget. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3 Compensation is hereby amended to increase the total contract amount to $245,710. 2. Original Agreement dated June 27, 2017, between the City of San Bernardino and the State of California, Department of General Services, Office of Administrative Hearings is attached as Attachment 1, and the First Amendment to Original Agreement dated May 2, 2018, between the City of San Bernardino and the State of California, Department of General Services, Office of Administrative Hearings is attached as Attachment 2. This Amendment shall be included with the Agreement to describe scope of work, invoicing and payment and general terms and conditions. 3. Except for the changes specifically set forth herein, all other terms and conditions of the agreement shall remain in full force and effect. [Signature Page Follows] 1 11.b Packet Pg. 443 Attachment: CM.Hearing Office OAH.SECOND AMENDMENT.02.ATTACHMENT 1 (5868 : Second Amendment of Professional Services SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS RELATED TO HEARING OFFICER SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, STATE OF CALIFORNIA A Charter City CONSULTANT ______________________________ ________________________ Andrea M. Miller, City Manager Signature ________________________ Name and Title ATTEST: ____________________________________ Georgeann Hanna, CMC, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 2 11.b Packet Pg. 444 Attachment: CM.Hearing Office OAH.SECOND AMENDMENT.02.ATTACHMENT 1 (5868 : Second Amendment of Professional Services lj 2'. 3''. 4''. 5'', 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22''. 23 24 25!. 26''. 27''. 28 RESOLUTION NO. 2018-125 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS, TO INCREASE THE TOTAL AMOUNT BY 147,710 AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER FOR A TOTAL AMOUNT NOT TO EXCEED $195,710. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute the First Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings, attached hereto as Exhibit "A," in an amount not to exceed 195,710. SECTION 2. The Director of Finance is hereby authorized to increase the Purchase Order for a total amount not to exceed $195,710. SECTION 3. The authorization to execute the above -referenced amendment is rescinded if the amendment is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. 1 11.c Packet Pg. 445 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.03.ATTACHMENT 2 (5868 : Second Amendment of Professional Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS, TO INCREASE THE TOTAL AMOUNT BY 147,710, AND AUTHORIZE THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER FOR A TOTAL AMOUNT NOT TO EXCEED $195,710. 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 2nd day of May 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ C BARRIOS X VALDIVIA X(m) SHORETT NICKEL RICHARD x MULVIHILL LL ABSTAIN ABSENT Georgean anna, CMt, City Clerk The foregoing Resolution is hereby approved this 2nd day of May 2018. R. Carey Davi , Mayor City of San rnardino Approved as to form: Gary D. Saenz, City Attorney By: — L' 2 11.c Packet Pg. 446 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.03.ATTACHMENT 2 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 447 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 448 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 449 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 450 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 451 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 11.d Packet Pg. 452 Attachment: CM.Hearing Officer OAH.SECOND AMENDMENT.04.ATTACHMENT 3 (5868 : Second Amendment of Professional Services 12.a Packet Pg. 453 Attachment: CAO.Jones and Mayer - Contract Extension-c2.Report (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) Fiscal Impact Funding for special counsel was included in the City Attorney’s FY 2018/19 budget within account number 001-050-0005-5503. Conclusion It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Legal Services Agreement with Jones & Mayer relating to the provision of legal services for Code Enforcement and Prosecution Services. Attachments Attachment 1 First Amendment to the Legal Services Agreement Attachment 2 Original Legal Services Agreement Ward: Citywide Synopsis of Previous Action: On July 16, 2018, the City Manager executed an agreement between Jones & Mayer for special counsel to provide legal services related to Code Enforcement and Prosecution Services 12/13/2018 2:42 PM 12.a Packet Pg. 454 Attachment: CAO.Jones and Mayer - Contract Extension-c2.Report (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR CODE ENFORCEMENT AND PROSECUTION SERVICES CITY OF SAN BERNARDINO This First Amendment (“First Amendment”) to the Legal Services Agreement Between the City of San Bernardino (“City”) and the law firm of Jones & Mayer (“Consultant”) is made and entered into this 19th day of December, 2018 (“Effective Date”). City and Consultant may hereafter be referred to as the “Parties.” WHEREAS, the Parties entered into a Legal Services Agreement for Code Enforcement and Prosecution Services on July 16, 2018 (“Original Agreement”); and WHEREAS, the Parties wish to amend the Original Agreement to extend the term until June 30, 2019, and to provide for City Council approval of the amended agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties hereby agree as follows: 1. Section 4 of the Original Agreement is hereby amended to read in its entirety as follows: “The term of this Agreement shall begin on the date of execution by both Parties and shall terminate on June 30, 2019, unless extended by the mutual written agreement of the Parties.” 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. The City ratifies the Original Agreement and all amounts paid thereunder. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the Effective Date. CITY OF SAN BERNARDINO ______________________________ Andrea M. Miller, City Manager APPROVED AS TO FORM: ______________________________ Gary D. Saenz, City Attorney JONES & MAYER ______________________________ [***INSERT NAME***], [***INSERT TITLE***] 1 12.b Packet Pg. 455 Attachment: CAO.Jones and Mayer PSA First Amendment(Code and Prosecution Services)-c2 (5869 : First Amendment to Legal Services 12.c Packet Pg. 456 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 12.c Packet Pg. 457 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 12.c Packet Pg. 458 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 12.c Packet Pg. 459 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 12.c Packet Pg. 460 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 12.c Packet Pg. 461 Attachment: CAO JONESMAYER.att2 (5869 : First Amendment to Legal Services Agreement with Jones & Mayer) 13.a Packet Pg. 462 Attachment: CAO.Cole Huber.Amended Restated PSA Cole Huber LLP.Report (5870 : Amended and Restated Professional Services Agreement 2018-19 Goals and Objectives The proposed action aligns with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The proposed increase to the cap is necessary with multiple litigation cases pending. It is appropriate, and business-like, for the City to pay vendors for the services rendered. Fiscal Impact Funding for special counsel was included in the City Attorney’s FY 2018/19 budget within account number 001-050-0005-5503. Conclusion It is recommended that the City Council authorize the City Manager to execute an Amended and Restated Professional Services Agreement with Cole Huber LLP for the provision of legal services relating to a variety of litigation matters. Attachments Attachment 1 Amended and Restated Professional Services Agreement Attachment 2 Original Professional Services Agreement Ward: Citywide Synopsis of Previous Action: On July 9, 2018, the City Manager executed an agreement with Cota Cole & Huber LLP for the provision of legal services relating to various litigation matters. 12/13/2018 3:48 PM 13.a Packet Pg. 463 Attachment: CAO.Cole Huber.Amended Restated PSA Cole Huber LLP.Report (5870 : Amended and Restated Professional Services Agreement AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT 1. On July 9, 2018, the CITY OF SAN BERNARDINO (hereinafter “CITY”) and the law firm of COTA COLE & HUBER LLP, now known as COLE HUBER LLP, (hereinafter “COLE HUBER”) entered into a Professional Services Agreement (“Original Agreement”) under which COLE HUBER performed legal services on a variety of litigation matters and several transactional matters during a period of transition in the City Attorney’s Office. The Original Agreement was entered into by the City Manager under her signature authority. Now, the CITY and COLE HUBER wish to amend and restate the Original Agreement to authorize COLE HUBER to continue to perform legal services in connection with several litigation matters which remain outstanding from the period of transition in the City Attorney’s Office. 2. COLE HUBER will be representing, or has already represented, the City in all litigation matters specified in Exhibit A, which is attached and incorporated by reference. 3. COLE HUBER shall be paid at the rate of $195 per hour for all services performed under this agreement. The amounts expended under this agreement for attorney’s fees shall not exceed $150,000 (including the amounts already expended under the Original Agreement) without further approval of the Mayor and City Council. 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of each succeeding month. 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. COLE HUBER may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of reimbursement for photocopying telephone charges and postage. 6. If attorney fees are charged “portal to portal” (e.g., from office to court and return), then COLE HUBER shall not be entitled to reimbursement for mileage and parking fees. 7. COLE HUBER shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of any litigation handled in accordance with this Agreement. COLE HUBER may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward 13.b Packet Pg. 464 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated the consultant's bill to CITY with a request that the City pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY’S Finance Department. 8. Status reports will be submitted to CITY whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set reserves, including, without limitation, potential liability exposure and percentage of fault shall be included. 9. Copies of all opinions, pleadings, discovery and motions shall be provided to designated member of City Administration or assigned department staff, which may reproduce same and provide copies to other parties. 10. Copies of any correspondence and other documents sent to any of the other parties in an action shall also be provided to the designated member of City Administration or assigned department staff. 11. Any and all settlements shall require CITY approval. Request for settlement authority shall be made through CITY Administration, which shall obtain the necessary CITY approvals. 12. To the extent required, the City Attorney shall be listed as co-counsel for the City in all actions under this Agreement. 13. Only Derek Cole, Scott Huber, Daniel S. Roberts, Karen Feld, Samuel Emerson, Steven Graham, or Nicole Roggeveen of COLE HUBER, or other senior attorney approved by the CITY shall appear in an action or provide advice to the designated member of CITY Administration or departmental staff. 14. No client development costs are to be included in billings. 15. No continuing education expenses are to be included in billings. 16. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release, and any other final documents. 17. Either party may terminate this Agreement at will. COLE HUBER will continue to represent the CITY on the terms and conditions in this Agreement until any active cases and files are transferred to another attorney. 18. COLE HUBER is an independent contractor as to the CITY. 13.b Packet Pg. 465 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated l9. COLE HUBER shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of COLE HUBER and all risks to such persons under this Agreement. COLE HUBER shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being provided under this Agreement. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non-owned vehicles. The policy shall have at least a combined single limit of $1,000,000 for bodily injury and property damage, c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows: “Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged.” COLE HUBER shall furnish certificates of insurance and certified copies of all policies and endorsements to CITY Administration evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City Administration, and shall maintain such insurance from the time COLE HUBER commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the workers compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the CITY and all parties represented under this 13.b Packet Pg. 466 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement. 20. All communications and billings to the CITY are to be directed as follows: City Attorney’s Office City of San Bernardino 290 North "D" Street San Bernardino, CA 92410 21. This Amended and Restated Professional Services Agreement shall replace and supersede the Original Agreement, except that invoices for work completed by Cole Huber as authorized by the Original Agreement may nevertheless be paid by the City. Dated: December ___, 2018 COLE HUBER LLP By: Derek P. Cole Its: Partner Dated: December ___, 2018 CITY OF SAN BERNARDINO By: Andrea Miller Its: City Manager 13.b Packet Pg. 467 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated EXHIBIT A LITIGATION CASES ASSIGNED TO COLE HUBER LLP Alexander, Jessica, et al. v. Michael W. McKinney, et al., San Bernardino Superior Court Case No. CIVDS1510158 Barse, Rajiv, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1305687 Brown, Catrice, et al. v. SBPD OFFCRS: Chase Smith, et al., United States District Court Case No. CV-18-00894 (KK) Contreras, Veronica, et al. v. Robert Hines, et al., San Bernardino Superior Court Case No. CIVDS 1708619 Dillingham, Catherine, et al. v. Giancarlo Fenyo, et al., San Bernardino Superior Court Case No. CIVDS 1710721 Ford Wholesale Company v. County of S.B., et al., San Bernardino Superior Court Case No. CIVDS1109321 Ford Wholesale Company v. County of S.B., et al., San Bernardino Superior Case No. CIVDS1722665 Gardena Business Group, LLC, et al. v. City San Bernardino, San Bernardino Superior Court Case No. CIVDS1819426 Gaspard, Amery, et al. v. DEA Task Force, et al., United States District Court Case No. CV-15-01802 Gaspard, Amery, et al. v. DEA Task Force, et al. United States District Court Case No. CV-16-02290 House, Rosa v. People of the State of California, et al., San Bernardino Superior Court Case No. CIVDS 1204063 Marlatt, Richard v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1000163 Murray, Patricia, et al. v. City of San Bernardino, et al., United States District Court Case No. CV13-00276 TJH Navarro, Eleuterio v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1701854 Pulliam, Kendra v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1815153 Shepherd, John T., et al. v. BAC Home Loan Servicing, et al., San Bernardino Superior Court Case No. CIVDS1208969 13.b Packet Pg. 468 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated Taylor, Altheia v. City of San Bernardino, et al., Los Angeles Superior Court Case No. BC701304 (Transferred to San Bernardino Superior Court Case No. CIVDS1821316) Vermeer, Robert, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1721812 13.b Packet Pg. 469 Attachment: CAO.ColeHuber.Amended and Restated Agreement with ColeHuber re Litigation Matters (5870 : Amended and Restated 13.c Packet Pg. 470 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 13.c Packet Pg. 471 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 13.c Packet Pg. 472 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 13.c Packet Pg. 473 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 13.c Packet Pg. 474 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 13.c Packet Pg. 475 Attachment: CAO.CotaCole.Agreement for Legal Services with Cota Cole for Litigation July 2018-c1 (5870 : Amended and Restated 14.a Packet Pg. 476 Attachment: PW. All-Way Stop Northpark-Ash - REPORT (5871 : Adopt a Resolution Establishing All-Way STOP Control at Intersection of control for the east/west approaches. The speed limit is 25 MPH with an average daily traffic count of 2,800 vehicles per day. Campus Parkway, a four-lane divided Secondary Arterial roadway that connects Northpark Boulevard and Kendall Drive, serves the residential area on the south. The speed limit is 40 MPH with an average daily traffic count of 5.880 vehicles per day. Valles Drive is a local street that connects the residential neighborhood on the south and the north to Campus Parkway with an existing two-way stop control for the north/south approaches. The speed limit is 25 MPH with an average daily traffic count of 390 vehicles per day. Pinnacle Lane is a local street that connects the residential neighborhood on the south to Campus Parkway with an existing one-way stop control for the south approach (“T” Intersection). The speed limit is 25 MPH with an average daily traffic count of 95 vehicles per day. All-Way Stop Control Analysis Methodology The all-way stop control warrant analysis is based on the latest 2014 California Manual on Uniform Traffic Control Devices (CAMUTCD), Section 2B.07 “Multi-Way Stop Applications” which provide the following criteria for considering a new multi-way stop sign installation: A. Where traffic controls are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. 12/13/2018 2:31 PM 14.a Packet Pg. 477 Attachment: PW. All-Way Stop Northpark-Ash - REPORT (5871 : Adopt a Resolution Establishing All-Way STOP Control at Intersection of Staff evaluated all three intersections, which included field evaluation, traffic counts, and accident history. Only the intersection of Northpark Boulevard at Ash Street has met the warrants for a STOP sign installation. It was determined that intersection safety would be enhanced if stop signs are installed. Staff presented the proposed stop sign location to the City’s Public Safety and Human Relations (PS&HR) Commission at its December 10, 2018 meeting. The Commission has supported the establishment of the all-way stops at the intersection of Northpark Boulevard and Ash Street. 2018-19 Goals and Objectives This project is consistent with Goal No. 2: Provide for the safety of City Residents and Businesses. The project will utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe. Fiscal Impact The estimated cost to install the “Stop” signs and add pavement markings is $ 2,500. Sufficient funding is included and available in the adopted FY 2018/19 Budget in the following account: 001-400-0152-5111. Conclusion Staff recommends that the Mayor and City Council adopt Resolution No. 2018-318, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of Northpark Boulevard at Ash Street. Attachments Attachment 1 Resolution Attachment 2 Vicinity Map Attachment 3 Warrants Ward: 5 Synopsis of Previous Council Actions: • On April 22,1941,Mayor and City Council adopted Resolution No. 655 12/13/2018 2:31 PM 14.a Packet Pg. 478 Attachment: PW. All-Way Stop Northpark-Ash - REPORT (5871 : Adopt a Resolution Establishing All-Way STOP Control at Intersection of Resolution No. 2018-318 RESOLUTION NO. 2018-318 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, “A RESOLUTION…DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS…” AND AUTHORIZING THE ESTABLISHMENT OF AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF NORTHPARK BOULEVARD AND ASH STREET WHEREAS, The Traffic Engineering Section of the Public Works Department received two separate requests to evaluate the intersections of Northpark Boulevard at Ash Street, Campus Parkway at Valles Drive, and Campus Parkway at Pinnacle Lane for All-way stop signs. These intersections are currently two-way stop controlled. WHEREAS, Public Works conducted a study to determine that Campus Parkway at Valles Drive and Campus Parkway at Pinnacle Lane do not meet the warrants for STOP sign installation. WHEREAS, The study determined that the intersection of Northpark Boulevard at Ash Street does meet the warrants for STOP sign installation and it was determined that intersection safety would be enhanced if stop signs are installed on the following intersection: Northpark Boulevard at Ash Street – All-Way Stop 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. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by amending Subsection (13.03) NORTHPARK BOULEVARD by adding Subsection (E) to read as follows: “ (13.03) NORTHPARK BOULEVARD (E) At its intersection with Ash Street (All-Way Stop)” 14.b Packet Pg. 479 Attachment: PW. All-Way Stop Northpark-Ash - RESOLUTION - Attachment 1 (5871 : Adopt a Resolution Establishing All-Way STOP Control at Resolution No. 2018-318 SECTION 3. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (1.55) ASH STREET to read as follows: “ (1.55) ASH STREET (A) At its intersection with Northpark Boulevard (All-Way Stop)” SECTION 4. “The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 14.b Packet Pg. 480 Attachment: PW. All-Way Stop Northpark-Ash - RESOLUTION - Attachment 1 (5871 : Adopt a Resolution Establishing All-Way STOP Control at Resolution No. 2018-318 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 14.b Packet Pg. 481 Attachment: PW. All-Way Stop Northpark-Ash - RESOLUTION - Attachment 1 (5871 : Adopt a Resolution Establishing All-Way STOP Control at 14.c Packet Pg. 482 Attachment: PW. All-Way Stop Northpark-Ash - Vicinity Map - Attachment 2 (5871 : Adopt a Resolution Establishing All-Way STOP Control at 14.d Packet Pg. 483 Attachment: PW. All-Way Stop Northpark-Ash - WARRANTS - Attachment 3 (5871 : Adopt a Resolution Establishing All-Way STOP Control at 14.d Packet Pg. 484 Attachment: PW. All-Way Stop Northpark-Ash - WARRANTS - Attachment 3 (5871 : Adopt a Resolution Establishing All-Way STOP Control at 14.d Packet Pg. 485 Attachment: PW. All-Way Stop Northpark-Ash - WARRANTS - Attachment 3 (5871 : Adopt a Resolution Establishing All-Way STOP Control at 15.a Packet Pg. 486 Attachment: PW.Co-op Agreem County for Street Rehabilitation.00-REPORT (5872 : Cooperative Agreement with the County of San Bernardino Discussion The segment of Sterling Avenue between Pacific Street and Sterling Avenue is under the shared jurisdiction of the County of San Bernardino and the City of San Bernardino. The City owns the east half of the street and the County owns the west half. On October 2, 2018, County staff requested that the City execute a Cooperative Agreement to share the cost of rehabilitating Sterling Avenue between Pacific Street and Sterling Avenue. In general, the cooperative project provides for the following: 1. Rehabilitation of the pavement on Sterling Avenue between Pacific Street and Highland Avenue. 2. Installation of access ramps to meet the current standards of the Americans with Disabilities Act (ADA). Details of the cost sharing for the work to be done is included in Exhibit A, attached to the Cooperative Agreement. A map showing the location of the project is also attached to this report. The County is the lead agency on this project and will bill the City for the cost of the environmental clearance, design, utility relocation, construction engineering, construction, inspection, and County overhead. All work will be completed within the existing street right-of-way. The City will approve the plans and issue a no fee permit for the work. Any changes (change orders) will be subject to review and approval by the City Engineer. 2018-2019 Goals and Objectives This project is consistent with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City and Goal No. 7: Pursue City Goals and Objectives by working with other agencies such as: Federal, State, and regional governments to ensure San Bernardino receives its fair share of resources by maintaining close working relationships with other governmental agencies. Fiscal Impact The total estimated cost of the Project is $1,500,000 of which the estimated City’s share is $675,000. The final City financial obligation will be based on the actual cost of work on the City’s half of the street. As part of the FY 2018/19 Capital Improvement Program, a total amount of $700,000 has been budgeted for this project. Sufficient funds are available in Account No. 129-160-8675-5504 to cover the City’s share of the cost of this project. The County will perform the work and bill the City for its fair share of the cost of the project within the City limits of San Bernardino. 12/13/2018 2:28 PM 15.a Packet Pg. 487 Attachment: PW.Co-op Agreem County for Street Rehabilitation.00-REPORT (5872 : Cooperative Agreement with the County of San Bernardino Conclusion Staff recommends that the Mayor and City Council Adopt Resolution No. 2018-319, approving a Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (SS19-001). Attachments Attachment 1 Resolution Attachment 2 Cooperative Agreement for Sterling Avenue Rehabilitation between Pacific Street and Highland Avenue Attachment 3 Location Map Ward: 7 Synopsis of Previous Council Actions: June 20, 2018 Adopted Resolution No. 2018-189 approving Capital Improvement Program FY 2018/19. 12/13/2018 2:28 PM 15.a Packet Pg. 488 Attachment: PW.Co-op Agreem County for Street Rehabilitation.00-REPORT (5872 : Cooperative Agreement with the County of San Bernardino Resolution No. 2018-319 RESOLUTION NO. 2018-319 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR STERLING AVENUE REHABILITATION FROM PACIFIC STREET TO HIGHLAND AVENUE (SS19-001) WHEREAS, Sterling Avenue from Pacific Street to Highland avenue is a joint jurisdiction between the City of San Bernardino (City) and the County of San Bernardino (County); and WHEREAS, the Capital Improvement Program for FY 2018/19 contains a Cooperative Project (Project) with the County of San Bernardino Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (SS19-001); and WHEREAS, the County of San Bernardino has requested that the City execute a Cooperative Agreement to establish the rights and responsibilities of both parties regarding the work necessary to accomplish said Project. 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 execute on behalf of the City a Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (SS19-001) attached hereto as attachment no.2 and made a part hereof. 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. 489 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02-Attachment 1.RESOLUTION (5872 : Cooperative Agreement with the County Resolution No. 2018-319 APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2018. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 15.b Packet Pg. 490 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02-Attachment 1.RESOLUTION (5872 : Cooperative Agreement with the County Resolution No. 2018-319 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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. 491 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02-Attachment 1.RESOLUTION (5872 : Cooperative Agreement with the County Public Works Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E., Chief - Transportation Planning Division Telephone Number (909) 387-8166 Contractor City of San Bernardino Contractor Representative Alex Qishta, P.E. Telephone Number (909) 384-5179 Contract Term 12/19/2018 – 6/30/2022 Original Contract Amount $675,000 Amendment Amount Total Contract Amount $675,000 Cost Center 6650002000 34H14784 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 a pavement rehabilitation and an American with Disabilities Act (ADA) curb ramp project and other related improvements on Sterling Avenue, from Pacific Street north to Highland Avenue, in the San Bernardino area (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 and COUNTY Senate Bill 1 Road Maintenance and Rehabilitation Account funds and CITY’s share of PROJECT costs will be financed through its Measure I local funds; and Contract Number SAP Number Standard Contract Page 1 of 8 15.c Packet Pg. 492 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County WHEREAS, the total PROJECT cost is estimated to be $1,500,000; and WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $825,000 and the CITY’s share of PROJECT cost is estimated to be $675,000, 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 preliminary engineering, design, survey, California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), utility relocation work, construction, construction engineering, and inspection of the PROJECT. Right- of-way activities are not anticipated for the PROJECT and therefore are not part of this Agreement. 1.2 Provide plans and specifications for the PROJECT for CITY’s review and approval. 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 3.14 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 counties. 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. COUNTY shall maintain these records for a period of three (3) years following completion of the PROJECT. 1.9 After bid opening and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY percentage share determined from the bid result. 1.10 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY as provided in this Agreement. 1.11 Based on the COUNTY percentage calculated pursuant to paragraph 1.10, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation work, construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $825,000 and shall not exceed $1,031,250 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.28. 1.12 Upon PROJECT completion and the capture of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.9 and 2.3, an invoice for the remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in Section 2.4 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs Revised 10/18/17 Page 2 of 8 15.c Packet Pg. 493 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.9 and 2.3, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting. 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 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.9 above, pay to the COUNTY the invoiced amount. 2.4 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.12 above, pay to the COUNTY the remainder of CITY’s share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.10. The PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation work, construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of PROJECT costs is currently estimated to be $675,000 and shall not exceed $843,750 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative. 3.0 IT IS MUTUALLY AGREED: 3.1 The PROJECT contemplated herein shall be paid for and constructed in accordance with all applicable laws. 3.2 Parties shall requires all contractors to comply with all applicable State wage and hour laws for the PROJECT. 3.3 The Parties hereby acknowledge that neither the Parties nor any employees of the Parties shall have any control over the method or means by which the contractor and its agents and employees perform the services contemplated in the PROJECT. 3.4 The plans and specifications for the PROJECT shall be the joint property of the Parties. Any Party shall be entitled to use or reuse of the plans and specifications for this Project on other projects and/or use uncompleted documents for any purpose. Any use or reuse by CITY of the PROJECT’s plans and specifications shall be at the CITY’s sole risk. 3.5 Parties agree that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. The Parties shall ensure their employees and the contractor’s employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 3.6 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area and the CITY shall be responsible for performing any and all work (including, but not limited to, maintenance) for CITY streets in the PROJECT limits that are in the CITY incorporated area. 3.7 COUNTY agrees to indemnify, defend (with counsel approved by CITY), 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. 3.8 CITY agrees to indemnify, defend (with counsel approved by COUNTY), and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions which arise from CITY’s performance of its obligations under this Agreement. 3.9 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. Revised 10/18/17 Page 3 of 8 15.c Packet Pg. 494 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County 3.10 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 3.7, 3.8 and 3.9. 3.11 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. 3.12 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 3.13 below)) over the estimated total of the PROJECT’s cost of $1,500,000 (which is the sum of $825,000 from COUNTY and $675,000 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) up to the amounts set forth in Section 1.11 and 2.4, respectively. 3.13 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 pursuant to paragraph 3.28 will be paid solely by the Party requesting the work. 3.14 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 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. 3.15 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of over 25% of the estimated total of the PROJECT costs will occur, COUNTY shall stop design work and provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the 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. 3.16 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 least fourteen (14) calendar days prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor. 3.17 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. 3.18 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 or the Amended Exhibit A pursuant to paragraph 3.15 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer 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 sixty (60) 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. 3.19 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 Revised 10/18/17 Page 4 of 8 15.c Packet Pg. 495 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County 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. 3.20 This Agreement may be cancelled/terminated without cause upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel/terminate this Agreement without cause after COUNTY awards a contract to construct the PROJECT. In the event of cancellation/termination as provided herein, including termination pursuant to paragraphs 3.15, 3.16 and 3.18 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. 3.21 If either CITY or COUNTY breaches any provision of this Agreement, the non-breaching party may give written notice to the breaching party by registered or certified mail detailing the breaching party’s violations. If such violation is not corrected within 30 days from the date of the notice of violation or a reasonable period of time as may be required to cure the violation, whichever occurs last, the non-breaching party may, without further notice, declare the breaching party to be in breach of this Agreement. Upon such declaration, the non-breaching party may pursue any remedy available under local, state or federal law. This provision does not waive any applicable Government Code requirements concerning the presentation and consideration of claims. 3.22 Except as provided in paragraphs 3.20 and 3.34, 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 or refund by COUNTY pursuant to paragraph 1.12. 3.23 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.24 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. 3.25 Time is of the essence for each and every provision of this Agreement. 3.26 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. 3.27 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. 3.28 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. 3.29 No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 3.30 In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so Revised 10/18/17 Page 5 of 8 15.c Packet Pg. 496 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County material that its invalidity deprives either Party of the basic benefit of the bargain or renders this Agreement meaningless. 3.31 With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 3.32 All privileges and immunities of the Parties provided by state or federal law shall remain in full force and effect. 3.33 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.34 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.22 or June 30, 2022 (whichever occurs first). 3.35 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. City of San Bernardino 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 15.c Packet Pg. 497 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County 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 EXHIBIT A DESCRIPTION AMOUNT COUNTY OF SAN BERNARDINO SHARE CITY OF SAN BERNARDINO SHARE Construction $1,162,000 $639,000 $523,000 All Other Costs such as preliminary engineering, design, survey, CEQA compliance, construction, construction engineering, inspection and County overhead $338,000 $186,000 $152,000 TOTAL $1,500,000 $825,000 $675,000 Revised 10/18/17 Page 7 of 8 15.c Packet Pg. 498 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: STERLING AVENUE COUNTY OF SAN BERNARDINO CONTRACT # File: H14784 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 CITY OF SAN BERNARDINO APPROVED Subject to Comments/Revisions Accompanying This Document APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO ______% of Actual Cost to be Funded by CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Participation Not to Exceed $ _________________________ DISAPPROVED -Not Acceptable to CITY 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 Resident Engineer (FAX # 909-387-7927) Signed Original for CITY OF SAN BERNARDINO File Revised 10/18/17 Page 8 of 8 15.c Packet Pg. 499 Attachment: PW.Co-op Agreem County for Street Rehabilitation.02- Attachmnet 2-AGREEMENT (5872 : Cooperative Agreement with the County 600ft600ft600ft600ft600ft -117.250 34.137 Degrees Find address or place+ – All rights reserved Wards Map with Web AppBuilder for ArcGIS Page 1 of 1Wards Map 10/15/2018http://sbcity.maps.arcgis.com/apps/webappviewer/index.html?id=196e49ebf1944fb0bf4dd75210445d69 15.dPacket Pg. 500Attachment: PW.Co-op Agreem County for Street Rehabilitation.01-Attachment 3.Location Map (5872 : Cooperative Agreement with the County 16.a Packet Pg. 501 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 00-REPORT (5873 : Agreement with Z&K Consultants, Inc. and 2018-19 Goals and Objectives This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City and will assist to contribute to well-maintained public buildings for sustained economic growth. Fiscal Impact Z&K Consultant Inc. and Infrastructure Engineers services will be paid through various CIP projects. Sufficient funds are available in the current budget to absorb the contract amount. Conclusion It is recommended the Mayor and City Council adopt Resolution No. 2018-320 approving Agreements with Z&K Consultants Inc. for $100,000 and Infrastructure Engineers for $100,000 to provide Public Works Construction Inspector Services. Attachments Attachment 1 Resolution Attachment 2 - Exhibit A Agreement with Z&K Consultants Inc. Attachment 3 - Exhibit B Agreement with Infrastructure Engineers Ward: All Synopsis of Previous Council Actions: None 12/13/2018 2:44 PM 16.a Packet Pg. 502 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 00-REPORT (5873 : Agreement with Z&K Consultants, Inc. and Resolution No. 2018-320 RESOLUTION NO. 2018-320 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AGREEMENTS WITH Z&K CONSULTANTS INC. FOR $100,000 AND INFRASTRUCTURE ENGINEERS FOR $100,000 TO PROVIDE PUBLIC WORKS CONSTRUCTION INSPECTOR SERVICES. WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No. 2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY 2018/19; and WHEREAS, City does not have enough resources to fulfill inspection needs for the CIP projects; and WHEREAS, That Z&K Consultants Inc. located at 22295 Jessamine Way, Corona, California 92883., and Infrastructure Engineer located at 3060 Saturn Street, Suite 250, Brea, California 92821, have resources to provide qualified and experienced personals to perform construction inspection; 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/her designee is hereby authorized and directed to award a contract to Z&K Consultants Inc., in the amount of $100,000, attached hereto as Exhibit A. SECTION 3. The City Manager or his/her designee is hereby authorized and directed to award a contract to Infrastructure Engineers, in the amount of $100,000, attached hereto as Exhibit B. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 16.b Packet Pg. 503 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5873 : Agreement with Z&K Resolution No. 2018-320 SECTION 6 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 16.b Packet Pg. 504 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5873 : Agreement with Z&K Resolution No. 2018-320 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. _________, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 16.b Packet Pg. 505 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5873 : Agreement with Z&K Exhibit A 16.c Packet Pg. 506 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 507 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 508 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 509 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 510 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 511 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 512 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 513 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 514 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 515 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 516 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 517 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement Crystal Faqih President ` 16.c Packet Pg. 518 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 519 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 520 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 521 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement 16.c Packet Pg. 522 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement Z&K (5873 : Agreement Exhibit B 16.d Packet Pg. 523 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 524 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 525 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 526 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 527 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 528 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 529 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 530 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 531 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 532 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 533 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 534 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INFRASTRUCTURE ENGINEERS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO CONSULTANT Approved By: Andrea M. Miller City Manager Signature Approved as to Form: Name ****Approved Form**** GaryD. Saenz City Attorney Title Attested By : Georgeann Hanna, MMC City Clerk 13 16.d Packet Pg. 535 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 536 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 537 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 16.d Packet Pg. 538 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 003-Attachment 3-Exhibit B- Agreement Infrastructures (5873 : 17.a Packet Pg. 539 Attachment: CD.MIG CSA Amendment.Staff Report (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano assistance with the materials presented to the Planning Commission during the preliminary review workshops. In addition to the meetings that MIG is expected to attend, it is expected that there will be supplementary work needed with regard to the Sign Code. MIG along with staff will need to make sure the Sign Code and the Development Code work cohesively together so there is no contradiction between the two codes. The clean-up work can be completed at an additional cost of $5,000. Development Code Update The current contract for the Sign Code is set to expire on December 31, 2018. The proposed amendment would extend the contract through December 31, 2019. 2018-19 Goals and Objectives The request for Amendment Number Two, an increase to the compensation amount and time extension aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. Fiscal Impact The financial impact to the City is $5,000. There is sufficient funding in the FY 2017/18 Adopted Budget in account number: 001-180-0029-5502. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2018-321, authorizing the City Manager to execute Amendment No. 2 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. to increase the compensation by $5,000 to an amount not to exceed $67,925 and to extend the term to December 31, 2019, for the preparation of the Comprehensive Signage Regulations Update. Attachments Attachment 1 Resolution; Exhibit A - Amendment Number Two Attachment 2 Original Agreement dated September 2, 2016 Attachment 3 Authorization for Additional Services Ward: All Synopsis of Previous Council Actions: On September 6, 2016, the Mayor and City Council adopted Resolution No. 2016-181, approving a contract with Moore Iacofano Goltsman, Inc. On April 18, 2018, the Mayor and City Council adopted Resolution No. 2018-114, approving Amendment Number One with Moore Iacofano Goltsman, Inc. 12/13/2018 2:48 PM 17.a Packet Pg. 540 Attachment: CD.MIG CSA Amendment.Staff Report (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Resolution No. 2018-321 RESOLUTION NO. 2018-321 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH MOORE IACOFANO GOLTSMAN, INC. TO INCREASE THE COMPENSATION BY $5000 TO AN AMOUNT NOT TO EXCEED $67,925 AND EXTEND THE TERM TO DECEMBER 31, 2019 FOR THE PREPARATION OF THE COMPREHENSIVE SIGNAGE REGULATIONS UPDATE WHEREAS, On September 6, 2016, the Mayor and City Council adopted a Resolution approving the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) to prepare a comprehensive update to the City’s signage regulations. The original compensation approved was $59,925 and the term was July 30, 2017; and WHEREAS, In April 2018 staff took an amendment to the original contract requesting an additional $3,000 to cover the cost of two public meetings and extended the contract date to December. The parties now wish to increase the total compensation by an additional $5,000 to ensure consistency between the sign code and development code. 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 her designee is hereby authorized and directed to execute Amendment No. 2 to a Consulting Services Agreement with Moore Iacofano Goltsman, Inc. in an amount not to exceed $67,925.00 for a term until December 31, 2019, attached hereto 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. 17.b Packet Pg. 541 Attachment: CD.MIG CSA Amendment.Resolution (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Goltsman, Resolution No. 2018-321 APPROVED and ADOPTED by City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2018. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 17.b Packet Pg. 542 Attachment: CD.MIG CSA Amendment.Resolution (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Goltsman, Resolution No. 2018-321 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 17.b Packet Pg. 543 Attachment: CD.MIG CSA Amendment.Resolution (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Goltsman, AUTHORIZATION FOR ADDITIONAL SERVICES REQUEST PROJECT NAME: San Bernardino Sign Regulations DATE: November 8, 2018 PROJECT LOCATION: Citywide JOB # 13811 CLIENT: City of San Bernardino ADDRESS: 290 North D St REQUEST # 2 San Bernardino, CA 92401 MIG hereby requests authorization to proceed with additional services as based on the following. Scope of Services: (See Exhibit A: Additional Services Work Scope) Change in Fee: $5,000 Original Fee: $59,925 Previous Additional Services Requests: $3,000 Current Adjusted Fee: $62,925 Current Additional Services Request: $5,000 New Adjusted Fee: $67,925 Payment Schedule: Per existing contract Approvals: Moore Iacofano Goltsman, Inc. Client: Signature Date: Date: Moore Iacofano Goltsman, Inc Main Office: 800 Hearst Avenue, Berkeley, CA 94710 MIG San Diego: 3111 Camino del Rio North, Suite 100, San Diego, CA 92108 MIG Pasadena: 537 S. Raymond Avenue, Pasadena, CA 91105 MIG Fullerton: 801 N. Harbor Boulevard, Fullerton, CA 92832 MIG Portland: 815 SW 2nd Avenue, #200, Portland, OR 97204-3022 MIG Eugene: 199 E. 5th Avenue, Suite 33, Eugene, OR 97401 Attachment "A"17.c Packet Pg. 544 Attachment: CD.MIG CSA Amendment.Amendment Two.Exhibit A (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Exhibit A: Additional Services Work Scope City of San Bernardino Sign Regulations MIG Additional Scope of Services This additional services scope of work is provided at the request of the City of San Bernardino. Additional Services as outlined below will be billed on a percent-complete basis, not to exceed $5,000. New Task: Contingency for Signage Regulations Changes The Signage Regulations project has been on hold during staff transitions. A contingency is established to accommodate potential changes to the Signage Regulations, based on new staff comments. The contingency allowance will be utilized only with approval of City staff. 17.c Packet Pg. 545 Attachment: CD.MIG CSA Amendment.Amendment Two.Exhibit A (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Attachment 2 17.d Packet Pg. 546 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 547 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 548 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 549 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 550 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 551 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 552 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano 17.d Packet Pg. 553 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Exhibit “A” AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MOORE IACOFANO GOLTSMAN, INC. FOR THE PREPARATION OF THE COMPREHENSIVE SIGNAGE REGULATIONS UPDATE THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into this 5th day of December, 2018 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and MOORE IACOFANO GOLTSMAN, INC. ("CONSULTANT"). W I T N E S S E T H: WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services Agreement on September 6, 2016; and WHEREAS, CITY and CONSULTANT entered into Amendment Number One on April 18, 2016 amending the Original Consulting Services; and WHEREAS, CITY and CONSULTANT now wish to amend the agreement to increase the contract by an additional amount of $5,000 to ensure there is consistency between the Sign Code and the Development Code; and WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term of the Agreement to December 31, 2019. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 2.1 Compensation is hereby amended as follows “Over the term of this Agreement, CONSULTANT shall be paid an amount not to exceed $67,925.00 as described in the Additional Scope of Services, attached hereto as Attachment "A.” 2. Section 3.1 Term is hereby amended as follows “This Agreement shall commence on the Effective Date and continue through December 31, 2019, unless the Agreement is previously terminated as provided for herein.” 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by and through their respective authorized officers, as of the date first above written. 1 17.e Packet Pg. 554 Attachment: CD.MIG CSA Amendment.Amendment Two.Attachment 3 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore Exhibit “A” AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MOORE IACOFANO GOLTSMAN, INC. FOR THE PREPARATION OF THE COMPREHENSIVE SIGNAGE REGULATIONS UPDATE CITY OF SAN BERNARDINO, MOORE IACOFANO GOLTSMAN, INC. A Charter City CONSULTANT _________________________________ ________________________ Andrea M. Miller, City Manager Signature _________________________ Name and Title ATTEST: ____________________________________ Georgeann Hanna, CMC, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 2 17.e Packet Pg. 555 Attachment: CD.MIG CSA Amendment.Amendment Two.Attachment 3 (5874 : Amendment No. 2 to Consulting Services Agreement with Moore 18.a Packet Pg. 556 Attachment: CM.Mayor Vacancies.Staff Report (5875 : Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 of 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: 2.03.010 Vacancies “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 Mayor and City Council adopt Ordinance No. MC-1510 Establishing Procedures for Filling Mayor Vacancies. Attachments Attachment 1 Ordinance No. MC 1510 Ward: All 12/5/18 – Ordinance No. MC 1510 amending Chapter 2.03 of Title 2 establishing procedures for filling Mayoral vacancies introduced. 11/21/18 – Ordinance No. MC-1509 adopted for final reading, staff directed to amend Chapter 2.03. 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 staff to prepare an ordinance consistent with the former City Charter. 12/13/2018 2:45 PM 18.a Packet Pg. 557 Attachment: CM.Mayor Vacancies.Staff Report (5875 : Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 of 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: 2.03.010 Vacancies “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 1 18.b Packet Pg. 558 Attachment: CM.Mayor Vacancies.ORD final (5875 : Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 of Municipal Ordinance No. MC-1510 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 2 18.b Packet Pg. 559 Attachment: CM.Mayor Vacancies.ORD final (5875 : Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 of Municipal Ordinance No. MC-1510 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 Ordinance No. MC _____, 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 SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 3 18.b Packet Pg. 560 Attachment: CM.Mayor Vacancies.ORD final (5875 : Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 of Municipal 19.a Packet Pg. 561 Attachment: Council.October 2018 BCCAC Agendas and Minutes.STAFF REPORT (5876 : October 2018 City Board, Commission, and Citizen Fiscal Impact No fiscal impact to the City. Conclusion Receive and file the minutes from the City board, commission, and citizen advisory committee meetings that took place in October 2018. Attachment Attachment 1 - October 2018 City Board, Commission and Citizen Advisory Committee Meeting agendas and minutes; Exhibit “A” Animal Control Commission; Exhibit “B” Parks, Recreation & Community Services; Exhibit “C” Personnel Commission; Exhibit “D” Planning Commission; Exhibit “E” Water Board 12/13/2018 3:19 PM 19.a Packet Pg. 562 Attachment: Council.October 2018 BCCAC Agendas and Minutes.STAFF REPORT (5876 : October 2018 City Board, Commission, and Citizen 19.b Packet Pg. 563 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 564 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 565 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 566 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 567 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 568 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 569 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 570 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 571 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 572 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 573 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 574 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 575 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 576 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 577 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 578 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 579 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 580 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 581 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 582 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 583 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 19.b Packet Pg. 584 Attachment: Council.October 2018 BCCAC Approved Minutes (5876 : October 2018 City Board, Commission, and Citizen Advisory Committee 20.a Packet Pg. 585 Attachment: Water.Inland Center Prop Exchange.Report (5877 : Property Exchange Agreement Between the City and ACAA LP) At the December 11, 2018, regular meeting of the Board of Water Commissioners, the Water Board unanimously approved the Property Exchange. Fiscal Impact There is no fiscal impact to the City. The Property Exchange does not involve compensation because the values are essentially equal and the properties are adjacently located. 2018-2019 Goals and Objectives The proposed Agreement aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City. The exchange and future alley vacation and easements supports this project and the long-term economic growth in the City, specifically in this area of the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2018-324, approving the Real Property Exchange Agreement between the City and ACAA LP, and authorizing the City Manager to execute the agreement. Attachments Attachment 1 Property Exchange Exhibit Attachment 2 Resolution; Exhibit 1 – Real Property Exchange Agreement Attachment 3 Water Board Staff Report Ward: 1 Synopsis of Previous Council Actions: N/A 12/13/2018 2:55 PM 20.a Packet Pg. 586 Attachment: Water.Inland Center Prop Exchange.Report (5877 : Property Exchange Agreement Between the City and ACAA LP) 0141-222-26INLAND CENTER DRSCENIC DR I- 2 1 5 F WY PARCEL 1 Parcel 2 City Council Ward 3 0141-222-24 µDocument Path: K:\Projects\Maps\Parcels_Swap.mxdL a n d S w a p A g r e ement for841 I n l a n d C e n ter Drive Parcel 1 Ow ner: ACAA LP Are a: 281 Sq uare Feet Parcel 2 Ow ner: City of San Bernardino Are a: 281 Sq uare Feet 20.bPacket Pg. 587Attachment: Water.Inland Center Property Exchange.Attach 1 - Prop Exchange Exhibit_12112018 (5877 : Property Exchange Agreement Resolution No. 2018-324 RESOLUTION NO. 2018-324 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE REAL PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY AND ACAA LP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, ACAA LP is currently the owner of two parcels of land containing approximately 0.78 total acres located at 841 South Inland Center Drive; WHEREAS, the City owns a parcel adjacent to the ACAA LP parcels where the Water Department operates and maintains a wastewater pumping station; and WHEREAS, on December 11, 2018, the Water Board of the City of San Bernardino, California, approved the Real Property Exchange Agreement with ACAA LP and forwarded said agreement to the Mayor and City Council for approval. 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 Mayor and City Council hereby approve the Real Property Exchange Agreement (Exhibit “1”) and authorize the City Manager to execute said agreement. SECTION 3. That 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. John Valdivia, Mayor City of San Bernardino 20.c Packet Pg. 588 Attachment: Water.Inland Center Property Exchange.Attach 2.Resolution (5877 : Property Exchange Agreement Between the City and ACAA Resolution No. 2018-324 Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 20.c Packet Pg. 589 Attachment: Water.Inland Center Property Exchange.Attach 2.Resolution (5877 : Property Exchange Agreement Between the City and ACAA Resolution No. 2018-324 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 20.c Packet Pg. 590 Attachment: Water.Inland Center Property Exchange.Attach 2.Resolution (5877 : Property Exchange Agreement Between the City and ACAA REAL PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT is made and shall be effective (the "Effective Date") on the date by which it has been executed by all parties hereto, by and between the City of San Bernardino, a municipal corporation ("San Bernardino"), and ACAA LP ("ACAA LP") hereinafter collectively referred to as "the Parties" and each individually as a "Party'”. Recitals A. San Bernardino is the owner of a certain parcel of vacant land generally designated in the records of the San Bernardino County Assessor as Assessor Parcel No. 0141-222-24, and more particularly described in Exhibits "A" and "B" attached to this Agreement and incorporated by reference (hereinafter referred to as the "San Bernardino Parcel"). B. ACAA LP is the owner of a certain parcel of land generally designated in the records of the San Bernardino County Assessor as Assessor Parcel No. 0141-222-26, and more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein by reference (hereinafter referred to as the "ACAA LP Parcel"). C. The Parties desire to exchange portions of their respective parcels as follows: San Bernardino will exchange a section of land consisting of approximately 281 square feet of area as shown on Exhibit "B", and ACAA LP will exchange a section of land consisting of approximately 281 square feet of area as shown on Exhibit "B". The ACAA LP Parcel and the San Bernardino Parcel are equivalent in value. Transferring ownership of the parcels to the Party that requires use of the respective parcel, in accordance with the terms and conditions set forth herein, will benefit both of the Parties. WHEREFORE THE PARTIES AGREE AS FOLLOWS: 1. The Parties hereby agree that, on the Closing Date (defined below), the ACAA LP Parcel will be conveyed to ACAA LP and the San Bernardino Parcel will be conveyed to San Bernardino, both of which transfers shall occur concurrently through escrow. Except as otherwise provided in this Agreement, these conveyances will be for and in consideration of each other and on the terms and conditions set forth in this Agreement. 2. Both conveyances will be free and clear of all covenants, conditions, restrictions, reservations, easements, and other liens, unless such items are specifically approved by the Parties pursuant to Paragraphs 10, 11 and 12 below. 3. For purpose of the exchange, the ACAA LP Parcel and the San Bernardino Parcel are deemed to be equivalent in value. 4. The exchange of the parcels will be consummated by means of an escrow opened at First American Title Insurance Company at 3281 East Guasti Road, Suite 440, Ontario, California 91761 or other licensed escrow agent (the "Escrow holder") and said escrow shall close no later than _____________________, or sooner if possible and approved by all Parties hereto (the "Closing Date"). If escrow cannot close by the Closing Date, for any reason, the escrow will be automatically terminated, and the Escrow holder will, upon demand of such Party, return all 20.d Packet Pg. 591 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange funds and documents deposited in the escrow to the Party depositing them, unless the Closing Date is extended by the Parties in writing. 5. The Parties shall deliver joint or separate escrow instructions to the Escrow holder at least ten days prior to the Closing Date. Said escrow instructions must be consistent with the terms and conditions of this Agreement and to the extent there is any inconsistency, this Agreement will control. The escrow instructions must provide that San Bernardino's grant deed for the ACAA LP Parcel and ACAA LP's grant deed for the San Bernardino Parcel will be recorded concurrently. Prior to Closing each Party shall deliver a grant deed to convey the ACAA LP Parcel and the San Bernardino Parcel, as applicable, to the appropriate Party. In addition, ACAA LP and San Bernardino shall deliver original, executed, notarized and unconditional "certificates of acceptance" with respect to the ACAA LP Parcel and the San Bernardino Parcel, respectively. All Parties shall also provide any documents or information reasonably required by Escrow holder in order to close the transaction contemplated by this Agreement and issue the title policies described in Paragraph 6, below. All Parties shall pay their respective shares of the closing costs associated with this transaction in accordance with custom and practice in San Bernardino County, California. The enforcement of the exchange and grant described herein and closing of escrow provided for in this Agreement are contingent upon the performance of each Party of all matters required to be performed by that Party under this Agreement. 6. At the close of escrow, San Bernardino shall be entitled to receive from First American Title Insurance Company a C.L.T.A. standard coverage policy of title insurance for all of the San Bernardino Parcel in the aggregate amount of $_________ showing title to the San Bernardino Parcel vested in San Bernardino free and clear of all matters except those stated hereinabove. At the close of escrow, ACAA LP shall be entitled to receive from First American Title Insurance Company a C.L.T.A. standard coverage policy of title insurance in the amount of $______ showing title to the ACAA LP Parcel vested in ACAA LP, free and clear of all matters except those stated hereinabove. The cost of each of policies specified by this paragraph shall be borne by each of the policies respective insured. 7. Each Party must deposit into the escrow provided for in this Agreement all funds and instruments required by this Agreement on or prior to the Closing Date. 8. Within 20 days after the Effective Date each Party, at its sole cost, shall obtain and furnish the acquiring Party with a preliminary title report on each of the parcel or parcels to be conveyed by that Party from First American Title Insurance Company, together with copies of all documents shown as exceptions or encumbrances in said reports. On or before the end of the Inspection Period (or ten days after receipt of the foregoing title information, whichever is later), each acquiring Party shall notify the Party that furnished the title report of any exceptions in the title report to which they reasonably object. If the acquiring Party objects to any exceptions contained in the title reports the Party furnishing the report shall, within ten days after receipt, deliver to the acquiring Party written notice that it will, at its expense, endeavor to remove the objectionable exceptions before the close of escrow, or that it is unwilling or unable to eliminate such exceptions by the close of escrow, in which case the acquiring Party may either elect to acquire its parcel subject to such exceptions, or to terminate this Agreement. In the event that the acquiring Party fails to notify the Party furnishing the title report of its decision under this 20.d Packet Pg. 592 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange paragraph within said ten-day period, the acquiring Party shall be deemed to have elected to acquire the parcel or parcels subject to any such exceptions. 9. At close of escrow, title to the ACAA LP Parcel shall be vested in ACAA LP and the San Bernardino Parcel shall be vested in San Bernardino. 10. As a material part of this Agreement, San Bernardino acknowledges that the San Bernardino Parcel, and ACAA LP acknowledges that ACAA LP Parcel are being conveyed "AS IS" in their present condition, without any warranties from the conveying Party or Party's agents or representative other than as expressly set forth herein or in the grant deed for such property. The Parties are free to perform any inspections, investigations or other reviews of documents regarding the respective parcel(s) being received in this exchange. Except as otherwise provided in this Agreement, any such inspections, investigations or document review will in no way delay, excuse or prevent the Parties' obligations under the Agreement. The Parties further acknowledge that as of the close of escrow, each will be aware of all zoning regulations, other governmental requirements, site and physical conditions, and other matters affecting the use and condition of the respective parcel(s) being received in the exchange, including, without limitation, the size and age of said parcel, boundary lines and boundaries, waste disposal, governmental requirements and limitations, rent and occupancy control, water and utilities, environmental hazards, geologic conditions, neighborhood, area and any subdivision conditions or personal factors of any kind. 11. San Bernardino grants to ACAA LP with regard to the ACAA LP Parcel, and ACAA LP grants to San Bernardino with respect to the San Bernardino Parcel, the right, within 30 days after the Effective Date (the "Inspection Period"), to enter onto the respective parcels to inspect and evaluate said parcels, provided that each Party agrees to indemnify, defend, release and hold harmless the Party whose property is subject to entry and inspection from all costs, expenses, claims or liabilities for personal injury or property damages resulting from said acts, including physical damage to the respective parcel of the other resulting from the acts. On or before the conclusion of the Inspection Period, each of the Parties herein shall notify the Party from whom such Party is accepting a conveyance of land, in writing, of any objections or disapproval regarding the condition of the respective parcels. If a Party fails to notify the conveying Party of any such objections or disapprovals within said period, the Party failing to object or disapprove shall conclusively be deemed to have completed all inspections and evaluations of the respective parcel, waived its right to object or disapprove and made an election to proceed with the acquisition or grant of the respective interest as set forth herein. If a Party, in a timely manner, objects or disapproves of the condition of the property it is to acquire pursuant to this Agreement, the owner of such property shall, within ten days after receipt of said written objection or disapproval, deliver to the objecting Party a written notice that either the owner of that property will, at its expense, endeavor to cure the defect or item or is unwilling or unable to cure such defect or item by the Closing Date, in which case the objecting Party may either elect to purchase the property subject to such objections, or to terminate this Agreement. In the event that the owner fails to notify the objecting Party of its decision under this paragraph within said ten- day period, the owner of the parcel shall be deemed to have elected not to cure any such defect or item. Unless the owner of the property subject to any such objections agrees to cure all defects or objectionable items within the foregoing ten day period, the objecting Party shall have five days following receipt of written notice in which the owner of the subject property declines to cure one or more defects or objectionable items (or five days following the foregoing ten-day period if the 20.d Packet Pg. 593 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange property owner does not respond and is deemed to have elected not to cure any defects or objectionable items) to elect in writing to terminate this Agreement, and the objecting Party's failure to timely object shall be deemed such Party's election to proceed with the transaction notwithstanding the property owner's failure to cure some or all of any defects or objections raised by such Party. 12. When applicable to any parcel described herein and required by law, each Party to this Agreement shall, within 15 days of the Effective Date, provide to the Party to whom it will deed its property on the Closing Date, at its own expense, the following disclosures and information. The Party acquiring such property then shall have until the end of the Inspection Period (or ten days after receipt of the foregoing title information, whichever is later) to investigate the disclosures and information and provide written notice to the disclosing Party of any item(s) disapproved, with any such disapproved matters to be subject to the terms and conditions of Paragraph 11 above. The acquiring Party's failure to disapprove any such item in a timely manner shall be deemed an acceptance of the disclosures and information, which shall include: a. Geologic/Seismic Hazard Zones Disclosure. If a parcel described herein is located in either: (1) a Special Studies Zone pursuant to Public Resources Code §§2621- 2625; (2) a Seismic Hazard Zone pursuant to Public Resources Code §§2690-2699; or, (3) a locally designated geological, seismic or other hazard zone or area where disclosure is required, the owner of the parcel shall disclose this information to the acquiring Party. b. Special Flood Hazard Areas. If a parcel described herein is located in a Special Flood Hazard Area designated by the Federal Emergency Management Agency, owner of the parcel shall disclose this information to the acquiring Party. c. State Fire Responsibility Areas. If a parcel described herein is located in a State Fire Responsibility Area, owner of the parcel, pursuant to Public Resources Code §4136, shall disclose this information to the acquiring Party. 13. Except as otherwise provided herein, San Bernardino represents and warrants to ACAA LP that: a. Condition of Title. Except as otherwise provided herein, San Bernardino owns the ACAA LP Parcel, free and clear of all liens, licenses, claims, encumbrances or easements not disclosed by the public record. To the best of San Bernardino's knowledge, the ACAA LP Parcel is otherwise free and clear of encroachments from adjacent properties, encroachments by improvements on said parcel onto adjacent properties, and rights of way of any nature, not disclosed by the public record. b. Litigation Matter. San Bernardino has no knowledge of any pending litigation involving the ACAA LP Parcel. c. Environmental Hazards. San Bernardino represents that no notices of any violation of any Environmental Laws have been received by San Bernardino and San Bernardino is not aware of any existing or pending requirements of any governmental authority relating to environmental matters requiring any remedial 20.d Packet Pg. 594 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange actions or other work, repairs, construction, or capital expenditures with respect to the ACAA LP Parcel. Except as otherwise provided above, San Bernardino makes no representation concerning the existence, testing, discovery, location, and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the ACAA LP Parcel and ACAA LP is advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the ACAA LP Parcel. 14. Except as otherwise provided herein, ACAA LP represents and warrants to San Bernardino that: a. Condition of Title. Except as otherwise provided herein, ACAA LP owns the San Bernardino Parcel free and clear of all liens, licenses, claims, encumbrances and easements not disclosed by the public record. To the best of ACAA LP's knowledge, the San Bernardino Parcel are otherwise free and clear of encroachments from adjacent properties, encroachments by improvements on said parcels onto adjacent properties, and rights of way of any nature, not disclosed by the public record. b. Litigation Matter. ACAA LP has no knowledge of any pending litigation involving the San Bernardino Parcel. c. Environmental Hazards. ACAA LP represents that no notices of any violation of any Environmental Laws have been received by ACAA LP and ACAA LP is not aware of any existing or pending requirements of any governmental authority relating to environmental matters requiring any remedial actions or other work, repairs, construction, or capital expenditures with respect to the San Bernardino Parcel. Except as otherwise provided above, ACAA LP makes no representation concerning the existence, testing, discovery, location, and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the San Bernardino Parcel and San Bernardino is advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the San Bernardino Parcel. 15. The Parties hereby severally warrant and represent to the other Parties hereto that they have not dealt with any person, firm or corporation which would be entitled to a broker's commission, finder's fee or other like payment in connection with the transaction contemplated by this Agreement. In the event such warranties or representations of the Parties stated herein shall prove to be inaccurate, the misrepresenting Party agrees to indemnify the other Parties and hold the other Parties harmless from and against any and all loss, costs, liability and expense including without limitations, reasonable attorney's fees, which the other Parties may incur in connection therewith. Each Party has been represented by legal counsel with regard to this Agreement. 16. All warranties, covenants, and other obligations described in this article and elsewhere in this Agreement shall survive delivery of the deed. 20.d Packet Pg. 595 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange 17. Neither Party may assign their r espective rights or obligations under this Agreement without the other Parties' prior written consent, which shall not be unreasonably withheld. 18. Time is of the essence in this Agreement. 19. All notices, terminations, waivers and other communications hereunder shall be in writing and shall be delivered personally, by electronic mail (facsimile or email) or shall be sent by registered or certified United States mail or a nationally recognized, overnight courier service, postage prepaid, and addressed to the Parties as follows: To San Bernardino: City of San Bernardino Municipal Water Department 1350 South “E” Street San Bernardino, CA 92408 Phone (909)453-6100 To ACAA LP: ACAA LP Wier Road San Bernardino, CA 92408 Any Party may change that Party's address for these purposes by giving written notice of the change to the other Parties in the manner provided in this provision. 20. This Agreement and the attached Exhibits constitute the entire agreement between the Parties relating to the transfer of San Bernardino Parcel, and the ACAA LP Parcel. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by San Bernardino and ACAA LP. 21. San Bernardino and ACAA LP have the right, power, legal capacity and authority to enter into and perform their obligations under this Agreement without further approval or consent. Those persons executing this Agreement on behalf of San Bernardino and ACAA LP are authorized to do so, and by so executing this Agreement, they thereby bind the Parties to the terms hereof. Except as otherwise expressly provided herein, this Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns. 22. This Agreement and the legal relations between the Parties shall be governed by and construed in accordance with the laws of the State of California. 20.d Packet Pg. 596 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange 23. The headings of the articles and sections of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and shall not be used in its construction. 24. The waiver by any Party to this Agreement of a breach of any provision of this contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement. 25. This Agreement and any subsequent amendments may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS THE EXECUTION HEREOF the day and year set forth besi de the respective names below. [Signature Pages Follow.] 20.d Packet Pg. 597 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange ACAA LP By: _______________________ Authorized Agent 20.d Packet Pg. 598 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange CITY OF SAN BERNARDINO By: Its: ATTEST: By: _______________________ APPROVED AS TO FORM: By: ______________________________ 20.d Packet Pg. 599 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange 20.d Packet Pg. 600 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange 20.d Packet Pg. 601 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 1 to Reso.Real Prop Exchange Agreement (5877 : Property Exchange REAL PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT is made and shall be effective (the "Effective Date") on the date by which it has been executed by all parties hereto, by and between the City of San Bernardino, a municipal corporation ("San Bernardino"), and ACAA LP ("ACAA LP") hereinafter collectively referred to as "the Parties" and each individually as a "Party'”. Recitals A. San Bernardino is the owner of a certain parcel of vacant land generally designated in the records of the San Bernardino County Assessor as Assessor Parcel No. 0141-222-24, and more particularly described in Exhibits "A" and "B" attached to this Agreement and incorporated by reference (hereinafter referred to as the "San Bernardino Parcel"). B. ACAA LP is the owner of a certain parcel of land generally designated in the records of the San Bernardino County Assessor as Assessor Parcel No. 0141-222-26, and more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein by reference (hereinafter referred to as the "ACAA LP Parcel"). C. The Parties desire to exchange portions of their respective parcels as follows: San Bernardino will exchange a section of land consisting of approximately 281 square feet of area as shown on Exhibit "B", and ACAA LP will exchange a section of land consisting of approximately 281 square feet of area as shown on Exhibit "B". The ACAA LP Parcel and the San Bernardino Parcel are equivalent in value. Transferring ownership of the parcels to the Party that requires use of the respective parcel, in accordance with the terms and conditions set forth herein, will benefit both of the Parties. WHEREFORE THE PARTIES AGREE AS FOLLOWS: 1.The Parties hereby agree that, on the Closing Date (defined below), the ACAA LP Parcel will be conveyed to ACAA LP and the San Bernardino Parcel will be conveyed to San Bernardino, both of which transfers shall occur concurrently through escrow. Except as otherwise provided in this Agreement, these conveyances will be for and in consideration of each other and on the terms and conditions set forth in this Agreement. 2.Both conveyances will be free and clear of all covenants, conditions, restrictions, reservations, easements, and other liens, unless such items are specifically approved by the Parties pursuant to Paragraphs 10, 11 and 12 below. 3.For purpose of the exchange, the ACAA LP Parcel and the San Bernardino Parcel are deemed to be equivalent in value. 4.The exchange of the parcels will be consummated by means of an escrow opened at First American Title Insurance Company at 3281 East Guasti Road, Suite 440, Ontario, California 91761 or other licensed escrow agent (the "Escrow holder") and said escrow shall close no later than _____________________, or sooner if possible and approved by all Parties hereto (the "Closing Date"). If escrow cannot close by the Closing Date, for any reason, the escrow will be automatically terminated, and the Escrow holder will, upon demand of such Party, return all 20.e Packet Pg. 602 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and funds and documents deposited in the escrow to the Party depositing them, unless the Closing Date is extended by the Parties in writing. 5.The Parties shall deliver joint or separate escrow instructions to the Escrow holder at least ten days prior to the Closing Date. Said escrow instructions must be consistent with the terms and conditions of this Agreement and to the extent there is any inconsistency, this Agreement will control. The escrow instructions must provide that San Bernardino's grant deed for the ACAA LP Parcel and ACAA LP's grant deed for the San Bernardino Parcel will be recorded concurrently. Prior to Closing each Party shall deliver a grant deed to convey the ACAA LP Parcel and the San Bernardino Parcel, as applicable, to the appropriate Party. In addition, ACAA LP and San Bernardino shall deliver original, executed, notarized and unconditional "certificates of acceptance" with respect to the ACAA LP Parcel and the San Bernardino Parcel, respectively. All Parties shall also provide any documents or information reasonably required by Escrow holder in order to close the transaction contemplated by this Agreement and issue the title policies described in Paragraph 6, below. All Parties shall pay their respective shares of the closing costs associated with this transaction in accordance with custom and practice in San Bernardino County, California. The enforcement of the exchange and grant described herein and closing of escrow provided for in this Agreement are contingent upon the performance of each Party of all matters required to be performed by that Party under this Agreement. 6.At the close of escrow, San Bernardino shall be entitled to receive from First American Title Insurance Company a C.L.T.A. standard coverage policy of title insurance for all of the San Bernardino Parcel in the aggregate amount of $_________ showing title to the San Bernardino Parcel vested in San Bernardino free and clear of all matters except those stated hereinabove. At the close of escrow, ACAA LP shall be entitled to receive from First American Title Insurance Company a C.L.T.A. standard coverage policy of title insurance in the amount of $______ showing title to the ACAA LP Parcel vested in ACAA LP, free and clear of all matters except those stated hereinabove. The cost of each of policies specified by this paragraph shall be borne by each of the policies respective insured. 7.Each Party must deposit into the escrow provided for in this Agreement all funds and instruments required by this Agreement on or prior to the Closing Date. 8.Within 20 days after the Effective Date each Party, at its sole cost, shall obtain and furnish the acquiring Party with a preliminary title report on each of the parcel or parcels to be conveyed by that Party from First American Title Insurance Company, together with copies of all documents shown as exceptions or encumbrances in said reports. On or before the end of the Inspection Period (or ten days after receipt of the foregoing title information, whichever is later), each acquiring Party shall notify the Party that furnished the title report of any exceptions in the title report to which they reasonably object. If the acquiring Party objects to any exceptions contained in the title reports the Party furnishing the report shall, within ten days after receipt, deliver to the acquiring Party written notice that it will, at its expense, endeavor to remove the objectionable exceptions before the close of escrow, or that it is unwilling or unable to eliminate such exceptions by the close of escrow, in which case the acquiring Party may either elect to acquire its parcel subject to such exceptions, or to terminate this Agreement. In the event that the acquiring Party fails to notify the Party furnishing the title report of its decision under this 20.e Packet Pg. 603 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and paragraph within said ten-day period, the acquiring Party shall be deemed to have elected to acquire the parcel or parcels subject to any such exceptions. 9.At close of escrow, title to the ACAA LP Parcel shall be vested in ACAA LP and the San Bernardino Parcel shall be vested in San Bernardino. 10.As a material part of this Agreement, San Bernardino acknowledges that the San Bernardino Parcel, and ACAA LP acknowledges that ACAA LP Parcel are being conveyed "AS IS" in their present condition, without any warranties from the conveying Party or Party's agents or representative other than as expressly set forth herein or in the grant deed for such property. The Parties are free to perform any inspections, investigations or other reviews of documents regarding the respective parcel(s) being received in this exchange. Except as otherwise provided in this Agreement, any such inspections, investigations or document review will in no way delay, excuse or prevent the Parties' obligations under the Agreement. The Parties further acknowledge that as of the close of escrow, each will be aware of all zoning regulations, other governmental requirements, site and physical conditions, and other matters affecting the use and condition of the respective parcel(s) being received in the exchange, including, without limitation, the size and age of said parcel, boundary lines and boundaries, waste disposal, governmental requirements and limitations, rent and occupancy control, water and utilities, environmental hazards, geologic conditions, neighborhood, area and any subdivision conditions or personal factors of any kind. 11.San Bernardino grants to ACAA LP with regard to the ACAA LP Parcel, and ACAA LP grants to San Bernardino with respect to the San Bernardino Parcel, the right, within 30 days after the Effective Date (the "Inspection Period"), to enter onto the respective parcels to inspect and evaluate said parcels, provided that each Party agrees to indemnify, defend, release and hold harmless the Party whose property is subject to entry and inspection from all costs, expenses, claims or liabilities for personal injury or property damages resulting from said acts, including physical damage to the respective parcel of the other resulting from the acts. On or before the conclusion of the Inspection Period, each of the Parties herein shall notify the Party from whom such Party is accepting a conveyance of land, in writing, of any objections or disapproval regarding the condition of the respective parcels. If a Party fails to notify the conveying Party of any such objections or disapprovals within said period, the Party failing to object or disapprove shall conclusively be deemed to have completed all inspections and evaluations of the respective parcel, waived its right to object or disapprove and made an election to proceed with the acquisition or grant of the respective interest as set forth herein. If a Party, in a timely manner, objects or disapproves of the condition of the property it is to acquire pursuant to this Agreement, the owner of such property shall, within ten days after receipt of said written objection or disapproval, deliver to the objecting Party a written notice that either the owner of that property will, at its expense, endeavor to cure the defect or item or is unwilling or unable to cure such defect or item by the Closing Date, in which case the objecting Party may either elect to purchase the property subject to such objections, or to terminate this Agreement. In the event that the owner fails to notify the objecting Party of its decision under this paragraph within said ten- day period, the owner of the parcel shall be deemed to have elected not to cure any such defect or item. Unless the owner of the property subject to any such objections agrees to cure all defects or objectionable items within the foregoing ten day period, the objecting Party shall have five days following receipt of written notice in which the owner of the subject property declines to cure one or more defects or objectionable items (or five days following the foregoing ten-day period if the 20.e Packet Pg. 604 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and property owner does not respond and is deemed to have elected not to cure any defects or objectionable items) to elect in writing to terminate this Agreement, and the objecting Party's failure to timely object shall be deemed such Party's election to proceed with the transaction notwithstanding the property owner's failure to cure some or all of any defects or objections raised by such Party. 12.When applicable to any parcel described herein and required by law, each Party to this Agreement shall, within 15 days of the Effective Date, provide to the Party to whom it will deed its property on the Closing Date, at its own expense, the following disclosures and information. The Party acquiring such property then shall have until the end of the Inspection Period (or ten days after receipt of the foregoing title information, whichever is later) to investigate the disclosures and information and provide written notice to the disclosing Party of any item(s) disapproved, with any such disapproved matters to be subject to the terms and conditions of Paragraph 11 above. The acquiring Party's failure to disapprove any such item in a timely manner shall be deemed an acceptance of the disclosures and information, which shall include: a.Geologic/Seismic Hazard Zones Disclosure. If a parcel described herein is located in either: (1) a Special Studies Zone pursuant to Public Resources Code §§2621- 2625; (2) a Seismic Hazard Zone pursuant to Public Resources Code §§2690-2699; or, (3) a locally designated geological, seismic or other hazard zone or area where disclosure is required, the owner of the parcel shall disclose this information to the acquiring Party. b.Special Flood Hazard Areas. If a parcel described herein is located in a Special Flood Hazard Area designated by the Federal Emergency Management Agency, owner of the parcel shall disclose this information to the acquiring Party. c.State Fire Responsibility Areas. If a parcel described herein is located in a State Fire Responsibility Area, owner of the parcel, pursuant to Public Resources Code §4136, shall disclose this information to the acquiring Party. 13.Except as otherwise provided herein, San Bernardino represents and warrants to ACAA LP that: a.Condition of Title. Except as otherwise provided herein, San Bernardino owns the ACAA LP Parcel, free and clear of all liens, licenses, claims, encumbrances or easements not disclosed by the public record. To the best of San Bernardino's knowledge, the ACAA LP Parcel is otherwise free and clear of encroachments from adjacent properties, encroachments by improvements on said parcel onto adjacent properties, and rights of way of any nature, not disclosed by the public record. b.Litigation Matter. San Bernardino has no knowledge of any pending litigation involving the ACAA LP Parcel. c.Environmental Hazards. San Bernardino represents that no notices of any violation of any Environmental Laws have been received by San Bernardino and San Bernardino is not aware of any existing or pending requirements of any governmental authority relating to environmental matters requiring any remedial 20.e Packet Pg. 605 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and actions or other work, repairs, construction, or capital expenditures with respect to the ACAA LP Parcel. Except as otherwise provided above, San Bernardino makes no representation concerning the existence, testing, discovery, location, and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the ACAA LP Parcel and ACAA LP is advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the ACAA LP Parcel. 14.Except as otherwise provided herein, ACAA LP represents and warrants to San Bernardino that: a.Condition of Title. Except as otherwise provided herein, ACAA LP owns the San Bernardino Parcel free and clear of all liens, licenses, claims, encumbrances and easements not disclosed by the public record. To the best of ACAA LP's knowledge, the San Bernardino Parcel are otherwise free and clear of encroachments from adjacent properties, encroachments by improvements on said parcels onto adjacent properties, and rights of way of any nature, not disclosed by the public record. b.Litigation Matter. ACAA LP has no knowledge of any pending litigation involving the San Bernardino Parcel. c.Environmental Hazards. ACAA LP represents that no notices of any violation of any Environmental Laws have been received by ACAA LP and ACAA LP is not aware of any existing or pending requirements of any governmental authority relating to environmental matters requiring any remedial actions or other work, repairs, construction, or capital expenditures with respect to the San Bernardino Parcel. Except as otherwise provided above, ACAA LP makes no representation concerning the existence, testing, discovery, location, and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the San Bernardino Parcel and San Bernardino is advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of, and risks posed by, environmental hazardous substances, if any, located on or potentially affecting the San Bernardino Parcel. 15. The Parties hereby severally warrant and represent to the other Parties hereto that they have not dealt with any person, firm or corporation which would be entitled to a broker's commission, finder's fee or other like payment in connection with the transaction contemplated by this Agreement. In the event such warranties or representations of the Parties stated herein shall prove to be inaccurate, the misrepresenting Party agrees to indemnify the other Parties and hold the other Parties harmless from and against any and all loss, costs, liability and expense including without limitations, reasonable attorney's fees, which the other Parties may incur in connection therewith. Each Party has been represented by legal counsel with regard to this Agreement. 16.All warranties, covenants, and other obligations described in this article and elsewhere in this Agreement shall survive delivery of the deed. 20.e Packet Pg. 606 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and 17.Neither Party may assign their r espective rights or obligations under this Agreement without the other Parties' prior written consent, which shall not be unreasonably withheld. 18.Time is of the essence in this Agreement. 19.All notices, terminations, waivers and other communications hereunder shall be in writing and shall be delivered personally, by electronic mail (facsimile or email) or shall be sent by registered or certified United States mail or a nationally recognized, overnight courier service, postage prepaid, and addressed to the Parties as follows: To San Bernardino: San Bernardino Municipal Water Department 1350 South “E” Street San Bernardino, CA 92408 Phone (909)453-6100 To ACAA LP: ACAA LP Wier Road San Bernardino, CA 92408 Any Party may change that Party's address for these purposes by giving written notice of the change to the other Parties in the manner provided in this provision. 20.This Agreement and the attached Exhibits constitute the entire agreement between the Parties relating to the transfer of San Bernardino Parcel, and the ACAA LP Parcel. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by San Bernardino and ACAA LP. 21.San Bernardino and ACAA LP have the right, power, legal capacity and authority to enter into and perform their obligations under this Agreement without further approval or consent. Those persons executing this Agreement on behalf of San Bernardino and ACAA LP are authorized to do so, and by so executing this Agreement, they thereby bind the Parties to the terms hereof. Except as otherwise expressly provided herein, this Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns. 22.This Agreement and the legal relations between the Parties shall be governed by and construed in accordance with the laws of the State of California. 23.The headings of the articles and sections of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and shall not be used in its construction. 20.e Packet Pg. 607 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and 24. The waiver by any Party to this Agreement of a breach of any provision of this contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement. 25.This Agreement and any subsequent amendments may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS THE EXECUTION HEREOF the day and year set forth besi de the respective names below. [Signature Pages Follow.] 20.e Packet Pg. 608 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and ACAA LP By: _______________________ Authorized Agent 20.e Packet Pg. 609 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and CITY OF SAN BERNARDINO By: __________________ Its: ATTEST: By: _______________________ APPROVED AS TO FORM: By: ______________________________ 20.e Packet Pg. 610 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and 20.e Packet Pg. 611 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and 20.e Packet Pg. 612 Attachment: Water.Inland Center Property Exchange.Attach2.Exhibit 2 to Reso (5877 : Property Exchange Agreement Between the City and Agenda Item ______ C I T Y O F S A N B E R N A R D I N O M U N I C I P A L W A T E R D E P A R T M E N T WATER BOARD STAFF REPORT TO: Miguel J. Guerrero, P.E., General Manager FROM: Steve R. Miller, Director of Water Utility SUBJECT: PROPERTY EXCHANGE AGREEMENT BETWEEN CITY, WATER DEPARTMENT, AND ACAA LP DATE: December 3, 2018 COPIES: Robin Ohama (w/o attach), Warren Huang (w/attach), Ted Brunson (w/attach) BACKGROUND/DISCUSSION: ACAA LP ("Developer") is currently the property owner for two parcels of land containing approximately 0.78 total acres located at 841 South Inland Center Drive. The Developer intends to develop a service station with six pump islands, a convenience store, and an express drive-thru car wash, along with related on-site and off-site improvements. Although the project site contains enough square footage to satisfy the Development Code requirements for vehicle circulation and site specific Water Quality Management Plan (WQMP) drainage requirements, a portion of the proposed car wash will be located across land that is currently owned by City of San Bernardino that is designated for Water Department use. This land will be exchanged for land of exactly equal size currently owned by the Developer, as part of the Land Swap described below. Summary of Parcel Exchange Under the Land Swap, Water Department will receive the proposed Parcel 1 (shown on the attached Exhibit “B”) comprising a total of 281 SF, and is currently a portion of APN 0141-222-26. In exchange, the Developer will receive the proposed Parcel 2 comprising a total of 281 SF, and is currently a portion of APN 0141-222-24. The Water Department will receive two new easements in conjunction with the future vacation of the public alley to access APN 0141-222-24 and the proposed Parcel 1. 20.f Packet Pg. 613 Attachment: Water.Inland Center Property Exchange.Attach3.Water Board Staff Report (5877 : Property Exchange Agreement Between the City Miguel J. Guerrero, P.E, General Manager Page 2 December 3, 2018 SUBJECT: PROPERTY EXCHANGE AGREEMENT BETWEEN CITY, WATER DEPARTMENT, AND ACAA LP FISCAL IMPACT: There is no fiscal impact to the Water Department. The land exchange between the Water Department and the ACAA LP does not involve compensation because the values are essentially equal and the properties are adjacently located. RECOMMENDATION: Staff recommends that the Water Board make the following motion: Approve the Property Exchange Agreement between the Department and ACAA LP, and authorize the General Manager to execute the Agreement and submit to the Mayor and City Council for acceptance. Respectfully submitted, _______________________ Steve R. Miller Director of Water Utility SRM:trb:swd Attach. W:\3010 WU Administration\Board Memos\Staff Report- 841 Inland Center Drive Land Swap - 12-3-18.doc 20.f Packet Pg. 614 Attachment: Water.Inland Center Property Exchange.Attach3.Water Board Staff Report (5877 : Property Exchange Agreement Between the City 21.a Packet Pg. 615 Attachment: HR.Finance Reclass - Staff Report (5878 : Finance Department Reorganization) job description has been amended to reflect those recommendations and proposed in Exhibit B. 2. Payroll Manager – the lead payroll incumbent will report to the Deputy Director of Finance; it is a specialized accounting function, and not sufficiently different in responsibilities to merit being an operating division by itself. The proposed recommendation is to establish the classification of Payroll Supervisor, replacing the Payroll Manager, creating a minor cost savings of $6,624 annually. This classification is currently vacant. 3. Accounting Assistant – The current Accounting Assistant staff member is allotting most of their time and resources assisting with the Purchasing Division’s responsibilities. As the Purchasing Division has re-engaged its role of providing a comprehensive, centralized purchasing function for the City departments, the volume of work has increased. In addition, the significantly heightened level of project activity throughout the City also generates an additional workload in Purchasing. Based on the review performed by the Human Resources Department, for the type of work the staff member is performing, it is recommended that the employee be reclassified to an Assistant Buyer. The recommended reclassification would have a slight increase in the annual salary cost of approximately $5,200. Current Class Monthly Salary Title BU Code Range Bottom Top Accounting Assistant Gen 30023 406 $ 3,363.00 $ 4,088.00 Payroll Manager Mgmt 10069 536 $ 6,431.00 $ 7,817.00 Deputy Director of Finance/ Budget Manager (U) Mgmt 10066 616 $ 9,585.00 $ 11,650.00 Proposed Class Monthly Salary Title BU Code Range Bottom Top Assistant Buyer Gen TBD 426 $ 3,716.00 $ 4,516.00 12/13/2018 2:56 PM 21.a Packet Pg. 616 Attachment: HR.Finance Reclass - Staff Report (5878 : Finance Department Reorganization) Payroll Supervisor Mgmt TBD 517 $ 5,850.00 $ 7,111.00 Deputy Director of Finance (U) Mgmt TBD 616 $ 9,585.00 $ 11,650.00 2018-19 Goals and Objectives The proposed reorganization to the Finance Department aligns with Goal No. 5: Improve City Government Operations. The proposed organizational changes will enable the department to function more effectively with staff members working within appropriate classification titles and functions while most importantly at the proper level of compensation. Fiscal Impact No immediate fiscal impact associated with these actions, but once the positions are all filled, there is a modest savings of $1,500 annually when compared at the top of the salary ranges. No budget amendment is proposed with this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-327, 1. Amending and approving classifications and job descriptions; 2. Amending the full-time salary schedule adopted by Resolution No. 2018-181; and 3. Amending the Fiscal Year 2018/19 Adopted Budget to reflect these actions. This Resolution will be effective January 1, 2019. Attachments Attachment 1 Resolution Attachment 2 Proposed Classifications; Exhibit A Attachment 3 Job Description – Deputy Director of Finance (U); Exhibit B Attachment 4 Job Description – Payroll Supervisor; Exhibit C Attachment 5 Job Description – Assistant Buyer; Exhibit D Ward: N/A 12/13/2018 2:56 PM 21.a Packet Pg. 617 Attachment: HR.Finance Reclass - Staff Report (5878 : Finance Department Reorganization) Resolution No. 2018-327 RESOLUTION NO. 2018-327 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECLASSIFYING POSITIONS WITHIN THE FINANCE DEPARTMENT; AMENDING AND APPROVING CLASSIFICATIONS AND JOB DESCRIPTIONS; AMENDING THE FULL-TIME SALARY SCHEDULE ADOPTED BY RESOLUTION NO. 2018-181; AND AMENDING THE FISCAL YEAR 2018/19 BUDGET WHEREAS, one of the City’s top priorities is to improve government operations by enhancing service delivery and increasing organizational efficiency and effectiveness; and WHEREAS, recent vacancies have presented the opportunity to review the existing organizational structure of the Finance Department and their level of operations and services; and WHEREAS, adjustments have been identified that will impact the classifications of Deputy Director of Finance/Budget Manager (U), Payroll Manager, and Accounting Assistant to better fit the current operations within the department. WHEREAS, the City of San Bernardino, International Union of Operating Engineers Local 12 and San Bernardino Confidential Management Association have met and conferred in good faith. 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 classification of the Payroll Supervisor position is hereby established and the job description for said position, attached hereto and incorporated herein as Exhibit “C” is hereby approved. SECTION 3: The classification of the Deputy Director of Finance (U) is hereby amended and the job description for said position, attached hereto and incorporated herein as Exhibit “B”, is hereby approved. SECTION 4. Reclassify the (1) one Accounting Assistant position, Range 406, $3,363 - $4,088/month, to (1) one Assistant Buyer, Range 426, $3,716 - $4,516/month. SECTION 5. That 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 21.b Packet Pg. 618 Attachment: HR.Finance Reclass - Resolution (5878 : Finance Department Reorganization) Resolution No. 2018-327 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 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 January 1, 2019. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2018. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 21.b Packet Pg. 619 Attachment: HR.Finance Reclass - Resolution (5878 : Finance Department Reorganization) Resolution No. 2018-327 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 21.b Packet Pg. 620 Attachment: HR.Finance Reclass - Resolution (5878 : Finance Department Reorganization) Class Class Title BU Code Range Bottom Top Title BU Code Range Bottom Top 1 Accounting Assistant Gen 30023 406 3,363.00$ 4,088.00$ Assistant Buyer Gen TBD 426 3,716.00$ 4,516.00$ 2 Payroll Manager Mgmt 10069 536 6,431.00$ 7,817.00$ Payroll Supervisor Mgmt TBD 517 5,850.00$ 7,111.00$ 3 Deputy Director of Finance/ Budget Manager (U)Mgmt 10066 616 9,585.00$ 11,650.00$ Deputy Director of Finance (U)Mgmt TBD 616 9,585.00$ 11,650.00$ City of San Bernardino Proposed - Finance Department (EXHIBIT A) Current Proposed Monthly Salary Monthly Salary 21.cPacket Pg. 621Attachment: HR.Finance Reclass - EXHIBIT A (5878 : Finance Department Reorganization) EXHIBIT B Deputy Director of Finance Page 1 Class Code: M/CC Date Updated: City of San Bernardino Signature: Director, Human Resources Bargaining Unit: Management/Confidential Class Specification DEPUTY DIRECTOR OF FINANCE JOB SUMMARY Under general direction, assists the Director of Finance in managing the operations and activities of the Finance department. Plans, organizes and manages the work of accounting division staff in the preparation and maintenance of the City's financial records and reports; prepares financial statements and reports; performs complex and difficult financial and accounting analyses; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Deputy Director of Finance is responsible for the maintenance of the City's centralized accounting records, including the general ledger, and reviewing decentralized accounting information and preparing periodic and annual financial statements and reports of accounting and financial transactions, activities and funds. The incumbent assists the Director of Finance in managing the operations and functions of the department, provides guidance and direction to department staff and performs a variety of complex research analyses, studies and special projects applicable to City-wide financial management, accounting, treasury, payroll and other areas of functional responsibility. Assignments are broad in scope and allow for a high degree of 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, manages and evaluates the work of Finance Department staff; with subordinate supervisors and staff, participates in establishing operational plans and initiatives to meet department goals and objectives; implements departmental plans, work programs, processes, procedures and policies required to achieve overall department performance results; coordinates and integrates department functions and responsibilities to achieve optimal efficiency and effectiveness; participates in developing and monitoring performance against the annual departmental budget. 2.Plans and evaluates the performance of assigned staff; establishes performance requirements and personal development targets; monitors performance and provides coaching for performance improvement and development; provides or recommends compensation and other rewards to recognize performance; takes disciplinary action, up to and including termination, to address performance deficiencies, subject to management concurrence, in accordance with the City’s human resources policies and procedures, Personnel Rules and labor contract provisions. 21.d Packet Pg. 622 Attachment: HR.Finance Reclass - EXHIBIT B (5878 : Finance Department Reorganization) EXHIBIT B Deputy Director of Finance Page 2 3.Provides leadership and works with staff to develop and maintain a high performance, customer service-oriented work environment that supports achieving the City’s mission, strategic goals and core values. 4.Coordinates and participates in the work of staff engaged in booking financial transactions and maintenance of the general ledger, subsidiary ledgers and other accounting records; oversees the reconciliation of accounts and records; maintains specialized accounting and financial records for enterprise funds and assessment districts; provides professional recommendations on complex situations involving the booking of expenses; provides direction on difficult and unusual accounting and reporting issues; audits and monitors City accounting activities to ensure compliance with legal and regulatory requirements and mandates; maintains and updates the City's Chart of Accounts in coordination with the Director of Finance. 5.Manages, supervises and participates in preparation of interim and annual financial statements, schedules, working papers and notes; supervises and prepares periodic financial reports to departments, City management, City Council and other organizations; researches and works with department heads and other managers to resolve accounting and reporting problems and discrepancies; performs a variety of complex financial and accounting analyses, including cost accounting analyses for specific programs and operations; coordinates and participates in preparation of the annual CAFR and approves the final document for publication. Evaluates financial policies and procedures and makes recommendations as necessary; implements and monitors financial and accounting practices and procedures. 6.Formulates and implements, or recommends, accounting “best practice” policies, procedures and internal controls to ensure the integrity of the City’s financial operations and compliance with all legal requirements in coordination with the Director of Finance. 7.Develops and participates in implementing goals, objectives, policies and standards for the Finance department; provides expert professional assistance and support to staff and City management on finance related matters; researches, analyzes, evaluates and develops findings and makes determinations and recommendations involving complex budget and financial management issues; as directed, participates on various City committees, offering financial expertise and knowledge; coordinates activities among various divisions of the Finance Department. 8.Acts for the Director of Finance in that individual's absence. GENERAL QUALIFICATIONS Knowledge of: 1.Principles and practices of general, fund and governmental accounting including financial statement preparation and methods of financial control and reporting. 2.Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility. 3.Generally Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB) and Government Finance Officers Association (GFOA) accounting standards and requirements. 4.City operations, functions and challenges and associated financial management issues. 5.Principles and practices of public administration, including budgeting, purchasing, contract administration and maintenance of public records. 6.Research methods and statistical and financial analysis techniques. 7.Principles and practices of computer-based financial and accounting systems. 8.Principles and practices of sound business communication. 21.d Packet Pg. 623 Attachment: HR.Finance Reclass - EXHIBIT B (5878 : Finance Department Reorganization) EXHIBIT B Deputy Director of Finance Page 3 9.Principles and practices of effective management and supervision. 10.City human resources policies and procedures, Civil Service Rules and labor contract provisions. Ability to: 1.Plan, organize, manage and coordinate the work of staff engaged in preparing and maintaining City-wide financial records and reports 2.Analyze and make sound recommendations on complex accounting and financial issues, data and operations. 3.Understand, interpret, explain and apply federal, state and local policy, law, regulations and court decisions regulating the City's financial accounting, reporting and record keeping. 4.Develop and implement sound financial and accounting procedures and controls. 5.Communicate clearly and effectively, orally and in writing. 6.Define issues, analyze problems, evaluate alternatives and develop sound, independent conclusions and recommendations in accordance with laws, regulations, rules and policies. 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 Council Members, department heads and managers, staff, representatives of other agencies, 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 accounting, finance or a closely related field; at least six (6) years of progressively responsible professional finance and/or accounting experience in a municipal agency, at least two (2) years of which were in a supervisory capacity; or an equivalent combination of training and experience. A Master’s Degree is highly desirable. Licensed as a Certified Public Accountant is preferred. 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. 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. 21.d Packet Pg. 624 Attachment: HR.Finance Reclass - EXHIBIT B (5878 : Finance Department Reorganization) EXHIBIT B Deputy Director of Finance Page 4 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. 21.d Packet Pg. 625 Attachment: HR.Finance Reclass - EXHIBIT B (5878 : Finance Department Reorganization) EXHIBIT C Payroll Supervisor Page 1 Class Code: M/CC Date Adopted: _______________ City of San Bernardino Signature: ___________________________ Director of Human Resources Bargaining Unit: Management CLASS SPECIFICATION PAYROLL SUPERVISOR JOB SUMMARY Under direction, plans, organizes and supervises the work of staff engaged in the preparation, processing and maintenance of the City’s payroll and related records and reports; prepares quarterly and annual payroll tax payments, filings and statements to ensure conformance with IRS regulations; performs complex and difficult financial and payroll analyses; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Payroll Supervisor is responsible for maintenance of the City's centralized payroll processes, records and reports, including payment and reporting of payroll tax liabilities. The incumbent is accountable for ensuring the payroll function is performed in strict adherence with relevant laws and codes, City policies and procedures, provisions of Memoranda of Understanding (MOU) with recognized bargaining units and in accordance with sound financial management principles and practices. Further, the incumbent performs financial and payroll analyses and participates in the audit of City financial and payroll records. Assignments are broad in scope and allow for a degree of 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, supervises and evaluates the work of assigned payroll staff; with staff, participates in establishing operational plans and initiatives to meet department goals and objectives; implements departmental plans, work programs, processes, procedures and policies required to achieve overall department performance results; coordinates and integrates department functions and responsibilities to achieve optimal efficiency and effectiveness. 2.Evaluates the performance of assigned staff; establishes performance requirements and personal development targets; monitors performance and provides coaching for performance improvement and development; provides or recommends compensation and other rewards to recognize performance; takes disciplinary action, to address performance deficiencies, subject to management concurrence, in accordance with the City’s human resources policies and procedures, and labor contract provisions. 3.Provides leadership and works with staff to develop and maintain a high performance, customer service-oriented work environment that supports achieving the City’s mission, strategic goals and core values. 21.e Packet Pg. 626 Attachment: HR.Finance Reclass - EXHIBIT C (5878 : Finance Department Reorganization) EXHIBIT C Payroll Supervisor Page 2 4.Coordinates and participates in the work of staff engaged in City payroll preparation, distribution and reporting processes, including: the correct set up of employees in the payroll system based on the provisions of their bargaining unit's Memoranda of Understanding (MOU), if applicable; verification, audit, editing and processing of employee payroll data for monthly/ Bi-weekly payrolls; verification of accurate attendance and work hours, pay, payroll status, taxes and other deductions, including calculations for step increases, promotions, demotions, acting pay, retroactive pay and adjustments for separations/terminat ions, leaves of absence without pay and wage assignments/garnishments; ensures the timely resolution of errors and discrepancies; approves the generation and distribution of paychecks; prepare and distributes electronic wire transfers, tax deposits and payroll summary reports. Ensures strict compliance with City policies and procedures, Memoranda of Understanding (MOU) provisions and all applicable state and federal legal requirements. 5.Ensures appropriate financial control procedures and methods are in place and operational as they apply to payroll processes; designs, documents and implements improvements in payroll procedures to optimize operational effectiveness, reduce errors and meet new requirements as they occur; trains staff and departmental payroll representatives on required procedures and processes; works with departments to research and develop solutions for problems; provides information and clarifies payroll requirements, application of law and regulations and other matters. 6.Ensures appropriate system processes and procedures are in place to ensure compliance with all state and federal payroll tax requirements; prepares, reconciles and transmits timely payments of quarterly and annual payroll taxes; prepares tax statements including 941, DE6 and DE7 statements, W-2s and other tax-related documents; ensures timely reporting and payment of miscellaneous withholdings to appropriate agencies; reviews tax publications and obtains information from tax agencies regarding changes in reporting requirements and tax treatments for various types of compensation and benefit plans. 7.Works with Information Technology staff to install, test and implement systems changes to resolve problems, improve processes and/or meet new requirements; participates in implementing and testing new tax schedules in the system; reviews, interprets and manages implementation of payroll- related portions of negotiated labor contracts in a timely manner. 8.Provides technical advice to City department heads and staff concerning payroll administration and the implications of changes in retirement, benefits plans and collective bargaining agreements. 9.Coordinates the resolution of banking problems and issues as they apply to payroll processes. 10.Performs a variety of complex analyses and special projects as assigned. GENERAL QUALIFICATIONS Knowledge of: 1.City policies, practices and procedures governing payroll and related transactions. 2.Methods, practices, documents and terminology used in processing payroll transactions and in financial recordkeeping. 3.Operations and requirements of the City’s computerized payroll system. 4.Principles and practices of governmental accounting, including internal control and audit- ing, as they apply to payroll functions. 21.e Packet Pg. 627 Attachment: HR.Finance Reclass - EXHIBIT C (5878 : Finance Department Reorganization) EXHIBIT C Payroll Supervisor Page 3 5.Federal, state and local laws, regulations and court decisions governing the City's payroll processes. 6.Principles and practices of public administration, including budgeting, purchasing, contract administration and maintenance of public records. 7.Research methods and statistical and financial analysis techniques. 8.Principles and practices of computer-based financial and accounting systems. 9.Principles and practices of sound business communication. 10.Principles and practices of effective management and supervision. 11.City human resources policies and procedures, Civil Service Rules and detailed provisions of negotiated Memoranda of Understanding. Ability to: 1.Plan, supervise, coordinate and integrate the work of staff engaged in preparing, processing and maintaining City-wide payrolls and related records and reports. 2.Analyze and make sound recommendations on complex payroll issues, data and operations. 3.Understand, interpret, explain and apply federal, state and local policy, law, regulations and court decisions regulating the City's payroll accounting, reporting and record keeping. 4.Develop and implement sound financial and accounting procedures and controls. 5.Communicate clearly and effectively, orally and in writing. 6.Prepare clear, concise and comprehensive reports, correspondence and other written materials. 7.Exercise sound, expert independent judgment within general policy guidelines. 8.Exercise tact and diplomacy in dealing with sensitive and complex issues and situations. 9.Establish and maintain effective working relationships with the City Manager, department directors and managers, auditors, employees, the public and others encountered in the course of work. MINIMUM QUALIFICATIONS Any combination of education and experience that provides the required knowledge, skills, and abilities to perform the essential job duties of the position is qualifying. Education, Training and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is an Associate’s degree in accounting or a closely related field; and at least three (3) years of progressively responsible experience in performing payroll duties and functions, at least one (1) year of which were in a lead capacity; or an equivalent combination of training and experience. Experience in a public agency is especially desirable. Licenses; Certificates; Special Requirements: A valid California driver’s license and the ability to maintain insurability under the City’s vehicle 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. 21.e Packet Pg. 628 Attachment: HR.Finance Reclass - EXHIBIT C (5878 : Finance Department Reorganization) EXHIBIT C Payroll Supervisor Page 4 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. 21.e Packet Pg. 629 Attachment: HR.Finance Reclass - EXHIBIT C (5878 : Finance Department Reorganization) EXHIBIT D Assistant Buyer Page 1 Class Code:___________ M/CC Date Adopted: _____________ City of San Bernardino Signature: Director of Human Resources Bargaining Unit: General CLASS SPECIFICATION ASSISTANT BUYER JOB SUMMARY Under general supervision, performs a variety of technical purchasing and administrative support duties involved in the City’s centralized purchasing functions; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS The class of Assistant Buyer is the journey-level position in the purchasing series. Supervision is received from the Procurement/Contract Support Services Division Manager. 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 it from the position if the work is similar, related or a logical assignment to this class. 1.Provides courteous and expeditious customer service to the general public and City department staffs. 2.Receives, reviews and processes purchase and procurement card orders and requisitions; reviews and ensures accuracy, proper authorization and required supporting documentation in accordance with City policies and procedures; enters purchase order and requisition data in the City’s automated purchase order system; verifies proper coding of purchase requisitions and makes adjustments as necessary; prepares, sorts, distributes and maintains files of purchase orders and related documents. 3.Reviews specifications, prepares and types bids, quotations, contracts and other documents associated with supplies, materials and equipment; types, sorts, distributes and files purchase orders and related documents; determines the vendors from whom purchases shall be made considering such factors as conformance with specifications, prices, terms, delivery time and reputation of vendors; compares costs and evaluates qualities and suitability of supplies. 4.Obtains bids by letter, personal contact or formal bid procedures; examines the bids making comparative analyses; assists in the award of bids based on the most favorable service and price, consistency with specifications, quantity and delivery; examines awards and invoices to determine their accuracy and to ascertain compliance with terms of the contract; posts bid figures to spreadsheets. 5.Investigates inadequate invoices, requisitions, delinquent orders and errors in supplies received; participates in an organized program for the salvage of supplies; keeps informed of new products, market conditions, trends and current prices. 21.f Packet Pg. 630 Attachment: HR.Finance Reclass - EXHIBIT D (5878 : Finance Department Reorganization) EXHIBIT D Assistant Buyer Page 2 6.Interviews and corresponds with vendors and other representatives; writes letters independently, following established departmental policies, inviting quotations for supplies; assists in the preparation of reports on supplies, services, comparative prices and price trends; maintains files and purchasing records; operates specialized office equipment, such as a personal computer and calculator and other standard office equipment; operates City vehicles. 7.Conducts job walks, bid openings and purchase of services as necessary. 8.Routinely adheres to and maintains a positive attitude towards City and Department goals. 9.Performs related work as required. GENERAL QUALIFICATIONS Knowledge of: 1.Basic practices and terminology used in public agency purchasing and purchase order processing. 2.Applicable Laws and ordinances affecting municipal purchasing. 3.Bidding procedures and regulations. 4.Best source and appropriate prices for products. 5.Approved methods and procedures used in grading and analyzing the quality of supplies. 6.Modern office procedures, methods and equipment including computers and related software. 7.English usage, spelling, grammar and punctuation. 8.Business math. Ability to: 1.Ensure that appropriate bidding procedures and analyses are carried out. 2.Organize, set priorities and exercise sound judgment within established guidelines. 3.Perform basic purchasing related research. 4.Operate a variety of office equipment including a computer and applicable software applications. 5.Meet and establish a business rapport with vendor representatives. 6.Keep informed of current market conditions and trends. 7.Maintain accurate records. 8.Read, understand and apply moderately difficult materials. 9.Understand and carry out oral and written instructions. 10.Establish and maintain effective relationships with those contacted in the course of work. MINIMUM QUALIFICATIONS Any combination of education and experience that provides the required knowledge, skills, and abilities to perform the essential job duties of the position is qualifying. Education, Training, and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from an accredited four (4) year college or university in public administration, business administration, finance or a closely related field; and one (1) year of professional purchasing experience; or an equivalent combination of training and experience. 21.f Packet Pg. 631 Attachment: HR.Finance Reclass - EXHIBIT D (5878 : Finance Department Reorganization) EXHIBIT D Assistant Buyer Page 3 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. 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. Incumbents require sufficient mobility to work in an office setting and operate office equipment; transport materials and supplies weighing up to 50 pounds; travel to various locations; see in the normal visual range with or without correction; vision sufficient to read small print, computer screens and other printed documents; hear in the normal audio range with or without correction. 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. Some travel to transport materials and/or attend meetings. 21.f Packet Pg. 632 Attachment: HR.Finance Reclass - EXHIBIT D (5878 : Finance Department Reorganization) 22.a Packet Pg. 633 Attachment: Library.STAFF REPORT Library Broadband Grant (5879 : State Library Internet Grant Funding Appropriation) Fiscal Impact The grant will provide and additional $15,000 to support the SBPL with internet service. There is no fiscal impact to the general fund as the grant has no matching requirements. A budget amendment is required for the use of the funds for their designated purpose. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California accept a $15,000 grant award from the California State Library (CSL) for monthly internet, firewall hardware purchase, and firewall set up and technical support and authorize the Director of Finance to amend the FY2018-19 Budget to appropriate the funding for this purpose. Attachments Exhibit A California Public Library Broadband Grant Application Exhibit B Lighting up Libraries Grant Award Letter 12/13/2018 3:08 PM 22.a Packet Pg. 634 Attachment: Library.STAFF REPORT Library Broadband Grant (5879 : State Library Internet Grant Funding Appropriation) 1 15-02 Grant Application Program California Public Library Broadband Project 22.b Packet Pg. 635 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 2 APPENDIX A-Grant Application California Public Library Broadband Project 15-02 Branch Grant Assistance Application ELEMENT 1: INFORMATION Applicant Information 1. Library Full Name San Bernardino Public Library 2. Library DUNS Number 125242057 3. County San Bernardino County 4. Street Address 555 W. Sixth St. 5. City, State Zip+4 San Bernardino, CA. 92410 6. Website URL: www.sbpl.org 7. Contact Name and Title Ed Erjavek, Library Director 8. Contact Phone Number 909-381-8210 9. Contact Email Address erjavek.ed@sbpl.org 10. Project Purpose (Please check all that apply) x A Technology Hardware Funding covering network equipment, and equipment installation and configuration. B Architectural and Building Funding covering building modifications necessary to install and operate the network equipment. x C Network Consulting Funding covering consultant costs associated with equipment configuration. Project Timeline 11. Can the project be completed by June 30, 2018? x Yes 12. Estimated start date 07/01/17 13. Estimated completion date 06/30/18 Project Budget 14. Amount of grant funding request $69,031 15. Amount of matching funds $0 16. Total Project Cost $69,031 As an authorized representative of the library listed above, I hereby certify that the information contained in this application is true and correct. I agree to the terms and conditions surrounding use of this funding if awarded. Jan. 31, 2017 Signature of Library Director Date 22.b Packet Pg. 636 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 3 ELEMENT 2: ACTIVITIES Activity Timeline Monthly service for Feldheym (Main) and 3 branches. Up to 12 months of service for Feldheym (Main Library) whenever Cenic is ready after July 1, 2017. We hope if existing vendor for the 3 branches is willing to change the last year of its contract to month-to-month that we could get most of the year with CENIC otherwise it may be as few as the last couple months of FY 17-18. Purchase of a Sonicwall and technical set up of the firewall with consultant. Concurrent with Feldheym cutover to CENIC. Technical assistance for cutover for the 3 branches to the CENIC service. We hope if existing vendor for the 3 branches is willing to change the last year of its contract to month-to-month that we could get most of the year with CENIC otherwise it may be as few as the last couple months of FY 17-18. 22.b Packet Pg. 637 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 4 ELEMENT 3-1: BUDGET Provide specific budget information for each project you are proposing. • Do NOT include costs that are ineligible for grant funding, such as your own staff time. • All equipment must be new. • Column A should be details. Column B should list expected costs from the vendor you intend to purchase items and services from. If only a Main connection, use this page only. If you are requesting funding for branch connection(s), put total amount in Element 3-1 and details in Element 3-2. Explanation is required under each section. Round all costs to the nearest dollar. • If the grant request does not cover the full cost of any item listed in the application, detail the amount and sources of funds to be used to pay for the balance in the Explanation field. Proposed Budget for Grant Eligible Project Costs Column A Column B Project Budget Detail Project Costs A Connectivity One Time Funding- Hardship (LIPC Level One Only) Connections to Feldheym Main and 3 Branches $61,755 $0 Subtotal $61,755 Explanation: SBPL serves a city of 213,000 and has received E-Rate funding by the discount method for the maximum amount of 90% on its Internet bills since the E- Rate program’s inception. The city of SB declared bankruptcy in August, 2012 and hopes to emerge from bankruptcy this spring. SBPL had an annual budget that was almost $3 million in 2008 but has a FY 16-17 budget of $1,643,143 for its Feldheym Central Library and 3 branch libraries. Having to pay the CENIC bill in full and then wait for 7-9 months for reimbursement instead of just paying 5% of the bill after the additional CTF discount would pose a hardship for SBPL since we’re one of th e most financially challenged public libraries in the state of California. B Technology Hardware Funding Sonicwall Firewall to be installed at Feldheym (Main) including sales tax. $2,466 $0 Subtotal $2,466 Explanation: The library staff has relied on its previous ISP to provide the firewall as library Staff haven’t used their own firewall so this would be a purchase of the firewall. C Architectural and Building Funding- $0 $0 Subtotal $0 Explanation: D Network Consulting Funding- Technical assistance with connecting Feldheym (main) and each branch by AC & C Network Services. $1,525 Technical assistance with set up of Sonicwall Firewall by AC & C Network Services $3,285 Subtotal $4,810 22.b Packet Pg. 638 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 5 Explanation: The library’s IT staff would benefit with technical assistance in the cutover to the CENIC and the set up of a firewall since as discussed library IT staff hasn’t been responsible for maintenance of a firewall. Total Cost of Eligible Projects (Consulting Fees, Materials, Hardware, Software) $0 X% Cash Match Committed by Library (May be cash or in-kind) $0 Additional Match $0 Total Grant Funding Requested $69,031 ELEMENT 3-2: BUDGET Provide specific budget information for each project you are proposing. Provide name of branch, reason for need of funding and expected costs to connect. Up to four sites may be funded. Proposed Budget for Grant Eligible Project Costs by Branch Column A Column B Project Budget Detail Project Costs A Branch Name: Feldheym Central Library Monthly Connection for 12 Months $20,010 Addition of the Sonicwall Firewall $2,466 Technical Assistance for Set up of Sonicwall Firewall $3,285 Subtotal $25,761 Explanation: Feldheym 1 Gbps connection cost of $1,450 per month in addition to 15% tax since city of SB has a utility user’s tax of 7.75% with expectation of 12 months of service. Project Costs B Branch Name: Inghram Branch Library Monthly Connection for 11 Months $13,915 Technical Assistance for Establishing Connection $509 $0 Subtotal $14,424 Explanation: Inghram 1 Gbps connection cost of $1,100 per month in addition to 15% tax since city of SB has a utility user’s tax of 7.75% with hopes of 11 months of service though it could be as few as two months because of last year of contract with old vendor. Project Budget Detail Project Costs C Branch Name: Rowe Branch Library Monthly Connection for 11 Months $13,915 Technical Assistance for Establishing Connection $508 Subtotal $14,423 Explanation: Rowe 1 Gbps connection cost of $1,100 per month in addition to 15% tax since city of SB has a utility user’s tax of 7.75% with expectation with hopes of 11 months of service though it could be as few as two months because of last year of contract with old vendor. 22.b Packet Pg. 639 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 6 Project Budget Detail Project Costs D. Branch Name: Villasenor Branch Library Monthly Connection for 11 Months $13,915 Technical Assistance for Establishing Connection $508 Subtotal $14,423 Explanation: Rowe 1 Gbps connection cost of $1,100 per month in addition to 15% tax since city of SB has a utility user’s tax of 7.75% with hopes of 11 months of service though it could be as few as two months because of last year of contract with old vendor. 22.b Packet Pg. 640 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 7 ELEMENT 4: SUSTAINABILITY Sustainability Will there be ongoing costs? If yes, what will they be to continue to support this project? Yes, regular costs to be paid from the library’s FY 18-19 budget. Explain how you will fund and support any ongoing costs to support this project after FY 2016/2017 or 2017/2018. Yes, regular costs to be paid from the library’s FY 18-19 budget. 22.b Packet Pg. 641 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 8 ELEMENT 5: ATTACHMENTS If you have additional resources that support your grant, please attach them after this page. • Be sure to scan the application with attachments. ELEMENT 6: SUBMISSION Please submit applications to: By Mail: Southern California Library Cooperative 248 E. Foothill Blvd, Suite 101 Monrovia, California 91016-5525 Attn: Broadband Grants By Email*: Send to broadband@socallibraries.org * If you email your application, the signed original will need to be received within 7 days of the emailed application. 22.b Packet Pg. 642 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 9 APPENDIX B-Eligible Expenses Connectivity One Time Funding Connectivity One Time Hardship LIPC Level One Only • This is one time funding to pay for first year connection to your provider. You must demonstrate a hardship case for needing the funding. Technology Funding Access Point (Data Distribution) • An Access Point is a base station in a wireless Local Area Network. Access points are typically stand- alone devices that may plug into an Ethernet switch or server or may provide a repeater function for wireless networks. Antenna • An antenna is a device for transmitting and/or receiving radio frequency signals. Cabling/Connectors • Cabling refers to the wires or groups of wires capable of carrying voice, video or data transmissions. Cabling provides electrical (or, in the case of fiber optics, lightwave) connectivity between points. Connectors are devices that connect wires or fibers. • Cabling, connectors and related components used for voice, video and data transmission. Eligible components include: • Cable (e.g., copper, fiber, coax, twisted pair) • Connectors • Gigabit Interface Convertor (GBIC) or Small Form-factor Pluggable (SFP) device or SFP+ device • Jacks, panels, faceplates and wire managers • Network Interface Cards • Other cabling components necessary to transport information to the public areas of a library. Circuit Cards/ Components • Circuit cards and related components, such as memory modules/Random Access Memory (RAM), if they are necessary for adequate performance of an eligible component. For example, an eligible router. • Network interface cards that are separately priced or used in eligible equipment. Connectivity One Time Hardship • This is one time funding to pay for first year connection to your provider. You must demonstrate a hardship case for needing the funding. Data Distribution • Components used to transport information from telecommunication or Internet access facilities to the public areas of a library. Such components may include: • Access Points • Firewalls 22.b Packet Pg. 643 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 10 • Network Switches • Routers • Switches • Wireless LAN Controllers. Fiber or Dark Fiber • Trenching or aerial insertion for on-premises fiber installation. • Lit or dark fiber, provided by any entity, including a non- telecommunications carrier. Dark fiber is eligible as long as applicants light the fiber immediately. • Lit fiber—For leased lit fiber, special construction charges are eligible. • Dark fiber—From the eligible entity up to the property line, construction costs to connect the fiber are eligible. Network Management Software • Network Management is a system of equipment or software used in monitoring, controlling, and managing a communications network. Wireless Internet • A wireless Internet access service is eligible under the same provisions as wired access to the Internet. Architectural and Building Funding Conduit • Conduit and raceway including installation of conduit for network Point-of-Entry services. • Conduit installation into the Point-of-Entry or server room, including vaults, surface-mount conduit, wall penetration, and related services and products. Electrical System Upgrades • Electrical service installation or upgrades. Electrical system upgrades refer to products and services that provide, upgrade, or enhance the provision of electrical power. • Purchase and installation of electrical panels, electrical services and backboards. Environmental Monitoring Components • Environmental monitoring components provide information about heat, humidity or other factors in order to provide a warning system for conditions that may affect the correct operation of equipment. For example, an environmental monitoring card is sometimes available as an optional feature of an uninterruptible power supply and is used to monitor the environmental conditions of a rack, computer room or data center. Equipment Racks and Cabinets • A rack is a metal supporting framework for mounting cables, equipment, and/or wires. A cabinet is an enclosure for equipment, terminating cables, connection devices, and/or wires. • Racks are eligible only to the extent that the components they contain are eligible. A surge protector provided as an integral component of a rack or cabinet, without a separately identifiable cost can be included in the cost of the rack or cabinet but a separately priced surge protector is not eligible. Heating, Ventilation, and Air Conditioning (HVAC) • Purchase and installation of HVAC products and services. Uninterruptible Power Supply (UPS)/Battery Backup 22.b Packet Pg. 644 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 11 • An Uninterruptible Power Supply (UPS)/Battery Backup that protects eligible equipment is eligible as a data protection component but no funding will be provided for UPS systems that can provide continued backup power for substantial periods in excess of that necessary for basic power protection. • The following components used for the reliable operation of a UPS are eligible: • UPS Interface Expander • Relay I/O Module. Networking Consulting Funding Consultant costs associated with configuring equipment. 22.b Packet Pg. 645 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 12 APPENDIX C-Grant Award Amounts Grant amounts are based on figures reported by your library for the most recent period available (2014- 2015): • Local Operating Income and Population of the Legal Service Area. Local Income Per Capita (LIPC) level is derived from the two figures listed above. Your library’s LIPC is the result of dividing Local Operating Income by the Population of the Legal Service Area. A local match is required for the two higher LIPC levels. The grant amounts are divided into three tiers, or LIPC levels, defined as follows. Main Libraries LIPC from: Up to: Grant Amount Local Match % Local Match Amount Grant + Match LIPC Level 1 $0 $50.00 $30,000 0% $0 $30,000 LIPC Level 2 $50.01 $99.99 $24,000 $25% $6,000 $30,000 LIPC Level 3 $100.00 $ $20,000 $50% $10,000 $30,000 Branch Connections LIPC from: Up to: Grant Amount Local Match % Local Match Amount Grant + Match LIPC Level 1 $0 $50.00 $15,000 0% $0 $15,000 LIPC Level 2 $50.01 $99.99 $12,000 25% $3,000 $15,000 LIPC Level 3 $100.00 $ $10,000 50% $5,000 $15,000 See Appendix D for List of Librariies. 22.b Packet Pg. 646 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 13 List of Libraries for 2016-2017/2017-2018 (15-02) LIPC Level Max Grant Award (Main Library) Match % Match Amount Grant + Match Max Grant Award per Branch Matc h % Match Amoun t Grant + Match Alpine County Library/Archives 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Amador County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Butte County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Calaveras County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 City of Commerce Public Library 3 $20,000 50% $10,000 $30,000 $10,000 50% $5,000 $15,000 County of Los Angeles Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 El Dorado County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Fresno County Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Humboldt County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Kern County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Kings County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Lincoln Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Lodi Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Lompoc Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Madera County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Mariposa County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Merced County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Monrovia Public Library 2 $24,000 25% $6,000 $30,000 $12,000 25% $3,000 $15,000 Mountain View Public Library 2 $24,000 25% $6,000 $30,000 $12,000 25% $3,000 $15,000 Nevada County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Orange Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 22.b Packet Pg. 647 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 14 Palos Verdes Library District 3 $20,000 50% $10,000 $30,000 $10,000 50% $5,000 $15,000 Plumas County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Porterville Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Sacramento Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 San Bernardino Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 San Diego Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 San Luis Obispo City County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Santa Barbara Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Santa Maria Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Shasta Public Libraries 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Signal Hill Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Solano County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Sonoma County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 St. Helena Public Library 3 $20,000 50% $10,000 $30,000 $10,000 50% $5,000 $15,000 Stockton-San Joaquin Public Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Tehama County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Trinity County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Tulare County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 Yolo County Library 1 $30,000 0% $0 $30,000 $15,000 0% $0 $15,000 22.b Packet Pg. 648 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) Library budget of almost $3 million in FY 2008-09. Library budget of $1,643,143 in FY 2016-17. 22.b Packet Pg. 649 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) San Bernardino Public LIbrary 5 year term Summary Totals Note1: Design is for a circuit from Feldheym Central LIbrary to a CalREN Hub site. Circuits from the Branch Libraries are to go to Feldheym Central Library Connection to HUB Disc % E-rate Discount for San Bernardino Public LIbrary**:0.9 CTF Discount**:0.5 Connection to CalREN Hub at San Bernardino Public LIbrary Link 1: 1G to CalREN Hub Taxes & Surcharges on links Library Equipment 22.b Packet Pg. 650 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) Itemized - Main to Branches Circuits to San Bernardino Public LIbrary Link2: Inghram Branch Library to Feldheym Central Library Link3: Rowe Branch Library to Feldheym Central Library Link4: Villasenor Branch Library to Feldheym Central Library Taxes & Surcharges on links Library Equipment Note 1: These numbers do not include early termination fees Definitions *NRC - Non-Recurring Charges **E-rate discount: percent discount indicated is an estimate ***Collector Circuit - a multi-site aggregation ***CTF discount: percent discount of amount after E rate Note 2: E-rate and CTF discounts are dependent upon the 22.b Packet Pg. 651 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) OPTION 4 1G to CalREN, 1G to branches NRC*Monthly NRC*Monthly -$ 4,750.00$ -$ 237.50$ NRC*Monthly NRC*Monthly -$ 1,450.00$ $ - $ 72.50 Pre Discount Costs (not including Taxes & Surcharges) Pre Discount Costs 1G Circuit to CalREN Estimated Net Costs, after discounts applied Estimated Net Costs, after discounts applied (not including Taxes & Surcharges) Varies San Bernardino Public LIbrary is responsible to provide a router with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams. 22.b Packet Pg. 652 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) NRC*Monthly NRC*Monthly -$ 1,100.00$ -$ 55.00$ -$ 1,100.00$ -$ 55.00$ -$ 1,100.00$ -$ 55.00$ Estimated Net Costs, after discounts appliedPre Discount Costs Varies Main library will need a router or switch with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may be necessary. Each branch will also need a router or switch with at least one LAN interface. 1G circuits to branches 22.b Packet Pg. 653 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) … we make communication possible. AC&C NETWORK SERVICES 4430 E. Miraloma Ave, Unit D, Anaheim, CA 92807, (714) 693-3303, FAX (714) 693-3389 www.accinc.com January 18th, 2017 Ed Erjavek San Bernardino Public Library 555 West 6th Street San Bernardino, CA 92410 Please accept the following proposal #J18SA71 for your Migration from TWBC to CENIC for your 4 Libraries as well as the associated licensing, warranty, hardware replacement, and software support for (3) years. AC&C Network Services, Inc. Qty Part # Product Name Special Pricing Extended Pricing 1 Sonicwall TZ500 Sonicwall TZ500 Network Security UTM Firewall $2,283.00 $2,283.00 1 Secure Plus Intrusion prevention, network- based anti-malware, content and URL filtering and anti-spam services for 3 years included included 1 Tech Support Sonicwall tech support, access to software / patches, for (3) years included included 1 Maintenance Hardware Support / Replacement (3) years included included 1 Labor Configuration and installation of the firewall $3,285.00 $3,285.00 1 Labor Cutover of the (3) remote branches to the CENIC network $1,525.00 $1,525.00 1 Training Training for firewall management $1,600.00 $1,600.00 Sales Tax $182.64 Total $8,875.64 Please let me know if you have any questions or concerns. Thank you, Steve Anderson 22.b Packet Pg. 654 Attachment: Library.Exhibit A -Library BroadbandGrant (5879 : State Library Internet Grant Funding Appropriation) 22.cPacket Pg. 655Attachment: Library.Exhibit B - Library Internet Award (5879 : State Library Internet Grant Funding Appropriation) Technology Improvement Grant Request for Payment This form is to request SCLC to pay an invoice or to release funds to the library. Carefully read the options below. Sign, date and return via a scanned copy or mail. Amount requested: $75,000 Library Name: San Bernardino Public Library Contact: Ed Erjavek 12/3/18 ________________________________________________________________ _________________ Signature Date Please check one of the boxes _____X____ I have chosen to request the full amount of grant awarded funds. Documentation will be retained by San Bernardino Public Library. _________ I have chosen to submit an invoice not to exceed the amount of grant awarded funds to be paid by SCLC. SCLC will retain all eligible equipment records for audit purposes. 22.c Packet Pg. 656 Attachment: Library.Exhibit B - Library Internet Award (5879 : State Library Internet Grant Funding Appropriation) 23.a Packet Pg. 657 Attachment: HR.ASSISTANT WATCH COMM.sr (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 23.a Packet Pg. 658 Attachment: HR.ASSISTANT WATCH COMM.sr (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 23.a Packet Pg. 659 Attachment: HR.ASSISTANT WATCH COMM.sr (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 23.b Packet Pg. 660 Attachment: HR.ASSISTANT WATCH COMM.reso (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 23.b Packet Pg. 661 Attachment: HR.ASSISTANT WATCH COMM.reso (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 23.b Packet Pg. 662 Attachment: HR.ASSISTANT WATCH COMM.reso (5880 : Side Letter Agreement to MOU Between City of San Bernardino and SBPOA) 2018- ____ SIDE LETTER AMENDMENT TO RESOLUTION NO. 2015-173 POLICE SAFETY EMPLOYEES This Side Letter amends the current Memorandum of Understanding (MOU); adding to Article III - Compensation: Section 9 – Assistant Watch Commander. ARTICLE III – COMPENSATION: SECTION 9 – ASSISTANT WATCH COMMANDER Effective December 19, 2018 and continued through June 30, 2020 the City and the SBPOA agree to add Article III – Compensation: Section 9 – Assistant Watch Commander to the current Police Safety Memorandum of Understanding (MOU). The assistant watch commander position will be appointed at the discretion of the Chief of Police; he/she must meet the minimum qualifications established in the LexiPol Policy 1028.3.1. The position will be for a period of one year unless otherwise reappointed; the employee can be selected to serve as assistance watch commander more than once. The assistant watch commander will serve under the direction of the Assistant Chief. Compensation shall be $500 a month. The assistant watch commander position duties include: to serve as a lead over the unit, proactively identify and resolve customer service concerns, respond to employee complaints and/or conflicts, daily briefing training, incident command, addressing intra- agency quality control issues, demonstrate initiative in issue-spotting and problem- solving, effectively mediate and resolve conflict and ascertain potential problems in order to mitigate. The individual in the assistant watch commander position will be required to fulfill the above duties regularly and consistently through the term of the position. Refer to LexiPol Policy 1028.3.1 for minimum qualifications [SIGNATURES ON FOLLOWING PAGE] 23.c Packet Pg. 663 Attachment: HR.Assistant Watch Commander - Attachment 2 SIDE LETTER - POLICE SAFETY (5880 : Side Letter Agreement to MOU Between 2018- ____ DATE: ________________________ FOR THE CITY: ______________________________ Andrea M. Miller, City Manager CITY OF SAN BERNARDINO ______________________________ Helen Tran, Director of Human Resources ATTEST:________________________ Georgeann Hanna, CMC, City Clerk REPRESENTATIVE OF: POLICE SAFETY EMPLOYEES ______________________________ San Bernardino Police Officers Association ______________________________ ______________________________ ______________________________ 23.c Packet Pg. 664 Attachment: HR.Assistant Watch Commander - Attachment 2 SIDE LETTER - POLICE SAFETY (5880 : Side Letter Agreement to MOU Between Date: To: From: Subject: City of San Bernardino Request for Council Action December 19, 2018 Honorable Mayor and City Council Members Andrea Miller, City Manag� By: Gigi Hanna, City Clerk Maddy Act (Local Appointments List) Consent Calendar Recommendation Adopt Resolution No. 2018-329 of the Mayor and City Council of the City of San Bernardino, California, approving the local appointments list and designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (the Maddy Act) and directing the list be posted to the City's Internet website. Background The City of San Bernardino currently has seven commissions, three boards, and two committees which advise and assist the Council in dealing with specific issues. Members are nominated by members of the City Council and appointed by the Mayor, with approval of the City Council. Government Code Section 54972 (The Maddy Act) is intended to encourage community members to participate by ensuring awareness of appointments to serve on boards, bureaus, committees, and commissions that serve in an advisory capacity to the Ma5 yor and City Council. Therefore, in accordance with this provision, before December 31 of each year, the City Council shall cause to be prepared a list of all ongoing boards, commissions and committees which are appointed by the City Council. This list must include which terms will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the positions. This list is required to be posted at the public library in its jurisdiction that serves the largest number of people. With the election of a new Mayor and City Council members, we anticipate there may be changes to the appointments over the next few months in accordance with the City Charter and Municipal Code. We recommend this evening that the City Council adopt Resolution No. 2018-329, approving the current appointments which are reflected in Exhibit A, and that following the appointments, the list be updated. This is intended to ensure compliance with Government Code Section 54972. 12/12/2018 1 :23 PM 24.a Packet Pg. 665 Attachment: CC.Maddy Act Local Appointments List.01.Staff Report (5881 : Maddy Act (Local Appointments List)) 2018-2019 Goals and Objectives Approving the Local Appointments List aligns with Goal No. 1: Implement the City Vision, Goal No. 5: Improve City Government Operation, and Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. Fiscal Impact No fiscal impact to the City. Conclusion Staff recommends that the City Council adopt the Resolution approving the Local Appointments List. As the Mayor and City Council continue to review and consider applications to serve as members of advisory committees and make appointments, the Local Appointments List will be updated. Attachments Attachment 1 Resolution 2018-329; Exhibit A – Local Appointments List Ward: ALL WARDS Synopsis of Previous Council Actions: None. 12/13/2018 2:30 PM 24.a Packet Pg. 666 Attachment: CC.Maddy Act Local Appointments List.01.Staff Report (5881 : Maddy Act (Local Appointments List)) Resolution No. 2018-329 RESOLUTION NO. 2018-329 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE LOCAL APPOINTMENTS LIST AND DESIGNATING THE NORMAN F. FELDHEYM CENTRAL BRANCH OF THE SAN BERNARDINO PUBLIC LIBRARY AS THE PUBLIC LIBRARY TO RECEIVE A COPY OF THE LOCAL APPOINTMENTS LIST (THE MADDY ACT) AND DIRECTING THAT THE LIST BE POSTED TO THE CITY’S INTERNET WEBSITE WHEREAS, The Maddy Act takes into consideration a vast and largely untapped reservoir of talent which exists among the citizenry that all too frequently is unaware of the opportunities for participation on local regulatory and advisory boards and commissions; and WHEREAS, in accordance with this provision, on or before December 31st of each year, the City Council shall cause to be prepared a list of all ongoing boards, commissions and committees which are appointed by the City Council, and a list of all appointive terms which will expire during the next calendar year, to include the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and WHEREAS, California Government Code Section 54973 requires the City Council to make the list available to members of the public for a reasonable fee and either post the list on its website or designate the public library with the largest service population within its jurisdiction to receive a copy of the list; and WHEREAS, on a per-capita basis, the Norman F. Feldheym Central Branch is the most heavily used branch in the San Bernardino City Library system and is the public library with the largest service population within the jurisdiction of the City of San Bernardino. 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. Exhibit “A”, which is attached hereto and incorporated herein, accurately reflects the list of boards, commissions and committees which are appointed by the Mayor and City council and the appointive terms that will expire in the next calendar year, the name of the incumbent appointee, the date of appointment, date the term expires and qualifications for the positions and shall serve as the City’s Local Appointments List. SECTION 3. The Norman F. Feldheym Central Branch, a public library with the largest service population within its jurisdiction, is hereby designated to receive the annual copy of the Mayor and City Council-approved Local Appointments List. 24.b Packet Pg. 667 Attachment: CC.Maddy Act Local Appointments List.02.Resolution (5881 : Maddy Act (Local Appointments List)) Resolution No. 2018-329 SECTION 4. The Local Appointments List shall also be posted on the City’s internet website. SECTION 5. The Local Appointments List shall be updated as appointments are changed. SECTION 6. That 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 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 City Council and signed by the Mayor and attested by the City Clerk this 19th day of December 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 24.b Packet Pg. 668 Attachment: CC.Maddy Act Local Appointments List.02.Resolution (5881 : Maddy Act (Local Appointments List)) Resolution No. 2018-329 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. 2018-, adopted at a regular meeting held at the 19th day of December 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 19th day of December 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 24.b Packet Pg. 669 Attachment: CC.Maddy Act Local Appointments List.02.Resolution (5881 : Maddy Act (Local Appointments List)) EXHIBIT A City of San Bernardino Boards, Commissions and Citizen Advisory Committees Local Appointments List Pursuant to Government Code Section 54972 Board/Commission/ Committee Summary Meeting Time and Location Vacancies and Terms of Office Expiring in 2019 Animal Control Commission This nine (9) member commission, established by Resolution No. 2018-45, is charged with providing advisory recommendations to the Mayor, City Council and City staff on strategies, policies, and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter; increasing awareness of animals available for adoption at the shelter; and educating the community regarding the humane treatment of animals and other matters related to animal shelter services. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Second Wednesday of each month at 4 p.m. in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT Ward 1 N/A 12/2022 Jane Ann Godager Ward 2 9/7/2010 12/19/2018 Charlotte LeVecque Ward 4 3/1/2011 12/19/2018 Angela Halfman Mayor 8/15/2018 12/19/2018 Marilyn Sauer Mayor 8/5/2002 12/19/2018 Arts and Historical Preservation Commission Established by Resolution No. 2018-97, this nine (9) member commission advises the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Third Monday of each month at 4 p.m. in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT Ward 1 N/A 12/2022 VACANT Ward 2 N/A 12/2022 VACANT Ward 3 N/A 12/2022 Dorothy J. Garcia Ward 4 5/16/2018 12/19/2018 Hazael Perez Calleros Mayor 8/15/2018 12/19/2018 VACANT Mayor N/A 12/2022 1 | Page Prepared: 12/13/18 24.c Packet Pg. 670 Attachment: CC.Maddy Act Local Appointments List. 03.EXHIBIT A (5881 : Maddy Act (Local Appointments List)) EXHIBIT A City of San Bernardino Boards, Commissions and Citizen Advisory Committees Local Appointments List Pursuant to Government Code Section 54972 Board/Commission/ Committee Summary Meeting Time and Location Vacancies and Terms of Office Expiring in 2019 Building and Accessibility Appeals Board This five (5) member appeal board established under Municipal Code Chapter 2.45 is comprised of two (2) physically disabled members, two (2) members experienced in building construction, and one (1) member of the general public. The board is tasked with hearing appeals associated with the decisions made by the City’s Building Official relative to the application and interpretation of the California Building, Fire, Plumbing, Mechanical and Electrical Codes and compliance with both State and Federal disabled access regulations. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a four year term of office. Meets as needed in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT At-Large N/A 4 years from Date of Appt. VACANT At-Large N/A 4 years from Date of Appt. VACANT At-Large N/A 4 years from Date of Appt. VACANT At-Large N/A 4 years from Date of Appt. VACANT At-Large N/A 4 years from Date of Appt. Charter Review Committee This nine (9) member committee, established by Resolution No. 2017-243, is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Meets as needed in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey Dailey Ward 1 3/17/2014 12/19/2018 VACANT Ward 2 N/A 12/2022 Rabbi Hillel Cohn Ward 4 3/17/2014 12/19/2018 VACANT Ward 5 N/A 12/2022 Gloria Harrison Mayor 3/17/2014 12/19/2018 Thomas J. Pierce Mayor 3/17/2014 12/19/2018 2 | Page Prepared: 12/13/18 24.c Packet Pg. 671 Attachment: CC.Maddy Act Local Appointments List. 03.EXHIBIT A (5881 : Maddy Act (Local Appointments List)) EXHIBIT A City of San Bernardino Boards, Commissions and Citizen Advisory Committees Local Appointments List Pursuant to Government Code Section 54972 Board/Commission/ Committee Summary Meeting Time Vacancies and Terms of Office Expiring in 2019 Elected Official Compensation Advisory Commission Required by Section 305 of the City Charter and established by Municipal Code Chapter 2.19, this nine (9) member commission is charged with evaluating and making compensation recommendations to the Mayor and City Council for the City’s elected officials. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Meets as needed in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Rosina Motta Ward 1 5/2/2018 12/19/2018 Christina Roman Ward 2 7/18/2018 12/19/2018 James A. Hall Ward 4 5/2/2018 12/19/2018 Thomas J. Pierce Mayor 5/2/2018 12/19/2018 Gary L. Silvius Mayor 6/6/2018 12/19/2018 Library Board Established under City Charter Section 602, this five (5) member board is responsible for: providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a four year term of office. Second Tuesday of each month at 3 p.m. in the Feldheym Central Library Administration Board Room located at 555 West 6th Street, San Bernardino, CA 92410 Name Appointee Original Appointment Term Expires VACANT At-Large N/A 4 years from Date of Appt. Measure "Z" Citizens Oversight Committee This nine (9) member oversight committee, is charged with reviewing and reporting annually on the use of the proceeds from the quarter cent general sales tax established by Measure “Z” beginning on April 1, 2007 for a 15 year period. The revenue generated from the Measure “Z” sales tax are to be used to fund police officers along with anti-gang and anti-crime operations, including drug resistance education and supervised after-school youth activities. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Meets as needed in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT Ward 1 N/A 12/2022 VACANT Ward 2 N/A 12/2022 VACANT Ward 4 N/A 12/2022 Phillip M. Savage III Mayor 02/05/2007 12/19/2018 Clifford R. Cummings Mayor 11/7/2018 12/19/2018 3 | Page Prepared: 12/13/18 24.c Packet Pg. 672 Attachment: CC.Maddy Act Local Appointments List. 03.EXHIBIT A (5881 : Maddy Act (Local Appointments List)) EXHIBIT A City of San Bernardino Boards, Commissions and Citizen Advisory Committees Local Appointments List Pursuant to Government Code Section 54972 Board/Commission/ Committee Summary Meeting Time Vacancies and Terms of Office Expiring in 2019 Parks, Recreation and Community Services Commission This is a nine (9) member commission, established by Resolution No. 2018-47, charged with advising the Mayor, City Council, and City staff on community needs for the purpose of establishing City priorities, goals and objectives with respect to parks, recreation and community services, youth services, and senior services; and evaluating community agencies and organizations receiving City funds for the purpose of providing recreation services, youth and senior services. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Third Thursday of each month at 4 p.m. in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Carlos Gomez Ward 1 3/20/2017 12/19/2018 Frank J. Flores Ward 2 7/20/2015 12/19/2018 VACANT Ward 4 N/A 12/2022 VACANT Mayor N/A 12/2022 VACANT Mayor N/A 12/2022 Personnel Commission Established under City Charter Section 604, this five (5) member board is responsible solely for hearing appeals of disciplinary action filed by City employees, subject to the provisions of adopted labor agreements. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve at the pleasure of the Mayor and City Council. The term of office will be established under Municipal Code Chapter 2.50. Second and fourth Tuesday of each month at 8:30 a.m. as required to hear disciplinary appeals in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 No terms due to expire in 2019 Planning Commission This nine (9) member Commission, established under Municipal Code Chapter 2.22, is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Second Tuesday of each month at 6 p.m. in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey Dailey Ward 1 6/6/2018 12/19/2018 Amelia S. Lopez Ward 2 8/1/2011 12/19/2018 Larry R. Quiel Ward 4 9/6/2016 12/19/2018 Lance Durr Mayor 04/07/2008 12/19/2018 Alfonso Ruiz, Jr. Mayor 10/3/2018 12/19/2018 4 | Page Prepared: 12/13/18 24.c Packet Pg. 673 Attachment: CC.Maddy Act Local Appointments List. 03.EXHIBIT A (5881 : Maddy Act (Local Appointments List)) EXHIBIT A City of San Bernardino Boards, Commissions and Citizen Advisory Committees Local Appointments List Pursuant to Government Code Section 54972 Board/Commission/ Committee Summary Meeting Time Vacancies and Terms of Office Expiring in 2019 Public Safety and Human Relations Commission This nine (9) member commission, established by Resolution No. 2018-46 is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Second Monday of each month at 6:00 p.m. in the Council Chamber at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT Ward 1 N/A 12/2022 Carolyn Sue Conley Ward 2 4/7/2014 12/19/2018 Ricardo Tomboc Ward 4 4/4/2016 12/19/2018 VACANT Ward 5 N/A 12/2022 Russell R. Fritz Mayor 6/20/2018 12/19/2018 William S. Carey Mayor 4/4/2016 12/19/2018 Water Board Established under City Charter Section 603, this five (5) member board is responsible for: the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a six year term of office commencing on the second Monday of May at twelve o’clock noon. Terms of office are staggered and vacancies on the Water Board are filled for the unexpired term in keeping with the provisions established under the City Charter. Second and fourth Tuesday of each month at 9:30 a.m. in the Water Department Boardroom located at 399 Chandler Place, San Bernardino CA, 92408 Name Appointee Original Appointment Term Expires Cecilia (Toni) Callicott At-Large 10/5/1998 5/13/2019 5 | Page Prepared: 12/13/18 24.c Packet Pg. 674 Attachment: CC.Maddy Act Local Appointments List. 03.EXHIBIT A (5881 : Maddy Act (Local Appointments List)) 25.a Packet Pg. 675 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant REPORT_fianl (5882 : SB/Breezeway Arts Block - Creative Placemaking social character of the downtown San Bernardino area between 4th Street and Court Street. The two-year Creative Placemaking project will be implemented through a Breezeway Arts Block that will present an opportunity to draw the community back to the world of a pedestrian friendly downtown. In September an adjunct professor from California State University San Bernardino along with two local artists, hosted their first show at the “Little Gallery of San Bernardino” located at 459 W. 4th Street, Suite 12, in San Bernardino. Subsequently, three successful exhibitions featuring local artists have taken place. Collaboration with additional artists and students has been initiated to create promotional material to be distributed regionally. This proposed grant application and project were presented to the Arts and Historical Preservation Commission on November 28, 2018. The recommendation of the Arts and Historical Preservation Commission is to support the SB/Breezeway Arts Block Project with financial funding and in-kind services. Discussion The Creative California Communities Grant goals and objectives are to: • Inspire a collaborative, creative vision for downtown San Bernardino, inviting artists to help reimagine what is possible • Build the arts and culture market in San Bernardino • Strengthen civic engagement and communication. • Host monthly collaborative art walk/market night • Establish one or more spaces for artists to create and test pop-up business ideas in currently vacant locations downtown pairing with local business as “Artists-in- Businesses” • Create a “Breezeway cooperative” that is open to artists and community members to learn business and management skills in open public classes • Encourage culturally appropriate and inclusive monthly community programming of Court Street Square • Commission a local artist(s) to draw a map of downtown to include historic sites and important points of interest • Collaborate with the City to develop a public art policy and establish at least 2 new works of art during the project timeline The grant has a 2-year timeline from June 1, 2019 through May 31, 2021 to complete the proposed projects. The Arts Connection proposes: Year 1 • Implement the Arts corridor in the Breezeway Block through monthly art and market night (3rd Saturdays) with support from the Little Gallery of San Bernardino and the City • Host monthly community meetings and trainings in cooperative space downtown to plan calendar of events for Court Street Square 12/13/2018 3:16 PM 25.a Packet Pg. 676 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant REPORT_fianl (5882 : SB/Breezeway Arts Block - Creative Placemaking • Build a roster of artist, community members, volunteers and students to coordinate events • Program the calendar, produce the hardcopy and online map in collaboration with the City, CSUSB students and roster of local project partners • Create a call for artists for downtown murals, or other community-based art project in keeping with the project goals and design Year 2 • Continue monthly market night extending beyond the Breezeway • Pop-up artist stores (rotating every 3-4months) • 1-2 commission murals (or other public art project) in conjunction with the second year of planned events, culturally in sync and drawing together the diverse outlying communities surrounding the city’s center • Publish downtown map of businesses, art and historic sites • Monthly community events at Court Street Square Applicant organizations may request up to $150,000 and must provide a dollar-for-dollar match for the Creative California Communities grant. In-kind contributions may be used for up to 50% of the required match. The Arts Connection has confirmed partnership for in-kind contributions with California State University San Bernardino University Enterprise Corporation, The Little Gallery of San Bernardino, Reliacore, and Arts Connection collectively providing services valued at $50,000. In-kind contributions to the SB/Breezeway Arts Block on behalf of the City would be provided in an aggregate amount not to exceed $30,000. In-kind services provided by the City would include: staffs support for associated events, event permit fees, and staff participation in development of a public art policy. Cash contributions on behalf of the City in support of the development and programming of the SB/Breezeway Arts Block Project would be appropriated from the Cultural Development Construction Fee Fund (247-090-0053) in an amount not to exceed $45,000. 2018-19 Goals and Objectives Providing an opportunity to connect people with the artistic, historic and architectural heritage of the City through a collaboration with the Arts Connection aligns with Goal No. 3: Create, maintain and grow jobs and economic value in the City, Goal No. 4: Ensure development of a well-planned, balanced, and sustainable City, and Goal No. 7: Pursue City goals and objectives by working with other agencies. Fiscal Impact The recommended action will require amendment of the Adopted FY 2018/19 Operating Budget by appropriating up to $45,000 (depending on the size of the grant, if awarded). 12/13/2018 3:16 PM 25.a Packet Pg. 677 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant REPORT_fianl (5882 : SB/Breezeway Arts Block - Creative Placemaking The Cultural Development Construction Fee Fund has sufficient resources to support the proposed budget amendment. Additionally, the City is being asked to utilize up to $30,000 as an in-kind match from existing budget allocations. Sufficient staff resources exist to make this commitment if the grant is awarded. Conclusion 1. Review and discuss the Creative California Communities Grant Application for funding and authorize the City Manager to execute all required documentation on behalf of the City in support of the application being filed by University Enterprise Corporation representing the SB/Breezeway Arts Block collaborative. 2. Authorize the Director of Finance to amend the FY 2018/19 Operating Budget by an amount not to exceed $45,000 in the Cultural Development Construction Fee Fund and authorize the use of existing resources in an amount not to exceed $30,000 as an in-kind match. Attachments Attachment 1 Arts Connection Council Creative Communities Grant Application Attachment 2 SB/Breezeway Arts Block Project Draft Summary Attachment 3 Arts and Historical Preservation Commission Special Meeting Minutes on November 28, 2018 12/13/2018 3:16 PM 25.a Packet Pg. 678 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant REPORT_fianl (5882 : SB/Breezeway Arts Block - Creative Placemaking 25.b Packet Pg. 679 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 1.Arts Connection SB Breezeway Arts Block Project Summary 25.b Packet Pg. 680 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 1.Arts Connection SB Breezeway Arts Block Project Summary 25.b Packet Pg. 681 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 1.Arts Connection SB Breezeway Arts Block Project Summary 25.b Packet Pg. 682 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 1.Arts Connection SB Breezeway Arts Block Project Summary 25.b Packet Pg. 683 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 1.Arts Connection SB Breezeway Arts Block Project Summary CREATIVE CALIFORNIA COMMUNITIES 2018-2019 Grant Guidelines & Application Instructions Deadline: January 9, 2019 11:59 PM The mission of the California Arts Council, a state agency, is to advance California through the arts and creativity. Learn more at www.arts.ca.gov © 2018 State of California 25.c Packet Pg. 684 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 2 of 10 California Arts Council Governor of California Edmund G. Brown Jr. Arts Council Members Nashormeh Lindo, Chair Larry Baza, Vice Chair Phoebe Beasley Christopher Coppola Juan Devis Kathleen Gallegos Jaime Galli Donn Harris Louise McGuinness Steve Oliver Rosalind Wyman Staff Director Anne Bown-Crawford Deputy Director Ayanna Lalia Kiburi, MPH Programs Officer Shelly Gilbride, PhD Address 1300 I Street, Suite 930 Sacramento, CA 95814 (916) 322-6555 Toll Free: (800) 201-6201 FAX: (916) 322-6575 www.arts.ca.gov Office Hours 8:00 AM - 5:00 PM Monday through Friday 25.c Packet Pg. 685 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 3 of 10 Purpose: The California Arts Council (CAC), a state agency, was established in January 1976 to encourage artistic awareness, participation, and expression; to help independent local groups develop their own arts programs; to promote employment of artists and those skilled in crafts in the public and private sector; and to enlist the aid of all state agencies in the task of ensuring the fullest expression of our artistic potential. The Council: The appointed Council of the CAC consists of 11 members who serve stagge red terms. The Governor appoints nine members, the assembly Speaker appoints one member, and the Senate President pro Tempore appoints one member. Council members serve without salary, elect their own officers, and meet throughout the state to encourage pu blic attendance. This body sets policy and has final approval of CAC grants. Mission: Advancing California through the arts and creativity. Vision: The CAC envisions a California where the lives of all Californians are enriched by access to and participation in a diverse spectrum of arts and cultural experiences and the arts ecosystem reflects contributions from all of California’s diverse populations. Funding: The CAC is a state agency, funded from the state’s annual budget process and proceeds from the California Arts License Plate and the Keep Arts in Schools tax return voluntary contribution fund, supplemented by funds from the National Endowment for the Art s. Its grants are usually matched by foundations, individuals, earned income, government agencies, or other organizations. Information Access: Due to the Public Records and Open Meeting Acts, applications and their attachments are not confidential and may be requested by the media and/or public. Meeting dates and locations are posted at www.arts.ca.gov. Observers may attend but may not participate in, or in any way interfere with, Council meetings. Each meeting prov ides a designated time for public comment, although comments may be time -limited. Grant Process: Applications are evaluated by panels of experts, recognized in their respective fields, who rank applications according to program criteria. The CAC staff prov ides information but not recommendations to the panel. The Council reviews panel recommendations before making final funding decisions. CAC staff is responsible for grant contract administration after Council approval. In dire or unexpected circumstances, CAC reserves the right to make exceptions to any policy or procedure on a case -by-case basis. Requirements: The CAC is mandated both by federal and state regulations to fund only organizations that have proof of nonprofit status under sec. 501(c)(3) of the Internal Revenue Code (Fiscal Receivers are eligible in some programs), or under sec. 23701d of the California Revenue and Taxations Code, or entities that are a unit of government; and that comply with the Civil Rights Acts of 1964, as amended; sec. 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; the Drug -Free Workplace Act of 1988; California Government Code secs. 11135-11139.5 (barring discrimination); the Fair Labor Standards Act, as defined by the Secretary of Labor in part 505 of title 29 of the Code of Federal Regulation; the Americans With Disabilities Act of 1990 (“ADA”); the Fair Employment and Housing Act; and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Ownership, Copyrights, Royalties, Credit: The CAC does not claim ownership, copyrights, royalties, or other claim to artwork produced as a result of a CAC grant. However, the CAC reserves the right to reproduce and use such material for official, noncommercial p urpose, including but not limited to use on the CAC website, social media and print materials. In addition, the CAC requires documentation of grants activity, and appropriate credit for CAC partial support 25.c Packet Pg. 686 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 4 of 10 Background and Purpose The Creative California Communities (CCC) program is rooted in the California Arts Council’s (CAC) vision that the lives of all Californians are enriched through a diverse spectrum of artists and arts and cultural experiences. Access to and participation in the arts in daily life revitalizes streets, neighborhoods, and communities and preserves the place of culture—promoting civic engagement, encouraging collective problem solving and building bridges across cultures. The CCC program supports meaningful, collaborative, creative placemaking projects that animate, activate, and celebrate communities by using local artists, cultural resources, and/or the creative sector as central components. Projects connect nonprofit, government and business entities to create positive changes in support of the community’s goals. Projects also encourage increased engagement in arts and cultural activities with community members in a place-based context. Place-based refers to a context grounded in a physical space or geographic area (e.g., a building, plaza, neighborhood, or natural geographic feature). The intersection of partnerships, place, and arts and cultural activities is essential for this program. CCC projects promote vibrancy in communities while honoring their existing creative vitality. CAC guiding definitions of creative placemaking include: In creative placemaking, public, private, not-for-profit, and community sectors partner to strategically shape the physical and social character of a neighborhood, town, tribe, city, or region around arts and cultural activities. – National Endowment for the Arts A process in which arts and culture play an intentional and integrated role in place - based community planning and development that is human-centric, comprehensive, and locally informed. The “creative” simply invites artists and arts organizations to join their neighbors in shaping communities’ futures; not necessarily in making places more creative. – ArtPlace America Artistic and cultural activities strengthen a community, particularly when they reveal and celebrate its character and identity. [W ]e support residents coming together to make social, physical and economic changes in their neighborhoods through the arts and culture. – Local Initiatives Support Corporation CREATIVE CALIFORNIA COMMUNITIES 2018-19 GRANT GUIDELINES DEADLINE: January 9, 2019 11:59 PM Apply at calartscouncil.smartsimple.com Up to $150,000 Grant Activity Period: 6/1/2019-5/31/2021 25.c Packet Pg. 687 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 5 of 10 Eligibility • The applicant must be a California-based nonprofit arts organization or arts-based unit of government. • All applicant organizations must be consistently engaged in arts programs and/or services for two years prior to the application deadline. • All applicant organizations must have a principal place of business in California. • The applicant must demonstrate proof of nonprofit status under section 501(c)(3) of the Internal Revenue Code, or section 23701d of the California Revenue and Taxation Code, or must be a unit of government, including California Native or Indigenous tribal governments. o Fiscal Sponsors: An applicant without nonprofit status may use a California - based Fiscal Sponsor with a federal 501(c)(3) designation to conduct work on a not-for-profit project. The Fiscal Sponsor will provide the fiscal and administrative services needed to complete the grant. If a grant is awarded, the Fiscal Sponsor becomes the legal contractor. The Fiscal Sponsor must also demonstrate consistent arts services or programming in California for a minimum of two years prior to the application deadline. See additional information on the use of CAC Fiscal Sponsors. o Applicants using Fiscal Sponsors must submit all required materials for the Fiscal Sponsor at the time of application. • All applicants must submit all required application materials and information at the time of submission. Incomplete applications are ineligible and will not be reviewed by the panel. Please see Application Instructions for all required materials and information. o For all programs that require a CAC DataArts Funder Report, two years of data must be included in DataArts profile and report. Program Goals Projects should address the following Creative California Communities program goals: • Develop a creative placemaking project that represents the distinct character of a defined community. • Develop arts-based approaches to address specific needs, circumstances, and/or priorities of a community. • Present a vision for enhancing the social, economic, or environmental livability of a community through the arts that honors the residents, history, and culture of that community. • Build partnerships between the applicant organization and at least one partnering public-sector or municipal agency, non-arts nonprofit, or local business. • Engage community members in project design and implementation. • Engage California artists and their work in the project design and implementation, including appropriate compensation for their services. • Generate meaningful impact within a defined community. Project Requirements • The applicant must develop and complete a project addressing the program’s purpose by May 31, 2021. All activities to be funded by the CAC must occur within the two-year Grant Activity Period (see Timeline). 25.c Packet Pg. 688 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 6 of 10 • Projects should include three features: cross-sector partners, a place-based orientation, and a core of arts and cultural activities. • The project must be designed and developed in partnership between a nonprofit arts organization (applicant organization) and at least one other partnering organization (primary partner), each of which has defined project responsibilities. Potential partner(s) may include local government agencies, businesses, nonprofit organizations, or universities. • A Letter of Agreement describing the role and contributions of the partner(s) to the project is required. • Create a project plan that outlines activities, partnership responsibilities, intended artistic and creative placemaking outcomes, and an evaluation/documentation strategy. • A public component that is accessible to the defined community must be included. Examples may be a culminating performance, public artwork, special event, etc. Community accessibility may be in the form of cost of participation, languag e translations of promotional materials, timing and location of activities, etc. • The project must be an expansion of existing project(s) or a new project. CCC funding does not support ongoing operational costs, but encourages building sustainable partnerships that foster long-term arts and cultural infrastructure within the community. • Accessibility: The CAC is committed to making the arts accessible and inclusive for all Californians. All CAC-funded programs, services, information, and buildings a nd facilities where funded activities take place must be accessible. Please see Page 2: Requirements for more information. Eligible Request Amounts • Applicant organizations can request up to $150,000. • The total of the two-year request for Creative California Communities program cannot exceed 100% of an organization’s total operating revenue from the last completed fiscal year, as it appears in the DataArts Funder Report. Funding Restrictions • The total of all application requests for one year of funding in FY18-19 cannot exceed 50% of an organization’s total operating revenue from the last completed fiscal year. For two-year grant programs, half of the total grant request will apply to this cap. If applying for one or more CAC grants in a grant cycle, the total amount requested cannot exceed 50% of what is reflected in the organization’s Total Operating Revenue line in the DataArts Funder Report. • Applicants to this program are not restricted from applying for and receiving additional CAC program grants as long as those funds are used for different projects and purposes. To meet this criterion, applicants must demo nstrate that projects: o Serve primarily different groups of people o Take place in different spaces, times, and/or contexts o Achieve fundamentally distinct programmatic outcomes • Neither the award nor the match may be used to supplant state-funded expenses. 25.c Packet Pg. 689 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 7 of 10 Matching Funds All grant recipients must provide a dollar-for-dollar (1:1) match for the CCC grant. A cash match may be from corporate or private contributions, local or federal government, or earned income. State funds cannot be used as a match. If applying for multiple CAC grants in a single fiscal year, distinct funds must be identified to meet the matching requirement for each grant application. The applicant must indicate whether matching funds are projected, pending or committed. Matching funds can be contributed by the applicant organization and/or primary partner organization. In-Kind Match: Use of in-kind contributions as a portion of the match is intended to support organizations that may not have the financial capability to provide a 1:1 cash match, but demonstrate the capacity to carry out the activities in the grant application with other sources of support. In-kind contributions are non-cash donations provided by third parties for which monetary value can be determined. In-kind contributions may be used for up to 50% of the required (1:1) match. • In -kind contributions may be in the form of space; pro bono consultancy, training or services; supplies; and other expendable property that are given free of charge to the organizations. • In-kind contributions may only be provided by third parties. • In -kind contributions by state entities are inel igible. In-kind contributions must be reflected as an expense in the grant application budget. Applicant organizations must accurately document and report in-kind contributions in their DataArts Funder Report. See additional information on CAC In-kind Contributions. If you have any questions about in-kind contribution documentation or eligibility, please contact the Arts Program Specialist. See staff assistance below. What the CAC Does Not Fund • Individuals (as applicants) • Hospitality or food costs • State agencies (as applicants) • Federal agencies (as applicants) • Non-arts organizations not involved in arts activities (as applicants) • For-profit organizations (as applicants) • Former grantee organizations not in compliance with CAC grant requirements (as stipulated in grant agreement) • Fundraising activities or services such as annual campaigns, fundraising events, or grant writing • Programs or services intended for private use, or for use by restricted membership • Projects with religious purposes • Operational, administrative or indirect costs of schools, colleges, or universities, or any activities that are part of the curricular base of these institutions • Trusts, endowment funds or investments • Capital outlay, including construction projects or purchase of land and buildings • Equipment • Debt repayment • Out-of-state travel 25.c Packet Pg. 690 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 8 of 10 • Expenses incurred before the start date or after the ending date of the grant activity period • Lobbying activities that are intended to influence the actions, policies, or decisions of government officials or specific legislation Application Process Applications will be available online through the CAC’s online grants management system at calartscouncil.smartsimple.com. Only applications submitted through the system by the deadline will be accepted. More information can be found on the Application Resources page of the CAC website. Review Criteria The peer review panel will evaluate applications based on the following criteria: • Project Design and Implementation: Project design indicates realistic timeline, appropriate budget, clear artistic and community-based objectives, and achievable goals. Design includes methods to evaluate and measure success, collect and analyze data, and document activities. Design demonstrates depth of participant involvement and clear plans for community outreach and marketing. • Artistic Merit: California artists are involved at every stage of the project design and execution and demonstrate skills, expertise, and experiences that are central to the goals of the project and program. Creative process in project design and implementation reflects community standards. • Community Impact: Project demonstrates reach and/or depth of engagement in a defined community. Project is responsive to the community to be served. Project execution and evaluation involve significant community participation in accordance with the identified program goals and project requirements. • Management and Leadership: Ability of applicant organization to implement proposed project is clearly demonstrated. Overall fiscal and managerial health of applicant and partnering organizations is evident. Peer Panel Evaluation and Ranking Process The panel's review of applications and work samples is a multi-step process and involves assigning numerical ranks (1-6) to an application. Panelists’ ranks are averaged to obtain the final score. Final ranking and funding allocations may be made according to the first decimal place within each rank as necessary. For each of the rankings listed below, the description refers to the complete content of the application as submitted by the applicant. 6 Exemplary Meets all of the review criteria to the highest degree possible 5 Strong Meets all of the review criteria in a significant manner 4 Good Meets all of the review criteria to some extent; however, areas of the application need improvement, development, or clarification 3 Marginal Does not meet the majority of the review criteria in a 25.c Packet Pg. 691 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 9 of 10 significant manner 2 Weak Significant inadequacies in addressing review criteria; proposals that do not meet the project requirements or grant program goals 1 Ineligible Incomplete applications, applications that do not meet eligibility criteria. Former grantee organizations not in compliance with CAC grant requirements. California Arts Council Decision-making The final authority for grant decisions is the appointed Council. After receiving and reviewing the peer panel’s ranking recommendations, the Council will consider the panel’s recommendations and make final funding decisions at a public meeting. If approved by the Council for support, grant amounts may differ from the request amount due to the level of funding available to the program, demand for that funding, and/or the rank a proposal receives from the peer review panel. Depending on the amount of funds available and the number of applicants, the Council will decide which ranks receive funding, and for what percentage of the applicant’s request amount. Should a grant award be made for an amount less than the request amount, the applicant will be required to agree to complete what is described in the application with a lesse r grant award than the original request in the grant contract. CAC staff is responsible for grant contract administration after Council approval. Timeline January 9, 2019 11:59 PM Application deadline (online) May 2019 Funding decisions May 2019 Funding notifications June 1, 2019 – May 31, 2021 Grant Activity Period June 30, 2020 Interim Report deadline June 30, 2021 Final Report deadline Grantee Requirements Grantees must comply with all requirements as stipulated in the grant agreement including but not limited to the following: • Grantees are required to carry out activities consistent with the ap plication approved for funding. Requests to make changes to funded activities require prior written approval from CAC staff. Requests for changes are considered on a case-by-case basis; approval is not guaranteed. • To better inform our elected representatives as to the value of the arts and the use of state funds, you will be expected to include—with your approved grant agreement— photocopies of signed letters that you have sent to the Governor and your State Senate and Assembly representatives thanking them for your grant. 25.c Packet Pg. 692 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - 2018-19 CAC CCC Program Guidelines | Page 10 of 10 • Use the CAC logo on all printed, electronic materials and websites (programs, catalogs, postcards, posters, newsletters, leaflets, publications, etc.) that specifically reference this grant. • Credit the CAC on all printed and electronic materials: “This activity is funded in part by the California Arts Council, a state agency.” • Reports summarizing grant-funded activities and accomplishments will be required. Appeal Process Appeals to CAC funding decisions must be submitted on an official Appeal Form, available from the CAC, and postmarked within 45 days of the decision. Appeals are granted only on the following grounds: 1. Panel’s assessment was based on a misstatement of factual information as contained in the application such that it negatively influenced the panel’s recommendation; and/or 2. Incorrect processing of the required application material such that it negatively influenced the panel’s assessment of the applicant’s request for funding. Note: Dissatisfaction with award denial or with award amount is not grounds for appeal. Staff Assistance CAC staff is available to offer guidance and clarification in preparing your proposal. We recommend that you contact staff well in advance of the deadline to ensure you can be accommodated. People who are Deaf, Hard of Hearing, have difficulty speaking, or who are Deaf Blind may dial 711 to reach the California Relay Service (CRS). Large print is available upon request. Hilary Amnah, Arts Program Specialist hilary.amnah@arts.ca.gov (916) 322-6502 25.c Packet Pg. 693 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - FY18-19 CREATIVE CALIFORNIA COMMUNITIES Grant Application Instructions California Arts Council | FY18-19 CCC Grant Program | Grant Application Instructions i Application Instructions DEADLINE: January 9, 2019 by 11:59 PM All grant applications must be submitted in the California Arts Councils online grants management system, calartscouncil.smartsimple.com . Please refer to CAC Registration Information for additional guidance. Please have the following information and documentation prepared prior t o beginning your registration: • Applicant Organization Federal EIN (or that of Fiscal Sponsor, if applicable) • Applicant Organization DUNS Number (or that of Fiscal Sponsor, if applicable), obtainable from the Dun and Bradstreet Request Service website • Applicant Organization contact information, including business address, mailing address (if different), county name, phone and fax number (if available), and website • Number of years Applicant Organization has engaged in arts programming • Year Applicant Organization began arts programs and/or services • Organizational m ission statement and purpose • Brief summary of Applicant Organization’s core programs and services Application Checklist: Required Support Materials: • Artistic Work Samples: Please include up to three samples of artistic work providing evidence to the quality of the artists associated with this project. Images, audio, and video (links) should be recent, relevant and related to your proposed pr oject. • Additional Work Samples: Please provide up to two PDF documents that best portray your organization and its work. These may include press materials, flyers, brochures, programs, newsletters, and other marketing pieces generated within the past two years. • Letter of Agreement: Please provide a joint Letter of Agreement signed by both the Applicant Organization and the Partnering Organization. This letter should indicate mutual commitment to the project, and mutual understanding of the roles and responsibilities of each party. • Letter of Support or Testimonial: Please provide a signed statement from a key stakeholder, partner, or community member. The statement should substantiate the quality of the organization, and affirm the organization's impact on the community it serves • SMU DataArts Funder Report: The California Arts Council requires all applicants to complete two Cultural Data Profiles (CDP) through SMU DataArts (formerly the Cultural Data Project) and generate a Funder Report to include with their application. The Funder Report will be used to assess your organization's fiscal health and activities. You will need two years of financial and programmatic data to fil l out your 25.c Packet Pg. 694 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - California Arts Council | FY18-19 CCC Grant Program | Grant Application Instructions ii CDPs. To complete this part of your submission, log in to the SMU DataArts website. See DataArts Instructions below for step -by-step instructions. • Payee Data Record (STD 204) Required Support Materials for Fiscally Sponsored Applications: • Legal name of Fiscal Sponsor Organization • Fiscal Sponsor Organization Federal EIN • Fiscal Sponsor Organization DUNS Number • Fiscal Sponsor Organization executive leader’s name, phone number, and email • Fiscal Sponsor Organization mailing address • Number of years the Fiscal Sponsor Organization has been engaged in arts programming and/or services • A brief description of the history of the Fiscal Sponsor Organization’s arts programming and/or services • An IRS 990, 990-EZ or 990-PF form for the Fiscal Sponsor Organization; no other types of 990 forms will be accepted • A Letter of Agreement between the Applicant Organization and the Fiscal Sponsor Organization confirming their und erstanding of and compliance with the CAC Fiscal Sponsor Policy • Payee Data Record (STD 204) Please refer to the CAC Fiscal Sponsor Policy for additional information. Application Questions: The following questions will be asked on the application: Narrative Questions: • Provide a detailed description of your creative placemaking project. Be sure to include the following: (3000 characters) o A brief overview of artistic and community-based activities o Description of how the project is an expansion of an existing project(s) or a new project o A brief description of the project’s place-based orientation that is grounded in geography and/or a physical location o A brief description of each partnering organization and how they are engaged in the project design and implementation o How California artists and their work are engaged in the project design and implementation o How community members are engaged in the project design and implementation • Provide a detailed timeline for the activities that wil l occur within the Grant Activity Period. Convey a sense of the arc of the project from beginning, through the middle, to the end. (2000 characters) • Provide a description and any relevant history of the community to benefit from the project, and how the project represents the distinct character of that defined community. (2500 characters) • Describe the public component of this project, and how it is acc essible to the defined community. (1500 characters) • How will this project build partnerships between the applicant organization and partnering organization(s)? Describe the position of your organization and the partnering 25.c Packet Pg. 695 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - California Arts Council | FY18-19 CCC Grant Program | Grant Application Instructions iii organizations within the defined community, and what services they provide. (2000 characters) • How does this project present a vision for enhancing the social, economic, or environmental livability through the arts that honors the residents, history, and culture of that community? Name the specific needs, circumstances, and/or priorities of the community and how arts-based approaches will be used to address them. (2500 characters) • Describe the evaluation/documentation strategies will be used to measure the success of the intended artistic and creative placemaking outcomes for this project. (2000 characters) • How will this project generate meaningful impact within the defined communit y? (2000 characters) • Provide a brief biography for each key individual (artistic, technical, or administrative) involved in this project. Include name, title, whether to be supported by CAC funds, experience as it relates to this project, and role within the proposed activities. (2500 characters) • Describe efforts to ensure accessibility and inclusion. Consider both personnel and participants, where applicable. (1500 characters) Quantitative Questions: • Number of new artworks created • Number of free events • Number of other events • Number of artists directly involved • Number of individuals compensated through this grant • Number of total individuals to benefit directly Budget Tables: You will be required to submit a line-item project budget, including anticipated matching funds. Please refer to What the CAC Does Not Fund within the program guidelines to ensure that all line items are eligible expenses. You will also be required to fill out a Source of Match table, indicating sources and status of all matching funds (i.e., Projected, Pending, Confirmed). SMU DataArts Instructions: Follow these instructions to complete a Cultural Data Profile (CDP) and Funder Report: 1. Go to the SMU DataArts website and use the orange login button to access your DataArts account. If your organization does not yet hav e a SMU DataArts account, choose the “Create an account” link to register. 2. Create and complete two CDPs, one for each fiscal year. Enter data using your board-approved financial audit/review or year-end financial statements. a. If your organization is not audited/reviewed, enter data using your board - approved, year-end financial statements. b. If your organization is an arts program/department within a larger institution, enter data based on internal financial statements of the arts program/department and indicate that you have a parent organization 25.c Packet Pg. 696 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - California Arts Council | FY18-19 CCC Grant Program | Grant Application Instructions iv when selecting your organization type on the Customize Your Survey screen. c. DO NOT enter project budgets, budgets for future years, or incomplete or not-yet-approved audits/reviews/financial statements. 3. Some errors may be triggered as you enter financial data, and you will be able to review and resolve them as you work on your survey. Select the “Check and Complete” button to run a final, comprehensive error check when you are finished entering data, and correct any errors that may arise at that time. If you need assistance, call the SMU DataArts Support Center at 1-877-707-3282. 4. After you have finished entering and completing your two fiscal year surveys, you will then use your CDP data to generate a Funder Report to be included with your application materials. a. Go to Funder Reports and Grants and search for California Arts Council. Find the grant program which you will apply to, select the “‘View” dropdown, then “Submit Data” to share your data with California Arts Council. A PDF Funder Report will then generate. Once you have run your report from SMU DataArts, download, save, then upload your Funder Report below. You can also find a video of step-by-step instructions here. Applicant Organizations should direct questions concerning the CDP or Funder Report to: SMU DataArts Support Center: Toll Free: (877) 707-3282 Email: help@culturaldata.org The Support Center is available Monday – Friday from 6:00 AM to 5:00 PM PST. SMU DataArts website: https://culturaldata.org Application Assessment: Panelists may consider any aspect of an application when ranking for each review criteria, including but not limited to the Areas of Assessment indicated below. Review Criteria #1: Project Design and Implementation Areas of Assessment: ● Narrative and quantitative questions ● Letter of agreement ● Project budget Review Criteria #2: Artistic and Merit Areas of Assessment: 25.c Packet Pg. 697 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - California Arts Council | FY18-19 CCC Grant Program | Grant Application Instructions v • Key personnel bio(s) • Artistic work samples • Additional work samples Review Criteria #3: Community Impact: Areas of Assessment: • Narrative and quantitative questions • Letter of support or testimonial • Additional work samples Review Criteria #4: Management and Leadership Areas of Assessment: • Narrative and quantitative questions • Key personnel bio(s) • DataArts Funder Report • Project budget • Overall completeness and accuracy of application submission 25.c Packet Pg. 698 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 2.Grant Application (5882 : SB/Breezeway Arts Block - City of San Bernardino 290 North D Street San Bernardino, CA 92401 http://www.sbcity.org Arts & Historical Preservation Commission of the City of San Bernardino Page 1 November 28, 2018 MINUTES FOR THE ARTS AND HISTORICAL PRESERVATION COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, NOVEMBER 28, 2018 COUNCIL CHAMBER CALL TO ORDER The Special Meeting of the Arts and Historical Preservation Commission of the City of San Bernardino was called to order by Dorothy J. Garcia, Chairperson, at 3:32 pm, November 28, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Title Status Arrived Vacant Commissioner, Ward 1 Vacant Commissioner, Ward 2 Vacant Commissioner, Ward 3 Dorothy J. Garcia Commissioner, Ward 4 Present 3:30 pm Nicholas Cataldo Commissioner, Ward 5 Present 3:25 pm Rick Moss Commissioner, Ward 6 Present 3:32 pm Lynda Savage Commissioner, Ward 7 Present 3:30 pm Hazael Perez Calleros Commissioner, Mayor’s Appointee Present 3:30 pm Add Name Commissioner, Mayor’s Appointee Jim Tickemyer Staff Liaison Present 3:25 pm PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Jennifer Kane, Executive Director, Arts Connection – Art Council of San Bernardino County – Ms. Kane spoke regarding seeking support from city for Creative California Chairperson Dorothy J. Garcia Vice Chairperson Nicholas Cataldo Commissioners Vacant Vacant Vacant Rick Moss Lynda Savage Hazael Perez Calleros Vacant 25.d Packet Pg. 699 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 3.Minutes AHPC Special Mtg 11-28-18 (5882 : SB/Breezeway Special Meeting Minutes November 28, 2018 Arts & Historical Preservation Commission of the City of San Bernardino Page 2 11/28/2018 Communities Grant. She provided background of SB/Breezeway Arts Block and the cities role. She answered questions from Commissioners regarding grant, events, promotion and benefits to the city. CONSENT CALENDAR No Consent Calendar Items STAFF REPORTS 1. Creative Placemaking Grant Motion: Move to recommend to the Mayor and City Council to support the Creative California Communities Grant with financial funding and in-kind services. RESULT: ADOPTED (5-0) MOVER: Nicholas Cataldo SECONDER: Rick Moss AYES: Cataldo, Moss, Savage, Calleros, Garcia 2. Regular Meeting Schedule Motion: Move to hold the regular Arts and Historical Preservation Commission meetings on the 3rd Monday of each month at 4:00 pm. RESULT: ADOPTED (5-0) MOVER: Nicholas Cataldo SECONDER: Rick Moss AYES: Garcia, Calleros, Moss, Savage, Cataldo 3. Adjournment The meeting adjourned at 4:04 pm The next Regular Meeting of the Arts and Historical Preservation Commission will be held on December 17, 2018 at 4:00 pm in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. By: __________________________ Lesa Nichols, Administrative Assistant/Secretary 25.d Packet Pg. 700 Attachment: PR.Arts Connection SB Breezeway Arts Block Grant.ATTACHMENT 3.Minutes AHPC Special Mtg 11-28-18 (5882 : SB/Breezeway 26.a Packet Pg. 701 Attachment: CC SPECIAL ELECTION (5883 : Special Municipal Election 2019) 26.a Packet Pg. 702 Attachment: CC SPECIAL ELECTION (5883 : Special Municipal Election 2019) 27.a Packet Pg. 703 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive bounded approximately by the south side of Highland Avenue on the north, the west side of D Street on the west, east side of Waterman Avenue on the east, and the north side of Baseline Street on the south. The intent of the Adaptive Reuse Overlay is to allow for the reuse of existing buildings within the City that have been underutilized. With advancements in digital technology the need for traditional office space has become less desirable, and many office buildings are now struggling to maintain occupancy. Allowing the reuse of underutilized commercial office buildings within strategic areas will help revitalize areas of the City that have become blighted from a lack of consistent use or occupancy and will assist in meeting the City’s State mandated housing requirements. Adaptive Reuse projects are permitted within the Adaptive Reuse (AR) Overlay subject to the approval of a Development Permit application by the Mayor and City Council. On June 12, 2018, the Planning Commission unanimously adopted Resolution No. 2018-027 forwarding a recommendation that the Mayor and City Council: 1. Approve a Categorical Exemption; and 2. Approve Development Permit Type-P 18-01, based on the Findings of Fact and subject to the recommended Conditions of Approval. On September 19, 2018, the Mayor and City Council heard the project, Development Permit Type-P 18-01, and did not seem to have an objection to the proposed adaptive reuse of the office building located 1600 N. Arrowhead Avenue. However, a member of the public spoke on the item and challenged the CEQA exemption (Section 15301 for Existing Facilities) that was used for the environmental determination. Legal counsel suggested that the project should be exempt from CEQA review, but that Section 15332 for Infill Development Projects was more appropriate to use for this project. The item was continued to a date undetermined. The Class 32 exemption requires analysis to determine that the project would not cause significant impacts to traffic, noise, water quality, or air quality. Due to the additional research and analysis required to support the Class 32 exemption and scheduling conflicts, the project was not ready to be heard again until December. Project Description Pursuant to the requirements of Chapter 19.19B (Adaptive Reuse Overlay District) and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of Development Permit Type-P 18-01 to allow: 1. The conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units. 12/13/2018 3:21 PM 27.a Packet Pg. 704 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive The first floor of the proposed residential apartment complex contains a total of nine (9) units, in which there will be two (2) 2-bedroom units and seven (7) 1-bedroom units. The second floor contains the remaining six (6) units with one (1) 2-bedroom unit and five (5) 1-bedroom units. Site Design The existing site will be modified to include additional landscaping and shared open space for future residents. A trash enclosure will be modified to meet ADA accessibility requirements. Additionally, a small equipment playground area is proposed to accommodate residents with young children. Architecture The existing out dated architecture will be modernized by adding window frames and shutters to incorporate residential character for the building. New paint and landscaping will be added to refresh the building and enhance the overall project site. Access, Circulation, and Traffic The site will be accessed from one (1) two-way driveway fronting 16th Street and an alley way fronting Arrowhead Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the off-street parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has determined that a Traffic Analysis is not required for the proposed residential apartment complex. Parking A total of twenty-five (25) parking spaces will be provided which exceeds the eighteen (18) parking spaces required pursuant to the newly adopted Adaptive Reuse standards. It should be noted that the alleyway between 16th Street and 17th Street will be marked as a “tow-away” zone to prevent vehicles from blocking access to the alley, as many of the residents on 17th Street use the alley for primary vehicular access. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: • Land Use Element Policy 2.2.1 – Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods. • Land Use Element Goal 2.4 – Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. • Land Use Element Policy 2.8.1 – Ensure that all structures comply with seismic safety provisions and building codes. • Housing Element Policy 3.1.1 – Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones. 12/13/2018 3:21 PM 27.a Packet Pg. 705 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive • Housing Element Policy 3.2.4 – Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties. • Housing Element Policy 3.4.1 – Provide regulatory environment in which housing opportunities are available for all persons. • Housing Element Policy 3.5.4 – Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. • Housing Element Policy 3.6.2 – Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. • Community Design Element Policy 5.6.4 – Provide usable common space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards, balconies, patios, terraces, and enclosed play areas. • Community Design Element Policy 5.6.5 – Provide convenient access from multi-family development to nearby commercial centers, schools, and transit stops. • Safety Element Policy 10.5.4 – Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination of waterways. With respect to the proposal, the applicant will develop the subject property in a manner that will enhance the physical and visual qualities of the subject property, thereby enhancing the aesthetics of the surrounding neighborhood. Through this proposal, the existing property will be transformed from an underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code and General Plan requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. Additionally, the City will be able to meet the General Plan goals as listed above, and the requirements of Development Code Chapter 19.19B (Adaptive Reuse Overlay). California Environmental Quality Act (CEQA) The Planning Division conducted an environmental evaluation in connection with the proposed project and concluded that Development Permit Type-P 18-01 is found exempt under Section 15332 (Infill Development Projects) of CEQA. Section 15332 covers projects characterized as small developments surrounded by urban uses meeting the conditions contained within Section 15332. Development Permit Type-P 18- 01 has been found to be Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines due to the fact that: a) the project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations; b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the project site has no value as habitat for endangered, rare or threatened species; d) approval of the project would not result in any significant effects 12/13/2018 3:21 PM 27.a Packet Pg. 706 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive of relating to traffic, noise, air quality, or water quality; and, e) the site can be served by all required utilities and public services (Attachment 4). 2018-2019 Goals and Objectives The proposed Arrowhead Avenue Adaptive Reuse project aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. The proposed fifteen (15) unit apartment complex will help the City meet its State mandated housing requirements, will be consistent with the surrounding multi-family and single- family residential uses, and provides for market rate housing stock that is affordable and currently underserved, specifically housing for single individuals, married couples, young families, and retired individuals who are no longer raising a family. Fiscal Impacts A Pro Forma analysis was prepared by the applicant for the proposed project, pursuant to the requirements of the Adaptive Reuse Overlay. Approximately $1.2 million dollars will be invested for property upgrades and the improvements necessary to convert the fifteen (15) office units into fifteen (15) residential units. The subject property has languished from lack of use for at least the past fifteen (15) years in that only nine (9) of the existing fifteen (15) office units have had an active Business License within that timeframe. Of those Business Licenses, only two have been active for more than one year, and as Business Licenses are issued for a one year period, it is difficult to determine whether those businesses were ever operational. At this time, there is only one active Business License which has been active since 2016. However, this business has not actually operated since it was purchased in October 2017. Development impact fees associated with the project will be approximately $120,000. City services will be provided to this project similar to other multi-family residential projects in the City and surrounding area. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2018-261, approving Development Permit Type-P 18-01 to allow the conversion of an existing two- story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145- 132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and finding the project subject to a Categorical Exempt under the California Environmental Quality Act. Attachments Attachment 1 Resolution Attachment 2 Planning Commission Resolution No. 2018-027 Attachment 3 Planning Commission Staff Report dated June 12, 2018 Attachment 4 CEQA Exemption Analysis 12/13/2018 3:21 PM 27.a Packet Pg. 707 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Resolution No. 2018-261 RESOLUTION NO. 2018-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT PERMIT TYPE -P 18 -01 TO ALLOW THE CONVERSION OF AN EXISTING COMMERCIAL OFFICE BUILDING CONTAINING APPROXIMATELY 11,305 SQUARE FEET INTO A RESIDENTIAL APARTMENT COMPLEX COMPRISED OF FIFTEEN (15) DWELLING UNITS ON A PARCEL CONTAINING APPROXIMATELY 0.52 ACRES LOCATED AT 1600 N. ARROWHEAD AVENUE (APNS: 0145-132-27) WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on January 24, 2018, pursuant to the requirements of Chapter 19.42 and Chapter 19.44 of the City of San Bernardino Development Code, an application for Development Permit Type-P 18-01 was duly submitted by: Property Owner/Applicant: Ocean Investment Group, LLC P.O. Box 1073 San Clemente, CA 92674 Parcel Address: 1600 N. Arrowhead Avenue APN: 0145-132-27 Lot Area: 0.52 acres WHEREAS, Development Permit Type-P 18-01 is a request to allow the conversion of an existing commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.52 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-P 18-01 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department has evaluated Development Permit Type-P 18-01 and determined that it is exempt from CEQA pursuant to a Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that Categorical Exemption is not barred by one of the exemptions set forth in CEQA Guidelines Section 15300.2; and 27.b Packet Pg. 708 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 WHEREAS, on April 25, 2018, pursuant to the requirements of Chapter 19.44 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application, and moved Development Permit Type-P 18-01 and Categorical Exemption to the Planning Commission for consideration; and WHEREAS, on April 27, 2018, pursuant to the requirements Section 19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners within 500 feet of the subject property of the holding of a public hearing at which Development Permit Type-P 18-01 and Categorical Exemption would be considered; and WHEREAS, on May 8, 2018, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 18 -01 and Categorical Exemption, and at which meeting the Planning Commission continued the consideration on Development Permit Type-P 18-01 and the Categorical Exemption to their next regularly scheduled meeting on June 12, 2018; and WHEREAS, on June 12, 2018, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 18 -01 and Categorical Exemption, and at which meeting the Planning Commission considered Development Permit Type-P 18 -01 and Categorical Exemption; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-027 recommending to the Mayor and City Council the approval of Development Permit Type-P 18-01 and Categorical Exemption; and WHEREAS, notice of the December 7, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on December 19, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52. WHEREAS, pursuant to the requirements of Chapter 19.44 and Chapter 19.52 of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Development Permit Type-P 18-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 27.b Packet Pg. 709 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Permit Type-P 18-01 Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Development Code, including prescribed development/site standards and any/all applicable design guidelines. Finding of Fact: The proposed development is located within the Adaptive Reuse (AR) Overlay, which allows for the conversion of office buildings for residential purposes, and Conditions of Approval will be applied to the proposed project to ensure that the project will meet the necessary development standards and design guidelines. Finding No. 2: The proposed development is consistent with the General Plan. Finding of Fact: General Plan Land Use Element Goal 2.4 – “Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.” General Plan Housing Element Policy 3.1.1 – “Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones.” General Plan Housing Element Policy 3.2.4 – “Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties.” General Plan Housing Element Policy 3.5.4 – “Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs.” General Plan Housing Element Policy 3.6.2 – “Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions.” General Plan Community Design Element Policy 5.6.4 – “Provide usable common space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards, balconies, patios, terraces, and enclosed play areas.” General Plan Community Design Element Policy 5.6.5 – “Provide convenient access from multi-family development to nearby commercial centers, schools, and transit stops.” 27.b Packet Pg. 710 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 General Plan Safety Element Policy 10.5.4 – “Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination of waterways.” The proposed project is located near commercial centers, schools, and transit stops, will reduce greenhouse gas emissions associated with new development, will increase the housing stock and provide a an additional housing type, and allow for the revitalization and reuse of a building that has been vacant for approximately five (5) years. Therefore, the proposed project is consistent with the General plan. Finding No. 3: The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property. Finding of Fact: The proposed project is located within a mix of existing multi-family and single-family developments and will be harmonious and compatible with those uses and the surrounding area. Finding No. 4: The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact: In accordance with Section 15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Development Permit Type-P 18-01 for the conversion of an existing office building to a fifteen (15) unit apartment complex. The Planning Division staff has analyzed proposed Development Permit Type-P 18-01 and has determined that it is Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines and Conditions of Approval will be imposed to alleviate potential impacts. Therefore, the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030 of the Development Code. Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with Section 15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Development Permit Type-P 18-01 for the development of a conversion of an existing office building to a fifteen (15) unit apartment complex and determined that the proposed project is 27.b Packet Pg. 711 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Additionally, Conditions of Approval will be imposed to alleviate potential impacts. Therefore, the proposed conversion of an existing office building to a fifteen (15) unit apartment complex will be completed in a manner so that it is consistent with the surrounding neighborhood, and no significant negative impacts on the environment are anticipated. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed development of a conversion of an existing office building to a fifteen (15) unit apartment complex will be converted in a manner consistent with the standards and guidelines contained in the Adaptive Reuse (AR) Overlay Chapter of the City of San Bernardino Development Code and will be consistent with the density and intensity and the surrounding neighborhood and is therefore, suitable for the type and density/intensity of uses being proposed. Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed development of a mixed use commercial- residential development. The existing building is already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed conversion of an existing office building to a fifteen (15) unit apartment complex under Development Permit Type-P 18-01 will not be detrimental to public services or public health and safety. Finding No. 8: The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City or the surrounding area as it is located adjacent to mix of existing multi-family and single-family developments, several schools, transit stops, and commercial centers, and will increase the City’s housing stock while decreasing the amount of greenhouse gas emissions that would typically be generated by new development projects. The proposed project will also revitalize and reoccupy a building that has been vacant for approximately five (5) years. 27.b Packet Pg. 712 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 SECTION 3. Compliance with the California Environmental Quality Act. As the decision making body for Development Permit Type-D 18-01, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Permit Type-D 18-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and (2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines; and (3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. SECTION 4. Notice of Exemption. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 5. – Conditions of Approval. Development Permit Type-P 18-01 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the conversion of an existing commercial office building into a residential apartment complex containing approximately 11,305 square feet comprised of fifteen (15) dwelling units, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APNs: 0145-132-27) within the Commercial Office (CO) Zone and the Adaptive Reuse (AR) Overlay. 2. The project site shall be developed in a manner consistent with the plans stamped September 19, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plans and exterior elevations on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary 27.b Packet Pg. 713 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: December 19, 2020 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 6. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the property to ensure compliance with the Conditions of Approval and the Crime-Free Rental Housing Program to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. 7. The property must comply with all conditions of approval and the Crime-Free Rental Housing Program pursuant to the City of San Bernardino Municipal Code §15.27 (Crime- Free Rental Housing Program). 8. At least two 24-hour time lapse security cameras shall be installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the Police Department. 27.b Packet Pg. 714 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 10. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 11. The project landscape plans shall be prepared in accordance with Development Code Section 19.28.120, Water Efficient Landscaping Standards. 12. The project shall comply with all applicable requirements of the Building and Safety Division, the San Bernardino County Consolidated Fire District, Police Department, Municipal Water Department, Public Services Department and the City Clerk’s Office/Business Registration Division. 13. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. 14. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 15. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 16. All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 18. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Land Development Division 19. Drainage and Flood Control 27.b Packet Pg. 715 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 a) The development is located within Zone X of the Federal Insurance Rate Maps on booklet #7945 with year 08/28/2008. b) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. c) If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. d) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 20. Grading and Landscaping e) The on-site improvement plan shall be signed by a Registered Civil Engineer. The on-site plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. f) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. h) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel with modification to provide ADA access (For Housing Unit or Apt). The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. i) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security 27.b Packet Pg. 716 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. k) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. l) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. m) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. n) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement or pavement marking. o) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. p) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. 21. Utilities q) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). r) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. s) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. t) Utility services shall be placed underground and easements provided as required. 27.b Packet Pg. 717 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 u) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). Public Works Department 22. Street Improvement and Dedications (if required, a Traffic Report may increase and extend these requirements) v) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Arrowhead Avenue (145-132-27) 41.25 Existing (2.75’ Future dedication for a 44’ from centerline) Because of existing fences. 33’ Existing at ultimate 16th Street (145-132-27) 40’ No Dedication at ultimate 25’ Existing at ultimate w) Arrowhead Avenue: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The Alley shall be paved from Arrowhead Avenue to west end of parking lot, and shall be designed on the “R” value of the subgrade as determined by soils testing and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. iii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the site are in poor condition or do not comply with ADA Requirements, the curb & gutter, sidewalk, and/or driveway shall be removed and reconstructed in accordance to City Standards. iv) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88. v) Street Light System shall be replaced in accordance with City Standard Nos. SL-1, SL-2, and SL-3. (change to LED Head) x) 16th Street: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The 27.b Packet Pg. 718 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the site are in poor condition or do not comply with ADA Requirements, the curb & gutter, sidewalk, and/or driveway shall be removed and reconstructed in accordance to City Standards. y) An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. z) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. aa) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. 23. Required Engineering Plans bb) A complete submittal for plan checking shall consist of: street improvement plans (may include street lights or street lighting may be separate plan), sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to SBMWD), storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), traffic signal plans (if needed), signing and striping plan (may be on sheets included in street improvement plan), lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) cc) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. Conditions of the project shall be inserted in the plans. dd) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. 27.b Packet Pg. 719 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 ee) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org 24. Required Engineering Permits ff) Grading permit. gg) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. hh) Off-site improvement construction permit. 25. Applicable Engineering Fees ii) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. jj) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org 26. Traffic Requirements kk) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. Building and Safety Division 27. Refer to Section 105 Permits for all required permits of the California Building Code 2016. 28. Address the requirements of the California Green Code 2016 for all debris, and check the VOC forms per code. 29. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 30. The formal submittal of plans to the Building Department shall include all required documents. 31. Building plans shall be submitted separately to the Building & Safety Division, and the San Bernardino County Consolidated Fire District. Plans must illustrate the location of all existing hydrants. 32. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements. 33. A Soil Report will be requested at the time of submittal. 27.b Packet Pg. 720 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 San Bernardino County Consolidated Fire District 34. The plans shall comply with all current Building, Fire Codes and Fire Department standard requirements based on occupancy classification. 35. Any changes to this proposal shall require new Fire Department condition letter. 36. Any changes to the approved life safety system shall require plans to be submitted to the FD prior to construction including the following; (Fire Sprinklers, Fire Alarms, Underground water supply for fire protection, Cooking appliances & Hood protections). 37. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be submitted to the FD prior to construction. PER CFC 903.2.1.1 38. Knox Box/Key Box is required, and shall be provided and installed in accordance with CFC & Fire Department Standard. 39. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 40. Provide a complete on-site fire protection plan to the FD which indicates the location of all required fire protection appliances (FDC’s, PIV’s, DDC’s, proposed and existing fire hydrants, etc.). 41. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and property. Walk-thru gates will be required on Arrowhead Avenue to ensure Fire Department access if property is fenced. 42. All access gates shall require mechanical means for opening in event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Knox Box lock actuation devices. 43. Provide the following FD notes on the site utility plan: • A separate permit is required by the Fire Department for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. • Paint curbs red, 15’ to either side of fire hydrant and FDC. • Fire Department Connection required within 50 feet of a hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 27.b Packet Pg. 721 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 44. Premise and building identification and addressing shall be a minimum of 12 inch in height. Single-family home addresses shall be a minimum of 4 inches in height and shall be internally illuminated during the hours of darkness. 45. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered buildings requires a separate submittal to the San Bernardino County Consolidated Fire District. 46. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing and size. 47. All exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 27.b Packet Pg. 722 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Resolution No. 2018-261 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. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ 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 27.b Packet Pg. 723 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueT-1NOTE:CONSTRUCTION FOR WORK FOR WHICH A PERMIT ISREQUIRED SHALL BE SUBJECT TO INSPECTION BY THEBUILDING OFFICIAL AND SUCH CONSTRUCTION OR WORKSHALL REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTIONPURPOSES UNTIL APPROVED. APPROVAL AS A RESULT OF ANINSPECTION SHALL NOT BE CONSTRUED TO BE AN APPROVALOF A VIOLATION OF THE PROVISIONS OF THE JURISDICTIONCODE OR OF OTHER ORDINANCES OF THE JURISDICTION.INSPECTIONS PRESUMING TO GIVE AUTHORITY TO VIOLATEOR CANCEL THE PROVISIONS OF THE JURISDICTION CODE OROF OTHER ORDINANCES OF THE JURISDICTION SHALL NOT BEVALID. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TOCAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSEDFOR INSPECTION PURPOSES. NEITHER THE BUILDINGOFFICIAL NOR THE JURISDICTION SHALL BE LIABLE FOREXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OFANY MATERIAL REQUIRED TO ALLOW INSPECTIONS.27.cPacket Pg. 724Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse) EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueA-127.cPacket Pg. 725Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse) EW-Webb Engineering Inc. 1299 Columbia Ave. Ste. E-7 Riverside CA 92507 (951) 788-2050 - fax (951) 788-2075 ew-webb.com John Reed Apartment Building San Bernardino, CA 92405 1600 North Arrowhead AvenueA-227.cPacket Pg. 726Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse) 27.c Packet Pg. 727 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 728 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 729 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 730 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 731 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 732 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 733 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 734 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 735 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 736 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 737 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 738 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 739 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 740 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 741 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 742 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 743 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 744 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 745 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 746 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 747 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 748 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 749 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 750 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.d Packet Pg. 751 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5884 : Development Permit Type-P 18-01 – Arrowhead 27.e Packet Pg. 752 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 753 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 754 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 755 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 756 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 757 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 758 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 759 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 760 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 761 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 762 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 763 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 764 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 765 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 766 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 767 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 768 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 769 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 770 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 771 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 772 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 773 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 774 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 775 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 776 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 777 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 778 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 779 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 780 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 781 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 782 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 783 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 784 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 785 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.e Packet Pg. 786 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A3.PC Report (5884 : Development Permit Type-P 18-01 – Arrowhead Avenue 27.f Packet Pg. 787 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 788 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 789 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 790 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 791 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 792 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 793 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 794 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 795 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 796 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 – 27.f Packet Pg. 797 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5884 : Development Permit Type-P 18-01 –