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HomeMy WebLinkAbout01-16-2019 Agenda BackupCITY 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, JANUARY 16, 2019 4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION COUNCIL CHAMBER • 201 NORTH E STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia James Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Andrea M. Miller COUNCIL MEMBER, W ARD 2 CITY MANAGER Vacant 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. Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/11/2019 o Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Council Member, Ward 3 Vacant    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 John Valdivia    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Andrea M. Miller    CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: i. Property Address: 480 and 478 N. “D” Street – APNs 0134-141- 28 and 0134-141-29 Agency Negotiator: Andrea Miller, City Manager Negotiator: Inland Maple Partners, LLC Under Negotiation: Price and Terms of Purchase ii. Property Address: An approximately 18 acre vacant site consisting of 74 parcel located at the southwest corner of East Highland and Arden Avenues – APNs 11-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32 Agency Negotiator: Steven Duckett, Managing Director, Urban Futures, Inc. Negotiating Parties: Mark Development, Inc. Under Negotiation: Price and Terms of Payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): City Manager Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/11/2019 INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Appointment to Various Regional Boards Recommendation: 1. Approve the appointment of Council Member Theodore Sanchez to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Henry Nickel as an alternate. 2. Approve the appointment of Council Members Theodore Sanchez and Bessine Richard to the Inland Valley Development Agency, as voting members, and Council Member Sandra Ibarra as an alternate. 3. Approve the appointment of Council Member Henry Nickel to the San Bernardino County Transportation Authority as an alternate. 4. Approve the appointment of Council Mem bers Bessine Richard and Sandra Ibarra to the San Bernardino Regional Water Resources Authority, as voting members. 5. Approve the appointment of Council Member Theodore Sanchez to the Omnitrans Board of Directors, as an alternate. PRESENTATIONS 2. Issuance of a Proclamations: Proclaim the Month of January 2019 as National Mentoring Month in the City of San Bernardino – San Bernardino County Children’s Network. Proclaim the Week of January 20-26, 2019 as National School Choice Week (NSCW) in the City of San Bernardino. 3. Youth Recognition – Raymond Reiter, Cajon High School – Council Member Nickel 4. Chamber of Commerce & Local Elected Officials Announcements Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/11/2019 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 5. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated January 16, 2019. 6. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for December 2018. 7. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meetings of December 19, 2018 and January 2, 2019 and Special Meetings of December 21, 2018 (2) and January 10, 2019. 8. Amendment of Adopted FY 2018/19 Budget to Increase Police Personnel and Authorization of Agreement with Dignity Health Recommendation: Adopt Resolution No. 2019-8 of the Mayor and City Council of the City of San Bernardino, California, amending the Adopted FY 2018/19 Budget to increase police personnel and for the budget transfers as detailed in the staff report, and authorizing the City Manager to execute an agreement between Dignity Health for police services at two locations. Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/11/2019 9. Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant Recommendation: Authorize the City Manager to accept and administer the FY 2017 Urban Areas Security Initiative Grant in the amount of $375,000. 10. First Amendment to the Spicer Consulting Group Agreement Recommendation: Adopt Resolution No. 2019-9 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the First Amendment to the Consultant Services Agreement with Spicer Consulting Group (SCG) for as-needed consulting services related to Maintenance District Administration and formation/annexation of Community Facilities Districts and Assessment Districts. 11. Award of Construction Contract for Bridge Railing Repair at Various Locations to Peterson-Chase Engineering Construction, Inc. Recommendation: Adopt Resolution No. 2019-10 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Peterson-Chase General Engineering Construction Inc. in the amount of $92,744 for bridge railing repair at various locations; authorizing the City Manager to execute the construction contingency in the amount of $9,256; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 12. Approve Final Tract Map 18895 Secured Income Group, Incorporated Recommendation: Adopt Resolution No. 2019-11 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 18895 (Subdivision 18-12) involving the subdivision of a property comprised of four (4) parcels containing approximately 3.0 acres into twelve (12) single-family residential lots located on the northeast corner of W. Mill Street and S. Macy Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/11/2019 13. Comprehensive General Plan Update Recommendation: Authorize staff to issue a Request for Proposal (RFP) to begin the planning process to complete a comprehensive General Plan (GP) Update. 14. Consultant Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. Recommendation: Adopt Resolution No. 2019-12 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager, or designee, to execute a three-year Consultant Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. for an amount not to exceed $160,000; upon completion of the initial contract term, to extend the contract for two additional one-year terms as needed, but not to exceed $45,000 per year; and authorize the Finance Director, or designee, to amend the FY 2018/19 Budget pursuant to the approved Consultant Services Agreement. 15. Recognized Obligation Payment Schedule 19-20 A & B Recommendation: Approve Recognized Obligation Payment Schedule 19-20 A and B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. 16. October 2018 and November 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November 2018. STAFF REPORTS 17. Animal Control Commission and Animal Control Program Update Recommendation: Receive a report from the Animal Control Commission regarding capital improvement funding sources; and an update regarding the Animal Control program. Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/11/2019 18. Support Staffing for the City’s Legislative Branch – Offices of the Mayor and City Council Recommendation: Review, discuss, consider, and provide direction regarding staffing options to meet the operational needs identified by the Mayor and City Council to support the City’s legislative function. 19. Communications Update Recommendation: Review and discuss the City’s agreement with Westbound Communications and receive an oral report on services provided and status of projects. PUBLIC HEARINGS 20. Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program – General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 – 5Xpress Car Wash Recommendation: 1. Adopt Resolution No. 2019-14 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 18-02 to change the General Plan Land Use Designation from Multi-Family Residential to Commercial of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres; 2. Introduce for first reading, Ordinance No. MC- 1513 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 18-03 to change the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres; Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/11/2019 3. Adopt Resolution No. 2019-15 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 18- 03 to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels (APN(S): 0821-131-28, 29, 30, and 50) containing a total of approximately 1.32 acres located at 1659 S. Tippecanoe Avenue; and 4. Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on February 6, 2019. 21. Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1511 amending Section 2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code relating to Meetings; and review, discuss, and provide direction based on the findings of City Council Chamber relocation options Recommendation: Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1511 amending Section 2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code relating to Meetings; and review, discuss, and provide direction based on the findings of City Council Chamber relocation options. 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, February 6, 2019 in the Council Chamber l ocated 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. Regular Meeting Agenda January 16, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/11/2019 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 January 16, 2019 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 at 2 01 North “E” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, January 11, 2019. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, MMC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or comm ittee 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. Appointment City of San Bernardino Request for Council Action Date: January 16, 2019 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: Appointment to Various Regional Boards Recommendation 1. Approve the appointment of Council Member Theodore Sanchez to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Henry Nickel as an alternate. 2. Approve the appointment of Council Members Theodore Sanchez and Bessine Richard to the Inland Valley Development Agency, as voting members, and Council Member Sandra Ibarra as an alternate. 3. Approve the appointment of Council Member Henry Nickel to the San Bernardino County Transportation Authority as an alternate. 4. Approve the appointment of Council Members Bessine Richard and Sandra Ibarra to the San Bernardino Regional Water Resources Authority, as voting members. 5. Approve the appointment of Council Member Theodore Sanchez to the Omnitrans Board of Directors, as an alternate. Background The City of San Bernardino is a part of multiple joint powers of authority to facilitate matters pertaining to transportation, water, and redevelopment in the region. Each of the boards allots to the City a designated number of representatives, chosen by the legislative body of the City. Discussion The Mayor of San Bernardino traditionally sits on the board, and appoints the Council Members who will serve in the other seats. The Mayor will fill the seats vacated by former Council Members, as well as appoint new Council Members to replace those who have served previously. Mayor, City Council and City Manager Goals and Objectives The proposed commission appointment aligns with Goal Number 7: Pursue City Goals and Objectives by Working With Other Agencies, by placing representatives of San Bernardino in regional roles, where their votes may impact the community. Page 1 of 2 1.a Packet Pg. 10 Attachment: MCC.Regional Board Appointment (5909 : Appointment to Various Regional Boards) Conclusion 1. Approve the appointment of Council Member Theodore Sanchez to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Henry Nickel as an alternate. 2. Approve the appointment of Council Members Theodore Sanchez, Bessine Richard to the Inland Valley Development Agency, as voting members, and Council Member Sandra Ibarra as an alternate. 3. Approve the appointment of Council Member Henry Nickel to the San Bernardino County Transportation Authority as an alternate. 4. Approve the appointment of Council Members Bessine Richard and Sandra Ibarra to the San Bernardino Regional Water Resources Authority, as voting members. 5. Approve the appointment of Council Member Theodore Sanchez to the Omnitrans Board of Directors, as an alternate. Fiscal Impact None Attachments 1. Appointment of Council Members Sanchez and Nickel to SBIAA 2. Appointment of Council Members Sanchez, Richard and Ibarra to IVDA 3. Appointment of Council Member Nickel to SBCTA 4. Appointment of Council Members Richard and Ibarra to SBRWRA 5. Appointment of Council Member Sanchez to OmniTrans Page 2 of 2 1.a Packet Pg. 11 Attachment: MCC.Regional Board Appointment (5909 : Appointment to Various Regional Boards) 1.b Packet Pg. 12 Attachment: MCC Regional Board Appt. Attachment 1 - SBIAA (5909 : Appointment to Various Regional Boards) 1.c Packet Pg. 13 Attachment: MCC Regional Board Appt. Attachment 2 - IVDA (5909 : Appointment to Various Regional Boards) 1.d Packet Pg. 14 Attachment: MCC Regional Board Appt. Attachment 3 - SBCTA (5909 : Appointment to Various Regional Boards) 1.e Packet Pg. 15 Attachment: MCC Regional Board Appt. Attachment 4 - SBRWRA (5909 : Appointment to Various Regional Boards) 1.f Packet Pg. 16 Attachment: MCC Regional Board Appt. Attachment 5 - Omnitrans (5909 : Appointment to Various Regional Boards) Consent Calendar City of San Bernardino Request for Council Action \ Date: January 16, 2019 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 January 16, 2019. 5.a Packet Pg. 17 Attachment: Waive Reading.Report_Jan 16 (5910 : Waive Full Reading of Resolutions and Ordinances) 6.a Packet Pg. 18 Attachment: FN.Commercial Checks and Payroll Report Jan 16 2019 (5911 : City Council Approval of Commercial and Payroll Checks) 2018-2019 Goals and Objectives Approval of the noted check registers for commercial and payroll checks align with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and City Council’s approval of the City’s weekly remittances to third parties promotes transparency of City business with the public. Fiscal Impact Amounts noted in the check registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the attached check registers be approved by the Mayor and City Council. Attachments Attachment 1 – Commercial checks for Register #33 Attachment 2 – Commercial checks for Register #34 Attachment 3– Payroll checks for December, 2018 Ward: Synopsis of Previous Council Actions: 6.a Packet Pg. 19 Attachment: FN.Commercial Checks and Payroll Report Jan 16 2019 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 20Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 21Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 22Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 23Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 24Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 25Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 26Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 27Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 28Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 29Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 30Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 31Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 32Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 33Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 34Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 35Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 36Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 37Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 38Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 39Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 40Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.bPacket Pg. 41Attachment: FN.Commercial Checks and Payroll. Register #33 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 42Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 43Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 44Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 45Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 46Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 47Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 48Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 49Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 50Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.cPacket Pg. 51Attachment: FN.Commercial Checks and Payroll. Register #34 (5911 : City Council Approval of Commercial and Payroll Checks) 6.d Packet Pg. 52 Attachment: FN.Commercial Checks and Payroll Summary Report BW-25 (5911 : City Council Approval of Commercial and Payroll Checks) Consent Calendar City of San Bernardino Request for Council Action \ Date: January 16, 2019 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 December 19, 2018 and January 2, 2019 and Special Meetings of December 21, 2018 (2) and January 10, 2019. 7.a Packet Pg. 53 Attachment: Minutes_Jan 16 (5912 : 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 1/2/2019 DRAFT MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO WEDNESDAY, DECEMBER 19, 2018 STURGES AUDITORIUM The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Davis at 5:07 PM, Wednesday, December 19, 2018, in the Auditorium at Sturges Center, 780 North E Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 5:00 PM Benito Barrios Council Member, Ward 2 Present 5:25 PM John Valdivia Council Member, Ward 3 Present 5:00 PM Fred Shorett Council Member, Ward 4 Present 5:00 PM Henry Nickel Council Member, Ward 5 Present 5:00 PM Bessine L. Richard Council Member, Ward 6 Present 5:00 PM James Mulvihill Council Member, Ward 7 Present 5:00 PM Georgeann "Gigi" Hanna City Clerk Present 5:00 PM Gary D. Saenz City Attorney Present 5:00 PM Andrea Miller City Manager Present 5:00 PM Invocation and Pledge of Allegiance Domenick Rodriguez, fifth grade student from Norton Space Academy led the Pledge of Allegiance. Don Roth from the Rock Church led the invocation. Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 7.b Packet Pg. 54 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/2/2019 Canvass of Election 1. Certification of Election Results Approved Motion: Adopt the resolution. Reso. 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. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 2. Installation of Mayor and New Council Members Clerk Hanna administered the Oath of Office to Theodor Sanchez, Council Member, W ard 1. Gil Navarro administered the Oath of Office to Sandra Ibarra, Council Member, Ward 2. Retired Judge Patrick Morris administered the Oath of Office to Fred Shorett, Council Member, Ward 4. Judge John M. Pacheco administered the Oath of Office to John Valdivia, Mayor. Updated Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:40 PM Sandra Ibarra Council Member, Ward 2 Present 5:40 PM Fred Shorett Council Member, Ward 4 Present 5:00 PM Henry Nickel Council Member, Ward 5 Present 5:00 PM Bessine L. Richard Council Member, Ward 6 Present 5:00 PM James Mulvihill Council Member, Ward 7 Present 5:00 PM John Valdivia Mayor Present 5:00 PM Georgeann "Gigi" Hanna City Clerk Present 5:00 PM Gary D. Saenz City Attorney Present 5:00 PM Andrea Miller City Manager Present 5:00 PM The Mayor and City Council took a break for refreshments from 5:44 p.m. to 6:30 p.m. 7.b Packet Pg. 55 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/2/2019 3. Election of Mayor Pro Tempore Approved Motion: Elect Bessine Richard to serve as Mayor Pro Tempore until the second regularly scheduled City Council meeting in December 2019. RESULT: ADOPTED [5 TO 1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill NAYS: Fred Shorett Presentations 4. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced that the Chamber of Commerce would reopen for regular business on January 2, 2019. Gary Young, from West Valley Water District, provided certificates of recognition to the mayor and new co uncil members. Assemblywoman Eloise Reyes’ office also provided certificates of recognition for the new council and Mayor. Public Comments for Items Listed and Not Listed on the Agenda Greg and Angie, of San Bernardino, spoke about their experiences working with homeless in San Bernardino and the $100,000 lien they currently have on their property. Patricia Sacks, San Berardnino, spoke about musical programs for senior citizens. Robert Porter, San Bernardino, said he is happy that cannabis has been brought to the forefront. He also thanked outgoing council members. Karmel Roe, San Bernardino, congratulated the new council members and mayor. Luis Ojeda, San Bernardino, spoke abut his group “We are the Change” and in support of item 25 on the agenda Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 5 through 24 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 12 was pulled by Council Members Ibarra and Sanchez. Item 16 and 17 were also pulled by Council Member Sanchez. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 56 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/2/2019 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated December 19, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for November 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7. City Council Approval of Draft Minutes Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 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 Approved Motion: Adopt the resolution. Reso. 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 7.b Packet Pg. 57 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/2/2019 3 Locations (SS17-001) and amending the FY 2018/19 Adopted Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. Adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for “H” Street Widening from Kendall Drive to 40Th Street Approved Motion: Adopt the resolution. Reso. 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). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 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 Approved Motion: Adopt the resolution. Reso. 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). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 58 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/2/2019 11. Second Amendment of the Professional Services Agreement with the State of California, Office of Administrative Hearings for Hearing Officer Services Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services for Code Enforcement and Prosecution Services Speaker Karmel Roe Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED [4 TO 2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Theodore Sanchez, Sandra Ibarra, Henry Nickel, Bessine L. Richard NAYS: Fred Shorett, James Mulvihill 13. Amended and Restated Professional Services Agreement with Cole Huber, LLC to Provide Legal Services Relating to Various Litigation Matters Speaker Karmel Roe Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 59 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/2/2019 14. Adopt a Resolution Establishing All-Way STOP Control at the Intersection of Northpark Boulevard and Ash Street Approved Motion: Adopt the resolution. Reso. 2018-318 Resolution 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 15. Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue Approved Motion: Adopt the resolution. Reso. 2018-319 Resolution 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). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 60 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/2/2019 16. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to Provide Construction Inspector Services Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED [4-2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Nickel, Richard NOES: Shorett, Mulvihill 17. Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Goltsman, Inc. for Signage Regulations Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED [4-2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Nickel, Richard NOES: Shorett, Mulvihill 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 Approved Motion: Adopt the ordinance. MC-1510 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 61 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/2/2019 19. October 2018 City Board, Commission, and Citizen Advisory Committee Agendas and Minutes Approved Motion: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings that took place in October 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 20. Property Exchange Agreement Between the City and ACAA LP Approved Motion: Adopt the resolution. Reso. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 21. Finance Department Reorganization Approved Motion: Adopt the resolution. Reso. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 62 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/2/2019 22. State Library Internet Grant Funding Appropriation Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 23. Side Letter Agreement to the Memorandum of Understanding (MOU) Between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA) Approved Motion: Adopt the resolution. Reso. 2018-287 Resolution 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 63 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 1/2/2019 24. Maddy Act (Local Appointments List) Approved Motion: Adopt the resolution. Reso. 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 th e City’s Internet website. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Staff Reports 25. SB/Breezeway Arts Block - Creative Placemaking Grant Speakers Luis Ojeda Andres Garcia Nick Cataldo Dorothy Garcia David Friedman Ana Cervantes Andrew Thompson Samiyyah Thomas Robert Jacka Jorge Heredia Approved Motion: 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; and 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.b Packet Pg. 64 Attachment: 12-19-18_Jtreg_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Regular Meeting DRAFT Minutes December 19, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 1/2/2019 26. Special Municipal Election 2019 No action was taken on this item. Public Hearing 27. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse Mayor Valdivia opened the public hearing and Clerk Hanna swore in those to speak on the item. Community Development employee Chantal Powers spoke about the project and City Manager Miller said that previous CEQA questions had been addressed . Speakers John Matley, opposed Jeff Howlie, applicant Approved Motion: Adopt the resolution adding an on-site manager as condition of approval. Reso. 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 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. Adjournment The meeting adjourned at 9:04 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 4:00 p.m., Wednesday, January 2, 2019, in the Council Chamber at 201 North “E” Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, MMC City Clerk 7.b Packet Pg. 65 Attachment: 12-19-18_Jtreg_gh_draft (5912 : 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 1/2/2019 DRAFT MINUTES JOINT SPECIAL MEETING MAYOR AND CITY COUNCIL FRIDAY, DECEMBER 21, 2018 COUNCIL CHAMBER The Joint Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor Valdivia at 6:01 PM, Friday, December 21, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 6:00 PM Sandra Ibarra Council Member, Ward 2 Present 6:00 PM Fred Shorett Council Member, Ward 4 Present 6:00 PM Henry Nickel Council Member, Ward 5 Present 6:00 PM Bessine L. Richard Council Member, Ward 6 Present 6:00 PM James Mulvihill Council Member, Ward 7 Present 6:00 PM John Valdivia Mayor Present 6:00 PM Georgeann "Gigi" Hanna City Clerk Present 6:00 PM Gary D. Saenz City Attorney Present 6:00 PM Andrea Miller City Manager Present 6:00 PM Public Comments for Items Listed on the Agenda Andrea Neyses Kthi Rainbolt Harry Hatch Mike Hartley Robert Porter Johnetta Davis Shirley Harlan Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra VACANT, third ward Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 7.c Packet Pg. 66 Attachment: 12-21-18_JtSpec_2_gh_draft (5912 : City Council Approval of Draft Minutes) Joint Special Meeting DRAFT Minutes December 21, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/2/2019 Carey Davis Patrick Morris Deanie Gallaher Scott Olson Barbara Babcock Paul Sanborn Sandra Owen-Olivas Linda Hart Karina Cornejo Esmerelda Negrete RECESS TO CLOSED SESSION Pursuant to Government Code § 54957. Closed sessions; personnel matters; exclusion of witnesses Discuss and take action on termination of Employment Agreement with the City Manager Andrea M. Miller without cause. Closed Session Report Assistant City Attorney Thomas Rice stated there was no reportable action regarding the actions at Closed Session. Adjournment The meeting adjourned at 7:42 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 4:00 p.m., Wednesday, January 2, 2019, in the Council Chamber 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. 67 Attachment: 12-21-18_JtSpec_2_gh_draft (5912 : 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 1/9/2019 DRAFT MINUTES FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 2, 2019 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor John Valdivia at 4:00 PM, Wednesday, January 2, 2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 4:00 PM Sandra Ibarra Council Member, Ward 2 Present 4:00 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Late 4:13 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM John Valdivia Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 3:12 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Sonia Carvalho Senior Assistant City Attorney Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra VACANT – third ward Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 7.d Packet Pg. 68 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/9/2019 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)): i. In re: Golden State Environmental Justice Alliance v. San Bernardino Municipal Water Department; Case No. CIVDS1706176. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): Speakers Karmel Roe Deanie Gallaher Esmerelda Negrete R. Carey Davis Paul Sanborn City Manager INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Gerald Thompson of San Bernardino Seventh Day Adventist church. The Pledge of Allegiance was led by Amaliya Ojo, grand-daughter of San Bernardino Police Department employee Kathryn “Katie” Thompson. CLOSED SESSION REPORT City Attorney Gary Saenz reported that in the matter of Golden State Environmental Justice Alliance v. San Bernardino Municipal Water Department (Case No. CIVDS1706176), the council provided settlement directive via consensus. In the matter of Item B – Public Employee Performance Evaluation – City Manager – Saenz reported that the Mayor and City Council would return to Closed Session to deliberate after the conclusion of Open Session. The matter was later continued to January 16. PRESENTATIONS 1. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens provided an update of Chamber activities. APPOINTMENTS 2. Animal Control Commission Appointment Approved Motion: Appoint Mr. Gary M. Blake to the Animal Control Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 69 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/9/2019 3. Arts and Historical Preservation Commission Appointment Approved Motion: Appoint Ms. Darlene M. Herrera to the Arts and Historical Preservation Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 4. Charter Review Commission Appointment Approved Motion: Appoint Ms. Susan Green-Dantzler to the Charter Review Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 5. Planning Commission Re-Appointment Approved Motion: Re-appoint Ms. Amelia S. Lopez to the Planning Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 6. Public Safety and Human Relations Commission Appointment Approved Motion: Appoint Mr. Sean E. Kelley to the Public Safety and Human Relations Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 70 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/9/2019 Public Comments for Items LISTED AND Not Listed on the Agenda Gloria Amaya, San Bernardino, spoke about child support and other services needed for those previously incarcerated re-entering society. She said her church is building a community center for children on North G street. Edward Woolbert, San Bernardino, spoke about bankruptcy recovery and quality of life. He asked that voters be given a chance to digest the changes being prop osed. Kristine Scott, public affairs manager for Southern California Gas Co., spoke about the benefits and uses of natural gas. Margaret Hill, San Bernardino, spoke about the Service Council of San Bernardino meeting, which meets on the fourth Thursday of the month in the Mayor’s conference room and does service projects in the city. Luis Ojeda, San Bernardino, spoke about the need for lights and cameras in the city to discourage illegal dumping. Janine Nielsen, Redlands, spoke about Daisy’s Hope Foundation and invited the MCC to the ribbon cutting at the new Pet Resource Center at Third and Del Rosa on January 26. Jennifer Rosengard, Upland, president of Daisy’s Hope Foundation, said they provide subsidized spay and neuter resources and other services, such as vaccinations and microchip clinics, to encourage long-term pet ownership. She recounted what the group had done in the city in the past year and what it expects to do in 201 9. John Shollenberger, San Bernardino, thank City Manager Andrea Miller and Public Works director Trish Rhay for being responsive to residents’ requests for help. Robert Porter, San Bernardino, said it was refreshing to see a new council at the dais. And said that Fred Shorett had inspired him to become involved with city council issues. Jim Penman, San Bernardino, spoke about cannabis consultant HdL. Greg Redd, San Bernardino, spoke about a settlement document he wanted the Mayor to sign. Barbara Babcock, San Bernardino, spoke about a program in the community in February and also about King Kebab, a restaurant on Court Street. Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 7 through 16 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 8 was pulled by Council Members Sanchez and Ibarra; Items 11, 12 and 14 were pulled by Council Member Ibarra, and Item 15 was pulled by Council Members Sanchez and Ibarra for further discussion. The remaining items received the following vote: RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 71 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/9/2019 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated January 2, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Speaker Jim Penman Approved Motion: Approve the commercial and payroll checks for December 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of November 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 10. Resolution to Approve City Investment Policy for FY 2018/19 Approved Motion: Adopt the resolution. Reso-2019-1 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Investment Policy for FY 2018/19. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 72 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/9/2019 11. Property and Asset Exchange Between City Water Department and East Valley Water District Approved Motion: Adopt the resolution. Reso-2019-2 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement between the City, City Water Department, and East Valley Water District (EVWD). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. Sale of Del Rosa Mutual Water Company Shares Speaker Mark Gutglueck Approved Motion: Adopt the resolution. Reso-2019-3 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the sale of the City’s Del Rosa Mutual Water Company shares to the San Manuel Band of Mission Indians. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 13. City Water Efficient Landscape Improvements Plan (Informational Item Only) Approved Motion: Receive and file. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 73 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/9/2019 14. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to Provide Construction Inspector Services Approved Motion: Adopt the resolution. Reso-2019-4 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. RESULT: ADOPTED [5 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill NAYS: Sandra Ibarra 15. First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services for Code Enforcement and Prosecution Services Speaker Jim Penman Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 16. Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman, Inc. for Signage Regulations Approved Motion: Adopt the resolution. Reso-2019-5 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 $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. 7.d Packet Pg. 74 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/9/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 17. Discussion Regarding City Council Meeting Dates, Time, and Place Speakers Karmel Roe Kathy Hartley Margaret Hill No vote was taken on this item, although there was discu ssion about keeping the Mayor and City Council meetings on the first and third Wednesdays of each month, with Closed Session beginning at 5:30 p.m. and Open Session beginning at 7 p.m. The City Manager is to report back at the January 16, 2019 about potential meeting locations. 18. Proposed Staffing Level for the Office of the Mayor Speakers Phil Savage Paul Sanborn Karmel Roe Karina Cornejo Joseph Doyle Cathy Hartley Mike Hartley Dorothy Garcia Harry Hatch R. Carey Davis Johnetta Davis Deanna Adams Jim Penman Luis Ojeda Shirley Harlan Robert Porter Scott Olson Allen Bartlemann Jill Vasilakos-Long Kathleen Rainbolt Approved Motion: Direct the City Manager to report to the Mayor and Council at the next meeting with a structure that meets the desires of the city council members and mayor for support staff regard. 7.d Packet Pg. 75 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/9/2019 RESULT: ADOPTED [5-1] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill NOES: Sanchez 19. Southern California Association of Governments RHNA Update Council Member Mulvihill provided an oral report. No vote was taken on this item. 20. Special Municipal Election 2019 - Vacant Seat in Third Ward Approved Motion: Adopt the resolution. Reso-2019-6 Resolution of the Mayor and City Council of the City of San Bernardino, California, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 21. Communications Update Speakers Karmel Roe R. Carey Davis Johnetta Davis Jim Smith Approved Motion: Continue tem to January 16, 2019 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.d Packet Pg. 76 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/9/2019 PUBLIC HEARING 22. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse Approved Motion: Adopt the resolution. Reso-2019-7 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 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. RESULT: ADOPTED [5 TO 1] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill NAYS: Fred Shorett ADJOURNMENT The meeting adjourned at 11:40 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, January 16, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 7.d Packet Pg. 77 Attachment: 01-02-19_JtReg_gh_draft (5912 : 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 1/9/2019 DRAFT MINUTES FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 2, 2019 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor John Valdivia at 4:00 PM, Wednesday, January 2, 2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 4:00 PM Sandra Ibarra Council Member, Ward 2 Present 4:00 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Late 4:13 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM John Valdivia Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 3:12 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Sonia Carvalho Senior Assistant City Attorney Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra VACANT – third ward Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 7.e Packet Pg. 78 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/9/2019 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)): i. In re: Golden State Environmental Justice Alliance v. San Bernardino Municipal Water Department; Case No. CIVDS1706176. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): Speakers Karmel Roe Deanie Gallaher Esmerelda Negrete R. Carey Davis Paul Sanborn City Manager INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Gerald Thompson of San Bernardino Seventh Day Adventist church. The Pledge of Allegiance was led by Amaliya Ojo, grand-daughter of San Bernardino Police Department employee Kathryn “Katie” Thompson. CLOSED SESSION REPORT City Attorney Gary Saenz reported that in the matter of Golden State Environmental Justice Alliance v. San Bernardino Municipal Water Department (Case No. CIVDS1706176), the council provided settlement directive via consensus. In the matter of Item B – Public Employee Performance Evaluation – City Manager – Saenz reported that the Mayor and City Council would return to Closed Session to deliberate after the conclusion of Open Session. The matter was later continued to January 16. PRESENTATIONS 1. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens provided an update of Chamber activities. APPOINTMENTS 2. Animal Control Commission Appointment Approved Motion: Appoint Mr. Gary M. Blake to the Animal Control Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 79 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/9/2019 3. Arts and Historical Preservation Commission Appointment Approved Motion: Appoint Ms. Darlene M. Herrera to the Arts and Historical Preservation Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 4. Charter Review Commission Appointment Approved Motion: Appoint Ms. Susan Green-Dantzler to the Charter Review Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 5. Planning Commission Re-Appointment Approved Motion: Re-appoint Ms. Amelia S. Lopez to the Planning Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 6. Public Safety and Human Relations Commission Appointment Approved Motion: Appoint Mr. Sean E. Kelley to the Public Safety and Human Relations Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 80 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/9/2019 Public Comments for Items LISTED AND Not Listed on the Agenda Gloria Amaya, San Bernardino, spoke about child support and other services needed for those previously incarcerated re-entering society. She said her church is building a community center for children on North G street. Edward Woolbert, San Bernardino, spoke about bankruptcy recovery and quality of life. He asked that voters be given a chance to digest the changes being prop osed. Kristine Scott, public affairs manager for Southern California Gas Co., spoke about the benefits and uses of natural gas. Margaret Hill, San Bernardino, spoke about the Service Council of San Bernardino meeting, which meets on the fourth Thursday of the month in the Mayor’s conference room and does service projects in the city. Luis Ojeda, San Bernardino, spoke about the need for lights and cameras in the city to discourage illegal dumping. Janine Nielsen, Redlands, spoke about Daisy’s Hope Foundation and invited the MCC to the ribbon cutting at the new Pet Resource Center at Third and Del Rosa on January 26. Jennifer Rosengard, Upland, president of Daisy’s Hope Foundation, said they provide subsidized spay and neuter resources and other services, such as vaccinations and microchip clinics, to encourage long-term pet ownership. She recounted what the group had done in the city in the past year and what it expects to do in 201 9. John Shollenberger, San Bernardino, thank City Manager Andrea Miller and Public Works director Trish Rhay for being responsive to residents’ requests for help. Robert Porter, San Bernardino, said it was refreshing to see a new council at the dais. And said that Fred Shorett had inspired him to become involved with city council issues. Jim Penman, San Bernardino, spoke about cannabis consultant HdL. Greg Redd, San Bernardino, spoke about a settlement document he wanted the Mayor to sign. Barbara Babcock, San Bernardino, spoke about a program in the community in February and also about King Kebab, a restaurant on Court Street. Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 7 through 16 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 8 was pulled by Council Members Sanchez and Ibarra; Items 11, 12 and 14 were pulled by Council Member Ibarra, and Item 15 was pulled by Council Members Sanchez and Ibarra for further discussion. The remaining items received the following vote: RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 81 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/9/2019 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated January 2, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Speaker Jim Penman Approved Motion: Approve the commercial and payroll checks for December 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of November 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 10. Resolution to Approve City Investment Policy for FY 2018/19 Approved Motion: Adopt the resolution. Reso-2019-1 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Investment Policy for FY 2018/19. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 82 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/9/2019 11. Property and Asset Exchange Between City Water Department and East Valley Water District Approved Motion: Adopt the resolution. Reso-2019-2 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement between the City, City Water Department, and East Valley Water District (EVWD). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. Sale of Del Rosa Mutual Water Company Shares Speaker Mark Gutglueck Approved Motion: Adopt the resolution. Reso-2019-3 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the sale of the City’s Del Rosa Mutual Water Company shares to the San Manuel Band of Mission Indians. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 13. City Water Efficient Landscape Improvements Plan (Informational Item Only) Approved Motion: Receive and file. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 83 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/9/2019 14. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to Provide Construction Inspector Services Approved Motion: Adopt the resolution. Reso-2019-4 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. RESULT: ADOPTED [5 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill NAYS: Sandra Ibarra 15. First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services for Code Enforcement and Prosecution Services Speaker Jim Penman Approved Motion: 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 16. Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman, Inc. for Signage Regulations Approved Motion: Adopt the resolution. Reso-2019-5 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 $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. 7.e Packet Pg. 84 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/9/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 17. Discussion Regarding City Council Meeting Dates, Time, and Place Speakers Karmel Roe Kathy Hartley Margaret Hill No vote was taken on this item, although there was discu ssion about keeping the Mayor and City Council meetings on the first and third Wednesdays of each month, with Closed Session beginning at 5:30 p.m. and Open Session beginning at 7 p.m. The City Manager is to report back at the January 16, 2019 about potential meeting locations. 18. Proposed Staffing Level for the Office of the Mayor Speakers Phil Savage Paul Sanborn Karmel Roe Karina Cornejo Joseph Doyle Cathy Hartley Mike Hartley Dorothy Garcia Harry Hatch R. Carey Davis Johnetta Davis Deanna Adams Jim Penman Luis Ojeda Shirley Harlan Robert Porter Scott Olson Allen Bartlemann Jill Vasilakos-Long Kathleen Rainbolt Approved Motion: Direct the City Manager to report to the Mayor and Council at the next meeting with a structure that meets the desires of the city council members and mayor for support staff regard. 7.e Packet Pg. 85 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/9/2019 RESULT: ADOPTED [5-1] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill NOES: Sanchez 19. Southern California Association of Governments RHNA Update Council Member Mulvihill provided an oral report. No vote was taken on this item. 20. Special Municipal Election 2019 - Vacant Seat in Third Ward Approved Motion: Adopt the resolution. Reso-2019-6 Resolution of the Mayor and City Council of the City of San Bernardino, California, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 21. Communications Update Speakers Karmel Roe R. Carey Davis Johnetta Davis Jim Smith Approved Motion: Continue tem to January 16, 2019 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7.e Packet Pg. 86 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) Regular Meeting DRAFT Minutes January 2, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/9/2019 PUBLIC HEARING 22. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse Approved Motion: Adopt the resolution. Reso-2019-7 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 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. RESULT: ADOPTED [5 TO 1] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill NAYS: Fred Shorett ADJOURNMENT The meeting adjourned at 11:40 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, January 16, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 7.e Packet Pg. 87 Attachment: 01-02-19_JtReg_gh_draft (5912 : City Council Approval of Draft Minutes) 8.a Packet Pg. 88 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Staff Discussion Currently, the department has deployed two (2) Police Officers, 20 hours total per day, on an overtime basis to operate exclusively in the Defined Area noted by San Manuel. Additionally, the department has deployed one (1) Community Service Officer, on an overtime basis, to provide traffic control, handle parking issues, traffic collisions and basic crime reports for residents in the Defined Area. As described in Section III Objectives and Scope of Grant Project in the Grant Agreement, “as overall SBPD staffing improves and allows in the future, an equivalent contingent of full-time, sworn SBPD officer positions shall be assigned exclusively to the Defined Area for the duration of the Grant.” Furthermore, “Grantee may identify and hire additional SBPD personnel who would enhance the ability to the SBPD in its efforts to address crime trends and problems affecting the Defined Area. Such additional personnel shall service police roles within the Defined Area in a manner that is visible to the public and reinforces the law enforcement presence in the Defined Area.” In an effort to provide police services to the San Manuel Defined Area and maintain the operational integrity of the City’s police force, the department is requesting an increase in police personnel by four (4) full-time Police Officers and two (2) Community Service Officers. The addition of four (4) full-time Police Officers and two (2) Community Service Officers would offset the Grant Agreement terms without impacting calls for service in the community. In the event San Manuel does not extend or propose additional grants at the conclusion of the current grant’s term, the positions would be absorbed through attrition. The current professional services agreement with Dignity Health expired on October 31, 2018. A renewed service agreement between the City and Dignity Health would be for the term of November 1, 2018 through October 31, 2021, attached hereto as Attachment 2. Under the scope of services, Dignity Health is requesting the City provide two (2) full-time Police Officers who will be stationed at two (2) locations a minimum of four (4) days a week for a total of 40 hours weekly. The service agreement provides for reimbursement of the total compensation rate for a Police Officer. The objective of the agreement is to implement a comprehensive policing program in partnership with Dignity Health that offsets the police service demands of its local hospitals while maintaining the operational integrity of the City’s police force. In an effort to provide police services to Dignity Health and maintain its current compliment of officers, the department is requesting an increase in police personnel by two (2) full-time Police Officers. The addition of two (2) full-time Police Officers would offset the agreement terms without impacting calls for service in the community. In the event Dignity Health and/or the City do not renew the service agreement, the positions would also be absorbed through attrition. In its entirety, the department is requesting an addition of six (6) full-time Police Officers and two (2) Community Service Officers to facilitate the requested police services. The 1/10/2019 3:37 PM 8.a Packet Pg. 89 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Staff addition of these positions will aid the department by reducing the burden on existing personnel to work additional hours. 2018-19 Goals and Objectives The request to amend the Adopted FY2018/19 Budget to increase police personnel and authorize the City Manager to execute an agreement between Dignity Health for police services aligns with Goal No. 2: Provide for the safety of City residents and businesses. Improving police visibility and public safety to the community surrounding the San Manuel Indian Reservation will ensure the defined area is safe and enable patrol officers to improve emergency response times for additional calls for service. Fiscal Impact The Fiscal Year 2018/19 Operating Budget includes $1,200,000 for the San Manuel contract expenditures, of which $852,500 is earmarked for overtime expenses, and $250,000 for the Dignity Health agreement expenditures. Those appropriations are all currently reported in the Overtime account for a total of $1,102,500. For the balance of the fiscal year, assuming a January 1, 2019 starting date for the six (6) new Police Officers and two (2) Community Service Officers, the total cost is $490,735. Sufficient resources exist in the current budget, but funds are assigned to the Overtime accounts and need to be transferred to the appropriate personnel expenditure accounts. Only one-half of the annual cost is the net amount proposed for transfer due to the time of year the hirings are anticipated. A cost summary for the eight (8) total positions is reflected below with the amount for each budget category noted. These are the amounts proposed for transfer if this item is approved by the Mayor and City Council. Police Officer Community Services Officer I Full Time Salaries 107,676 42,240 Special Salaries 950 - Health Insurance 13,800 8,760 PERS 20,943 4,296 Medicare 1,572 616 Total Annual Salary & Benefits 144,941 55,912 San Manuel Agreement The intent is to transfer $345,794 from 001-210-8652-5015 into the various personnel accounts detailed above to total four (4) Police Officers and two (2) Community Services Officers for six months. Dignity Health The intent is to transfer $144,941 from 001-210-8654-5015 into the various personnel accounts detailed above to total two (2) Police Officers for six months. 1/10/2019 3:37 PM 8.a Packet Pg. 90 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Staff The full annualized cost associated with the eight (8) positions is $981,470 and will be incorporated into the next year’s fiscal budget. If either contract is not renewed, the positions will be absorbed into the general staffing through attrition. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-8, amending the Adopted FY 2018/19 Budget to increase police personnel and for the budget transfers as detailed in the staff report, and authorizing the City Manager to execute an agreement between Dignity Health for police services at two locations. Attachments Attachment 1 Resolution; Exhibit A- San Manuel Credit Fund Restricted Grant Agreement Attachment 2- Independent Contractor Agreement between the City of San Bernardino and Dignity Health Ward: On November 1, 2017, the Mayor and City Council adopted Resolution 2017-214, authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant in the amount of $4,200,000 through 2020 and to amend the Adopted FY 2017-18 Budget by $1,800,000. On December 20, 2017, the Mayor and City Council adopted Resolution No. 2018-245, authorizing the City Manager to execute an agreement with Dignity Health Corporation. 1/10/2019 3:37 PM 8.a Packet Pg. 91 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Staff Resolution No. 2019-8 RESOLUTION NO. 2019-8 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE ADOPTED FY 2018/19 BUDGET TO INCREASE POLICE PERSONNEL AND FOR THE BUDGET TRANSFERS AS DETAILED IN THE STAFF REPORT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN DIGNITY HEALTH FOR POLICE SERVICES AT TWO LOCATIONS WHEREAS, on November 1, 2017, the Mayor and City Council adopted Resolution 2017-214, authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant in the amount of $4,200,000 through 2020 and to amend the Adopted FY 2017/18 Budget by $1,800,000; and WHEREAS, the acceptance of funding was used to increase policy visibility in the community surrounding the San Manuel Indiana Reservation in accordance with the Agreement attached as Exhibit A; and WHEREAS, as overall SBPD staffing improved, additional sworn and non-sworn personnel shall be assigned exclusively to the Defined Area for the duration of the Agreement, attached herein as Exhibit A. 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 Director of Finance is authorized to amend the Adopted FY 2018/19 Budget to increase police personnel and for the budget transfers as detailed in the staff report. SECTION 3. That the City Manager is hereby authorized and directed to execute the attached Agreement with Dignity Health on behalf of the City. SECTION 4. 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 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. 8.b Packet Pg. 92 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Reso 2019- Resolution No. 2019-8 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 __________, 2019. 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. 93 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Reso 2019- Resolution No. 2019-8 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. 2019-____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 8.b Packet Pg. 94 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Reso 2019- INDEPENDENT CONTRACTOR AGREEMENT Neighborhood Policing Program Services Agreement THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) is made and entered into by and between the Dignity Health affiliated entities identified in the Key Informational Terms below (each and collectively, an “Affiliate” or “Hospital”), and the independent contractor identified in the Key Informational Terms below (“Contractor”). Contractor and Affiliate (each a “Party” and collectively the “Parties”) agree as follows: KEY INFORMATIONAL TERMS A. Dignity Health Affiliate(s). Dignity Health, a California nonprofit public benefit corporation, doing business as St. Bernardine Medical Center Community Hospital of San Bernardino, a California nonprofit public benefit corporation State in which Affiliates are located: California (“State”) B. Affiliate Notice Address. St. Bernardine Medical Center 2101 North Waterman Avenue San Bernardino, California 92404 Community Hospital of San Bernardino 1805 Medical Center Drive San Bernardino, California 92411 Copy to: Dignity Health Legal Department 185 Berry Street, Suite 300 San Francisco, CA 94107 C. Contractor’s Name and Description. City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department D. Contractor’s Notice Address. 710 North D Street San Bernardino, California 92401 Copy to: City of San Bernardino 290 North D Street San Bernardino, CA 92401 Attn: City Attorney E. Term. This Agreement commences on December __, 2018 (the “Effective Date”) and expires on October 31, 2021 (the “Expiration Date”). F. Without Cause Termination. Number of days’ notice required for without cause termination: 180 G. Parts. This Agreement is comprised of the following parts: (i) Part I Dignity Health Terms and Conditions. (ii) Part II Services and Fees. (iii) Part III HIPAA Compliance. (iv) Part IV Insurance Requirements (v) Addendum Additional Terms and Conditions, incorporated herein by this reference. H. HIPAA Terms and Conditions. As set forth in Part III HIPAA Compliance, the Parties agree that the following HIPAA Terms and Conditions apply to this Agreement: ☒ Contractor shall not have access to protected health information (“PHI”) under this Agreement. ☐ Contractor shall be treated as a member of Affiliate’s workforce for purposes of HIPAA compliance. ☐ Contractor shall be a business associate of Affiliate. [210782].1080362 Page 1 of 9 8.c Packet Pg. 95 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract IN WITNESS WHEREOF, Affiliate and Contractor execute this Agreement as of the dates below. AFFILIATE Dignity Health, a California nonprofit public benefit corporation, doing business as St. Bernardine Medical Center Printed Name: Title: Date: CONTRACTOR City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department Printed Name: Title: Date: Community Hospital of San Bernardino, a California nonprofit public benefit corporation Printed Name: Title: Date: [210782].1080362 Page 2 of 9 8.c Packet Pg. 96 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract Part I INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF) DIGNITY HEALTH TERMS AND CONDITIONS 1. CONTRACTOR’S OBLIGATIONS 1.1 Services. Contractor and/or employees or agents of Contractor (“Personnel”) shall perform the services set forth in Part II (the “Services”) in accordance with the terms of this Agreement. 1.2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide Services under this Agreement and to have removed from its premises any Personnel. 1.3 Warranties. Contractor represents and warrants that: a. Contractor and Personnel, if applicable, have and shall maintain all licenses and certifications necessary to do business and perform the Services in the State. Contractor shall provide Affiliate with a copy of such license(s) upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and certification(s). b. Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded from participating in Medicare, Medicaid, or any other Federal healthcare program, as defined at 42 U.S.C. Section 1320a-7b(f) (each, a “Federal Healthcare Program”). Contractor shall within 30 days prior to the Effective Date and no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration list of parties excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any Personnel appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclusion from any Federal Healthcare Program. In the event that Contractor or any Personnel is excluded from participating in any Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify and hold harmless Affiliate for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys’ fees and costs, incurred by Affiliate arising directly or indirectly, out of any violation of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare Program. c. Contractor represents and warrants that prior to the Effective Date, Contractor conducted background screenings and Contractor and Personnel successfully passed in accordance with the standards required by Law and consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with this Section prior to commencing Services and no less than annually thereafter. d. No doctor of medicine, osteopathy, podiatry, optometry, dentistry, or chiropractic (or any immediate family member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon the value or volume of referrals or other business generated by such medical professional (or any immediate family member) to Affiliate. 1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the extent applicable to the provision of Services under this Agreement: (a) Affiliate’s corporate integrity program and any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health’s Standards of Conduct; (c) all applicable federal, state, and local laws and regulations (collectively, “Laws”); and (d) the policies, procedures, and rules of Affiliate (the “Affiliate Rules”). 1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States, or any other authorized agency, this Agreement and Contractor’s books, documents, and records (“Contractor’s Records”). Contractor shall preserve and make available Contractor’s Records for a period of four years after the end of the term of this Agreement. If Contractor is requested to disclose Contractor’s Records pursuant to this Section, Contractor shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such Contractor’s Records. 1.6 Use of Affiliate’s Premises. Contractor shall not use any part of the Affiliate’s premises as an office for private business. Contractor and Personnel shall only [210782].1080362 Page 3 of 9 8.c Packet Pg. 97 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract enter those areas of Affiliate’s facility that are necessary for the performance of Contractor’s Services. 1.7 Health Screening and Immunization. If the provision of Services requires Contractor and/or Personnel to be present in patient care areas or to have direct contact with patients, Contractor, at Contractor’s expense, shall assure that Contractor and all Personnel have met all health screening and immunization requirements in accordance with Affiliate’s policies prior to providing Services. If applicable, Contactor shall provide written documentation of compliance with this Section prior to commencing Services and at least annually thereafter. 2. COMPENSATION 2.1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to Affiliate that accurately documents Services provided by Contractor (the “Report”). 2.2 Payment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set forth in Part II for Services performed by Contractor. 2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive compensation for Services provided pursuant to this Agreement. 3. TERMINATION 3.1 Termination Without Cause. Each Party may terminate this Agreement without cause, expense, or penalty effective upon expiration of the number of days’ prior written notice set forth in Section F of the Key Informational Terms above. 3.2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party if such breach is not cured to the satisfaction of the non-breaching Party within 10 days after written notice of such breach is given by the non-breaching Party. 3.3 Effect of Termination or Expiration. Upon termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior to the date of termination or expiration, and those rights and obligations that expressly survive termination or expiration of this Agreement. The following Sections of this Part I shall survive expiration or termination of the Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute Resolution), and 6.8 (Notices). 4. PROTECTED INFORMATION 4.1 HIPAA. Contractor shall comply with the HIPAA provision set forth in Part III. 4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate. Contractor shall protect Confidential Information from unauthorized use, access, or disclosure with no less than reasonable care. “Confidential Information” means any proprietary or confidential information of Affiliate or any other Dignity Health affiliate, any Affiliate patient’s protected health information, as defined by HIPAA, and any information, records, and proceedings of Affiliate and/or Medical Staff committees and peer review bodies. Confidential Information also includes proprietary or confidential information of any third party that may be in Affiliate’s possession. 4.3 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive ownership of all reports, deliverables, and other work product (collectively the “Work Product”). The Work Product shall be deemed a “work made for hire” as that term is defined under Section 101 of the U.S. Copyright Act and Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any other jurisdiction, Contractor hereby assigns all right, title, and interest in the Work Product to Affiliate and retains no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate perfect its rights, title, and interest in the Work Product. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part IV of this Agreement. 5.2 Mutual Indemnification. Each Party shall indemnify and hold the other Party harmless for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys’ fees and costs, incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions or breach of this Agreement by the indemnifying Party or the indemnifying Party’s employees or agents. [210782].1080362 Page 4 of 9 8.c Packet Pg. 98 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract 6. MISCELLANEOUS PROVISIONS 6.1 Assignment. Contractor may not assign Contractor’s rights or obligations under this Agreement without Affiliate’s prior written consent. 6.2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink, this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as original. Amendments to this Agreement shall be similarly executed by the Parties. 6.3 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement set forth in writing, signed, and dated by the Parties. 6.4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this Agreement. 6.5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that may materially interfere with Contractor’s obligations under this Agreement, and Contractor shall immediately notify Affiliate if Contractor becomes involved in any such arrangement. 6.6 Non-Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto. Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited by Laws or Affiliate Rules. 6.7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery, in which case such notice shall be deemed given on the date of delivery; (b) next business day courier service (e.g., FedEx, UPS, or similar service), in which case such notice shall be deemed given on the business day following the date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return receipt requested, in which case such notice shall be deemed given on the third business day following the date of deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key Information Terms above. 6.8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of Affiliate. 6.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply solely to the specific instance expressly stated. 6.10 Title 22 Compliance. If Affiliate is an acute care hospital located in California only: Without limiting the obligations of Contractor, Affiliate shall retain administrative responsibility for its operation, as required by Title 22, California Code of Regulations, Section 70713. 6.11 California Non-resident Withholding. For Services rendered in California by nonresident Contractors only: Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist Affiliate’s compliance with California tax withholding requirements, including California Revenue and Taxation Code Section 18662. Such documentation may include: (i) California Franchise Tax Board Form 587 (Nonresident Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any withholdings paid to the California Franchise Tax Board; except to the extent any withholdings are refunded to Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or Form 590, and shall provide Affiliate with an updated Form. [210782].1080362 Page 5 of 9 8.c Packet Pg. 99 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract Part II INDEPENDENT CONTRACTOR AGREEMENT SERVICES AND FEES a. Description of Services. Contractor shall cause the City of San Bernardino Police Department (“Police Department”) to provide the Services: (1) Program Goals. The goal of the Neighborhood Policing Program (“Program”) is to implement a comprehensive facility policing program with Hospital. (2) Program Objectives and Deliverables. o Police Department shall provide two (2) full-time Officers such that one (1) full-time Officer will be stationed at each Hospital’s emergency department a minimum of four (4) days a week for a total of 40 hours weekly, Thursday through Sunday, at a timeframe to be mutually determined by the Parties. Officers will dedicate all of their time on the Hospital campuses in the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital and Police Department. o Police Department will provide periodic training seminars to enhance personal safety and awareness as mutually agreed to by Police Department and each Hospital in writing. o Police Department will assist Hospitals’ security staff in providing police services for the Hospitals’ campuses and immediate area. o At Hospital’s reasonable request, Police Department shall promptly remove an Officer providing services under this Program and replace him or her with another Officer reasonably acceptable to Hospital. b. Fees. 1. Affiliate agrees to compensate Contractor in the amount not to exceed $200,000 annually per full- time Officer, which amount shall include any overtime expenditures. The compensation per full- time Officer will be based on the seniority level of the Officer who provides the Services and will be billed quarterly. 2. Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The compensation billed quarterly shall be prorated based on the number of days this Agreement is in effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term of this Agreement. The first full three (3) month fiscal year quarter shall commence on January 1, 2019 and continue through March 31, 2019. Contractor shall only invoice Affiliate for the applicable pro-rata period for the partial fiscal year quarter beginning on the Effective Date through December 31, 2018. Contractor shall submit an invoice to Affiliate at the end of each fiscal year quarter or applicable pro-rata period. 3. Any overtime expenditures that are directly related to the Services must be approved in advance by Affiliate. Such overtime expenditures will be calculated at 1.5 times the specific Officer’s hourly salary, will be paid by Affiliate, and will be no greater than: Hourly Rate Overtime Hourly Rate Effective August 1, 2018 $53.21 $79.81 Effective August 1, 2019 $55.02 $82.53 Effective August 1, 2020 $56.90 $85.35 c. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business expenses incurred in connection with the performance of the Services if: (i) Affiliate approves the expenses in writing, in advance; (ii) the expenses relate directly to Contractor’s performance of Services; (iii) the expenses meet the requirements for reimbursement under the Affiliate Rules; and (iv) Contractor submits receipts to Affiliate within 60 days of incurring the expenses. [185448]957841 Page 6 of 9 8.c Packet Pg. 100 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract Part III INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF) HIPAA COMPLIANCE “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), Title XIII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-005) and the rules, guidance and regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts 160 and 164. NO ACCESS TO PHI The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of any of Affiliate’s Sensitive Information (defined below) or protected health information (“PHI”), as such term is defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree that neither Contractor nor Personnel shall have access to or use of any Sensitive Information or PHI. Any action by Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such information (other than as required by law) to any third party. Contractor shall be solely liable for any violations of privacy laws by Contractor and Personnel. “Sensitive Information” includes any information in any form that identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally available to the public, such as social security number, employee identification number, tax identification number, passport number, driver’s license or state identification card number, insurance policy number, employment history, bank account number, credit card number, debit card number or any financial information. The terms of this Part III shall survive termination or expiration of this Agreement. [185448]957841 Page 7 of 9 8.c Packet Pg. 101 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract Part IV INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF) INSURANCE REQUIREMENTS Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor and Personnel as named insureds: a) Commercial and general liability insurance with a limit of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. b) Workers’ Compensation insurance, as required by Laws. c) Employer’s liability insurance with a limit of not less than $1,000,000 for each occurrence. d) Business automobile liability insurance covering hired, owned and non-owned vehicles used to provide Services under the Agreement, if applicable, with a limit of not less than $1,000,000 for each occurrence. e) Errors and omissions insurance with a limit of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual renewal during the term of this Agreement. In the event of any modification, termination, expiration, non-renewal or cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten (10) days following Contractor’s receipt of such notification. Contractor may meet the obligations of this Part IV by being self-insured. [185448]957841 Page 8 of 9 8.c Packet Pg. 102 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF) ADDENDUM The Parties hereby incorporate the following provisions into the Agreement. In the event of a conflict between any provision of the Agreement and this Addendum, this Addendum shall control. A-1. The Parties amend in full Section 3.2 in Part I of the Agreement to read as follows: “Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party if such breach is not cured to the satisfaction of the non-breaching Party within 15 days after written notice of such breach is given by the non-breaching Party.” A-2. The Parties add a new Section 6.12 to Part I of the Agreement to read as follows: “Venue. This Agreement is governed by and is to be interpreted in accordance with the laws of the State of California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.” A-3. The Parties add a new Section 6.13 to Part I of the Agreement to read as follows: “Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.” A-4. The Parties add a new Section 6.14 to Part I of the Agreement to read as follows: “Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable Party to the terms and conditions hereof and thereof.” A-5. The Parties add a new Section 6.15 to Part I of the Agreement to read as follows: “Interpretation. The Parties acknowledge and agree that this Agreement is the product of mutual arms -length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise.” A-6. The Parties add a new Section 6.16 to Part I of the Agreement to read as follows: “No Third Party Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.” A-7. Contractor and Police Department shall obtain Hospital’s prior written consent of the text of any proposed publicity concerning this Program prior to the release of such publicity. Hospital may include information regarding this Program, including the amount and purpose of the Program, any photographs provided by Contractor or Police Department, its logo or trademark, or other information or materials about Police Department’s organizations and activities, in Hospital’s periodic public reports, newsletters, and news releases as approved by the City of San Bernardino City Manager. A-8. In addition to the obligations under this Agreement, at all times when performing services under the Program, police officers shall be subject to and required to comply with the rules and regulations of Police Department, including use of force. A-9. The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor. A-10. All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department policies and procedures. [185448]957841 Page 9 of 9 8.c Packet Pg. 103 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Contract 8.d Packet Pg. 104 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 105 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 106 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 107 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 108 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 109 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 110 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 111 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 112 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 113 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 8.d Packet Pg. 114 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Authorize Agreement with Dignity Health-Exhibit A 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 San Manuel Patrol Area M. G ood 50336 Legend San Manuel District City Limits - Outline 0 0.2 0.40.1 Miles / 8.e Packet Pg. 115 Attachment: PD.Amendment of Adopted FY18-19 Budget to Increase Police Personnel and Autjorize Agreement with Dignity Health- 9.a Packet Pg. 116 Attachment: PD.Acceptance of UASI FY2017 Grant-Staff Report (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant) combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure. The scene evolved into activities at three different locations. Support agencies responded with agency owned command post vehicles; however it was quickly learned that the region lacked a dedicated ICS management vehicle that could support such a major management team. Logistics, communication and planning were impacted. RIMA is a self-contained, self -propelled mobile management vehicle that can be deployed over extended periods of time at high density, high threat events that require ICS management teams. The apparatus focuses specifically on their needs, providing work space, automation and logistical support features, thus ensuring improved collaboration and information sharing across the management branches. Due to the large scale response to the Inland Regional Center from local agencies, it also became apparent that onsite credentialing was necessary. Many employees self- deployed due to the immediate nature of the incident. While the response helped in the short term assist with the emergency, the long term issue of employee accountability became apparent. Scene security, due to the sensitive nature of the event, was imperative. That was difficult when many agencies, including those from the State and Federal level, had never worked together. For these reasons, it was imperative to implement a system where employees and volunteers can easily be identified by an incident specific Identification badge that can also be used as a personnel accountability system (PAS). The PAS project can be utilized at the regional level to create IDs and track all responders, victims, evacuees, visitors and civilians at a large event. The San Bernardino Police Department owns a PAS device from Salamander, an Orangehook Company. The UASI saw the benefit and wanted the system deployed in the RIMA vehicle as well as to five other local UASI region agencies. With this project, the additional systems will be purchased with a goal of a unified accountability platform across multiple agencies within both Riverside and San Bernardino County who are participants with RUASI. The UASI has granted the San Bernardino Police Department $337,600.00 for the purchase of the RIMA vehicle and $37,400 for the PAS accountability system. The grant amount will cover the purchase of both projects. The RIMA project went out to bid in June of 2018, RFQ F-18-17, which is attached hereto as Attachment 2. LDV, Inc., was the only company who bid on the project that will be able to fulfil all bid requirements. The bid attached hereto as Attachment 3. Staff requests the following: • Authorize the City Manager to accept the FY2017 Urban Area Security Initiative Grant and execute the Memorandum of Understanding between the City of San Bernardino and the City of Riverside Office of Emergency Management. 1/10/2019 3:45 PM 9.a Packet Pg. 117 Attachment: PD.Acceptance of UASI FY2017 Grant-Staff Report (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant) • Authorize the Director of Finance to amend the Adopted FY2018/19 budget increasing revenue and expenditures by $375,000. • Authorize the City Manager to execute a Vendor Service Agreement between the City of San Bernardino and LDV, Inc., for the purchase of a 2019 Freightliner MT-55 Mobile Command Vehicle, attached hereto as Attachment 4. • Authorize the Director of Finance to issue Purchase Orders to LDV, Inc., in an amount not to exceed $337,600 and to Salamander Technologies in an amount not to exceed $37,400 pursuant to San Bernardino Municipal Code Section 3.04.010(b)(3). 2018-19 Goals and Objectives The administration of the Urban Areas Security Initiative grant aligns with Goal No. 2: Provide for the Safety of City Residents and Businesses: Utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies: Work with Federal, State and regional governments and organizations to ensure San Bernardino received its fair share of resources Fiscal Impact The financial impact to the City is $375,000. Staff requests that the Director of Finance be authorized to amend the Adopted FY2018/19 budget increasing both revenue and expenditures in the Police grant program budget by $375,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the FY 2017 Urban Areas Security Initiative Grant in the amount of $375,000. Attachments Attachment 1 – Memorandum of Understanding Attachment 2 – RFQ-18-17 Attachment 3 – RIMA bid Attachment 4 – Vendor Service Agreement 1/10/2019 3:45 PM 9.a Packet Pg. 118 Attachment: PD.Acceptance of UASI FY2017 Grant-Staff Report (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant) Ward: Synopsis of Previous Council Actions: 3/7/18 Resolution 2018-61 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2016 UASI grant in the amount of $60,000 for the purchase of security camera trailers. 3/7/16 Resolution 2016-37 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2015 UASI grant in the amount of $160,000 for the purchase of a Sky Tower – mobile observation safety tower. 10/17/12 Resolution 2012-250 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2011 UASI grant in the amount of $24,000 for the purchase of SWAT technology upgrades – mini robot. 7/18/11 Resolution 2011-230 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2010 UASI grant in the amount of $440,000 for phase one of the downtown camera project. 9/20/10 Resolution 2010-324 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2009 UASI grant in the amount of $363,000 for Police and Fire equipment and community training. 4/6/09 Resolution 2009-75 adopted authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside for the purpose of accepting and administering the FY2008 UASI grant in the amount of $755,000 for the purchase of a Bearcat vehicle, a communications vehicle and active shooter training. 1/10/2019 3:45 PM 9.a Packet Pg. 119 Attachment: PD.Acceptance of UASI FY2017 Grant-Staff Report (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant) Memorandum of Understanding - Urban Area Security Initiative Grant Funding 1 MEMORANDUM OF UNDERSTANDING CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT AND THE CITY OF SAN BERNARDINO, CALIFORNIA REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING FOR FEDERAL FISCAL YEAR 2017 THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective October 1, 2018, between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT and the CITY OF SAN BERNARDINO, CALFORNIA (“Participating Agency”) under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to comply with United States Department of Homeland Security – Homeland Security Grant Program guidance, processes and requirements. 3. The Participating Agency agrees that all equipment, supplies and training funded through the UASI program is for the mutual benefit of the Riverside UASI Region and not for the exclusive benefit of the Participating Agency. 4. The Participating Agency agrees that all equipment, supplies and technical expertise developed through training funded by the UASI program is to be made available for emergency use through established mutual aid systems, established mutual aid agreements or made reasonably available through a valid request by a member jurisdiction or organization of the Riverside UASI. 5. The Participating Agency agrees to provide prior to being funded the most recent copy of their; 1. Single Audit Report. 6. The Participating Agency agrees to submit a Monthly Project Progress Report by the 15th day of each month in accordance with the UASI grant program guidelines. 7. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of Riverside Office of Emergency Management / UASI. Upon any changes to the original designation the agency will provide written notification and updated contact information. 9.b Packet Pg. 120 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 2 8. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass-Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 9. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project expenditures and allowable costs as submitted to the City and approved by the California Office of Emergency Services (Cal OES) and the U.S. Department of Homeland Security Grants Program Directorate. 10. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency’s acts or omissions under this MOU. 11. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City’s acts or omissions under this MOU. 12. The Participating Agency agrees to provide the Certificate of Non-Supplanting (Attachment B). 13. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension and Other responsibility matters (Attachment C). 14. The Participating Agency agrees to replace all UASI funded equipment if lost, stolen, or damaged beyond repair, the equipment shall be replaced with that of like kind or capability, at the custodial agency’s own expense. 15. The Subgrantee Performance Period for the FY 2017 UASI funding cycle is from September 1, 2017 to May 31, 2020. 9.b Packet Pg. 121 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 3 IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of Riverside Office of Emergency Management and the City of San Bernardino, California, by and through their authorized representatives. CITY OF RIVERSIDE PARTICIPATING AGENCY By: ______________________________ By: ______________________________ Title: _____________________________ Title: _City Manager________________ Attest: Attest: By: _____________________________ By: ____________________________ Colleen J. Nicol Title: _____________________________ Title: __City Clerk_______________ City Clerk Approved as to form: By: _____________________________ Neil Okazaki Title: ____________________________ Senior Deputy City Attorney 9.b Packet Pg. 122 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 4 Governing Body Resolution (For Operational Areas and Urban Area’s) BE IT RESOLVED BY THE _____Mayor and City Council____________________ (Governing Body) OF THE _______________City of San Bernardino, California_____________________ THAT (Name of Applicant) _____________________Andrea M. Miller____________________________________ , OR (Name or Title of Authorized Agent) ________________________________________________________________________ , OR (Name or Title of Authorized Agent) ________________________________________________________________________ , (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. Passed and approved this _______________ day of ____________________________, 20_____ Certification I, ____________________________________________________________, duly appointed and (Name) _________________________________ of the ______________________________________ (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the _________________________________ of the _______________________________ on the (Governing body) (Name of Applicant) ______________________ day of ____________________________________, 20__________. __________________________________________ (Official Position) ___________________________________________ (Signature) 9.b Packet Pg. 123 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Certificate of Non‐Supplanting    My signature below affirms that grant funds from the Urban Area  Security Initiative Grant will be used to supplement existing funds, and  will not replace (supplant) funds that have been appropriated for the  same purpose.        Designated Agent:                  Printed Name                  Signature                   Title                         Agency 9.b Packet Pg. 124 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 RIVERSIDE URBAN AREA SECURITY INITIATIVE CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The applicant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency (Note: The terms "covered transaction," "debarred," "suspended," "ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.); b. Have not within a three-year period preceding this application been conflicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach as explanation to this application. Authorized Agent Signature Business Name Name Printed or Typed Street Address Date City, State, Zip Code 9.b Packet Pg. 125 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 1 of 11 Initials _______ Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.).Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; and (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. 9.b Packet Pg. 126 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 2 of 11 Initials _______ 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. §200.212 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principal, subgantees, recipients or subrecipients: 9.b Packet Pg. 127 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 3 of 11 Initials _______ (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213.); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units 9.b Packet Pg. 128 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 4 of 11 Initials _______ (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); ; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code §10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (m) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); 9.b Packet Pg. 129 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 5 of 11 Initials _______ (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. 9.b Packet Pg. 130 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 6 of 11 Initials _______ The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no recipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect : or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts; and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker’s Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this 9.b Packet Pg. 131 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 7 of 11 Initials _______ Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 9.b Packet Pg. 132 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 8 of 11 Initials _______ 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties , Building 410, Mail Stop #0190, Washington, D.C. 20528. If the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also 9.b Packet Pg. 133 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 9 of 11 Initials _______ find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 26. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 27. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 28. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 29. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942 30. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 9.b Packet Pg. 134 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 10 of 11 Initials _______ 31. Non-supplanting Requirements All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. 37. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 9.b Packet Pg. 135 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 Homeland Security Grant Program – 2017 Grant Assurances Page 11 of 11 Initials _______ IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, terminat ion, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2017, Version 7.0, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. The undersigned represents that he/she is authorized by the Applicant to enter into this agreement for and on behalf of the said Applicant. Applicant: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: _____________________________________________ Date: 9.b Packet Pg. 136 Attachment: PD.Acceptance of UASI FY2017 Grant -Attachment 1- MOU (5914 : Authorize Acceptance of Urban Areas Security Initiative FY2017 May 15, 2018 SUBJECT: NOTICE INVITING BIDS (RFQ) F-18-17 The City of San Bernardino (City) invites bids from qualified vendors for: RFQ F-18-17 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Closing Date: Proposals must be submitted on or before 3:00 PM, PST, June 4, 2018 by posting to www.sbcity.org/bids. Only electronic submittals will be accepted. From the issuance date of this Request for Bid until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Issuance of this RFQ and/or receipt of bids do not commit City to award a contract. Sincerely, Vanessa Slouka Accounting Assistant 9.c Packet Pg. 137 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 9.c Packet Pg. 138 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 1 May 21, 2018 REQUEST FOR PROPOSALS (RFQ) F-18-17 The City of San Bernardino (City) invites proposals from qualified vendors for: RFQ F-18-17 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Proposals must be submitted on or before 3:00 PM, PST, June 4, 2018 by posting to www.sbcity.org/bids. Only electronic submittals will be accepted. Issuance of this RFP and/or receipt of proposals does not commit the City to award a contract. Sincerely, Vanessa Slouka, Accounting Assistant 9.c Packet Pg. 139 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 2 SECTION I. INSTRUCTIONS TO BIDDERS 9.c Packet Pg. 140 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 3 City of San Bernardino, Finance Department Purchasing Division Bid Documents to Be Returned by Bidder RFQ F-18-17 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Bid Content and Forms Cost / Price Form (City Form) III Bid Content and Forms Authorized Signatures Bidder Identification III Bid Content and Forms Addendum Received (City Form) III Bid Content and Forms 120 Day Bid Validity Statement III Bid Content and Forms Authorized Signatures (City Form) III Bid Content and Forms References III Bid Content and Forms Proper Identification and Submittal of Proposal/Bid Package, and Price Form Instructions to Bidders Copy of Manufacturer’s and/or dealer warranty and/or guarantee (if applicable) VI General Specifications #10 Bidders are requested to submit this checklist completed with all bid documents. This list may not be reflective of all documents necessary for submittal. 9.c Packet Pg. 141 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 4 I. INSTRUCTIONS TO BIDDERS A. Pre-Bid Conference/Job Walk N/A B. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order or Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. Electronic Acknowledgement of Addenda will be done through www.sbcity.org/bids D. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFP, the Bidder shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 9.c Packet Pg. 142 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 5 2. Submitting Requests a. With the exception of oral questions asked at any Job Walk or Pre-Bid Conference, all questions, clarifications or comments shall be submitted no later than 3:00 pm on May 24, 2018 through www.sbcity.org/bids To ensure fairness and avoid misunderstandings, all communications. Any verbal communications will not be considered or responded to. Written questions should be submitted via to the address provided above. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember or City staff other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration. b. Inquiries received after 3:00 PM May 24, 2018 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, by a posting to our website, www.sbcity.org/bids by the close of business May 30, 2018. For automatic electronic notifications, please visit our Homepage and register as a vendor. You must be registered on www.sbcity.org/bids , to view or download any Addenda. D. Submission of Bids 1. Date and Time All proposals are to be submitted BEFORE 3:00 PM, PST, June 4, 2018, bids received at or after 3:00 PM will be rejected by the City as non- responsive. All prospective vendors submitting a bid must be registered on www.sbcity.org/bids City of San Bernardino vendor portal and be listed on the electronic ‘Prospective Bidder’s List’ for the Bid. If the vendor is not listed on the Electronic Prospective Bidder’s List the bid will not be considered. 9.c Packet Pg. 143 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 6 Bids are to be uploaded and submitted before 3:00 P.M. PST June 4, 2018. The time and date are fixed and extensions will not be granted. Bids not received electronically before the bid event time will not be accepted. Hard copy proposals will be rejected. 2. Acceptance of Bids a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any proposer(s) responding to this RFP. c. The City reserves the right to postpone proposal opening for its own convenience. d. Faxed, emailed, mailed or delivered proposals will not be accepted. E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. 9.c Packet Pg. 144 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 7 F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. A signed Vendor/Consultant Service Agreement (VSA/CSA), along with a pre- performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. H. Business License The City’s Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. I. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. 9.c Packet Pg. 145 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 8 SECTION II. TECHNICAL SPECIFICATIONS City of San Bernardino 9.c Packet Pg. 146 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 9 TECHNICAL SPECIFICATIONS Mobile Command Vehicle - Regional Incident Management Apparatus (RIMA) NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. PLEASE COMPLETE YOUR RESPONSES AND UPLOAD TO www.sbcity.org/bids. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. GENERAL Bid prices must be valid for 120 days due to processing requirements. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED 1. SCOPE Furnish and deliver one (1) 2019 Freightliner MT-55 Mobile Command Vehicle. The following specifications outline the minimum requirements for a custom manufactured mobile command vehicle to be utilized by the San Bernardino Police Department (SBPD) and other UASI partners in the region. The command vehicle will have two (2) rooms separated by doors. One room will have an exterior entrance, a minimum of four (4) workstations, galley area, cabinets to accommodate a multi- function printer, and a pull out EIA equipment rack. Room two will have a conference table with seating for up to twelve (12) people and a workstation. While all efforts have been made to fully detail the construction materials methods and equipment required to build this vehicle it remains the vendor’s responsibility to choose components that will provide maximum performance, service life and safety and not just meet the minimum requirements. No drawings are provided. It is in the best interest of SBPD to 9.c Packet Pg. 147 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 10 evaluate each vendor’s configuration concepts based on the description above and the information included throughout these specifications. Due to the complexity of the conversion vendors must provide detailed specifications. A general statement or letter stating that the vendor meets all specifications will not be acceptable. Additionally, photo copies of this specification will not be an accepted response. For ease of evaluation, all submitted specifications must follow the format of this document. Failure to meet these requirements can be considered cause for disqualification. To insure the Department a source of service and parts over the anticipated life of the apparatus potential vendors must have established a permanency in the command vehicle industry for a minimum of ten (10) years. Vendors must include in the proposal a list of five (5) vehicles of similar (or greater) size and complexity delivered within the last twelve (12) months. Listed vehicles must have fully automatic vehicle automation systems with logic capabilities and flush floor slide out room extensions. Include Department name, contact name, telephone number and email on list. No exceptions. Note: References of a subcontractor or subsidiary will not be acceptable. All references must be for vehicles built and delivered by vendor. The ability to have the Command Center fully operational in a minimum amount of time is of utmost importance to SBPD, therefore a fully integrated vehicle automation system is required. The vehicle automation system must include an auto set up mode that will enable the command center to be fully operational/fully deployed in no more than ten minutes time by a single operator. This includes but is not limited to: generator startup, interior and exterior lighting powered on, HVAC systems powered on, galley equipment powered on, audio/video systems powered on, slide outs deployed, leveling system deployed, radio systems powered on, computer network equipment powered on, battery charging system powered on, and awning extended. Complete details for the vehicle automation system are listed throughout the specifications. SBPD reserves the option to request, and the vendor shall agree to provide, an on-site demonstration and evaluation of a vehicle that has a fully integrated vehicle automation system prior to award. The demonstrator unit shall be made available at no additional cost. Time and amount of hours required for such evaluation shall be as determined by SBPD. SBPD will not make a down payment, prepayments or progress payments. No exceptions. 9.c Packet Pg. 148 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 11 Vendor must be on GSA Schedule 23V, SIN 190-03 and supply GSA 1-unit pricing with their response. No exceptions. Vendor must be awarded ISO 9001:2008 certification and must include a copy of their certification certificate with response. ISO certification must be for design, fabrication, integration, up fit and retrofit of emergency response and commercial specialty vehicles. Additionally the ISO certificate must list the full address of all facilities that are covered by the certification and the vendor will be required to build the vehicle at the listed facilities. No exceptions to any of the ISO requirements. Prototype and/or demonstrator vehicles will not be accepted under any circumstance. Additionally the body is to be a standard commercially available production model and may not include any proprietary construction techniques or components. No exceptions. Vendor must stock a complete line of special service equipment and parts for this apparatus. Vendor must be able to supply 90% of parts required to maintain this vehicle within 24 hours and have the balance available within 72 hours. Note: SBPD reserves the right to request certain items be shipped at vendor’s expense to verify ability to comply. Failure to respond as stated will be cause for rejection. Brand names are used to establish minimum standards. If an alternate brand or model is specified, equivalency must be demonstrated. All exceptions are to be listed on a separate sheet of paper with reasons for exceptions. If an item is to be purchased, rather than manufactured by the vendor, appropriate literature demonstrating equivalency must be provided. Failure to demonstrate equivalency will be cause for rejection. In order to fairly evaluate each vendor’s technical ability and design capability, blueprints are to be provided. All prints submitted will be on the same size paper and to the same scale. The drawings are to be on “D” size paper, 24” x 36” in size, all views must be on ½” = 12” scale. CAD prints are preferred. The drawings are to be provided as follows: • Interior floor plan (overhead) • Appropriate section views interior • Right hand section view interior • Left hand section view interior • Driver and passenger view exterior • Roof top view exterior • Front and rear view exterior In addition to the drawings each vendor must include a payload calculation work sheet showing the estimated as built front axle, rear axle and total vehicle weight of the proposed vehicle. These calculations must be based on previously built vehicles 9.c Packet Pg. 149 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 12 produced by the vendor. Failure to meet this requirement will can be considered cause for disqualification. Description ACCEPTABLE / AS SPECIFIED CHASSIS: 1 - 2019 Freightliner MT-55 forward control chassis, minimum chassis features are listed below, include a detailed Freightliner specification with response. • Cummins B6.7 300EV HP @ 2600 RPM, 2600 GOV, 660 LB/FT @ 1600 RPM • 12V 200 AMP 28-SI Quadramount pad alternator • (2) 1131, group 31, 12 volt maintenance free 1900 CCA threaded stud batteries • GVG, Fire and emergency service vehicles engine warning • Exhaust brake integral with variable geometry turbo with ON/OFF dash switch • Engine after treatment device, automatic over the road active regeneration and dash mounted single regeneration request/inhibit switch • 10 Gallon DEF tank RH frame MTD • LH horizontal tailpipe, exit forward of rear tires • Antifreeze to -34f, OAT (nitrite & silicate free) extended life coolant • Gates blue stripe coolant hoses or equivalent • Allison EVS automatic transmission with PTO provision • Front stabilizer bar • 5.13 Rear axle ratio • Airliner rear suspension • Dual instant response rear suspension leveling valves 9.c Packet Pg. 150 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 13 • Rear swaybar • 5/16”X2.81”X9-1/8” steel frame • 1/4” C-channel inner frame • Chromed steel front bumper • 60 gal / 227 liter rectangular steel fuel tank - between rails • Length of auxiliary pickup tubes (generators, furnaces etc.) shall prevent these devices from using more than 75” of vehicle's fuel tank capacity • Michelin XZE 255/70R22.5 16 PLY Radial front tires • Michelin XDE XD2 255/70R22.5 16 PLY Radial rear tires • Accuride 50487 ACCU-LITE 22.5x8.25 10-hub pilot 5-hand steel disc front wheels • Accuride 50487 ACCU-LITE 22.5x8.25 10-hub pilot 5-hand steel disc rear wheels • Hood mounted chromed plastic grille • TRW tilt/3.00” telescopic steering column with foot actuated pedal • Driver message center W/LCD Display,24 warning lamps, data linked, AMI • Electronic MPH Speedometer with secondary KPH scale, without odometer • Electronic 3500 RPM Tachometer • 97 Db Backup alarm • Cruise control switches • Programmable RPM Ctrl w/low voltage auto high idle & RPM Ctrl switches • Three (3)-year/50,000 mile Freightliner MT-55 chassis warranty. • Two (2)-year/unlimited miles Cummins engine warranty. 9.c Packet Pg. 151 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 14 • Five (5)-year/unlimited miles Allison EVS transmission warranty. 1 - US DOT triangle reflector kit with three (3) triangles, for compliance with FMCSA regulations. Includes plastic storage case. Kit will be shipped loose in the vehicle. 1 - Stainless steel wheel liners with braided stainless steel valve stem extenders. BODY: 1 - All aluminum commercially available production model walk-in body (no exceptions). May not include any proprietary construction techniques or components. Built to the following specifications: • Driver sedan door with slider window, door skin shall be chemically bonded to door frame structure. Door shall have continuous stainless steel piano hinge and two (2) nylon straps. • Passenger sedan door with slider window, door skin shall be chemically bonded to door frame structure. Door shall have continuous stainless steel piano hinge and two (2) nylon straps. • Sedan doors shall have a 0.125” aluminum tread plate step well for 18” skirt depth. • Sedan doors shall have black non-skid tape on all door entry sills. • Sedan doors shall have polished aluminum Tri-mark flush mounted locking hardware with self-aligning rotary latch and matching key locks. • Aluminum alloy double H wall beam, 6005-T5 alloy, 3” x 3” wide at the base, 1.5” wide at the top, 0.125” wall thickness 24” on center. Studs feature machined wire pass-throughs, and raised adhesive control features on base. Include photo documentation of body with proposal to verify that vendor can meet this requirement, photos must show interior structure and exterior of the body. Simply stating comply without the photo documentation will result in disqualification. • Beams shall be chemically bonded to sidewalls 9.c Packet Pg. 152 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 15 eliminating the need for additional rivets. Buck-rivets will be used to fasten the top, bottom and rub rail. Use of two-sided tape is not acceptable. • Body shall have 0.125” strain-hardened aluminum alloy 5052-H36 side panels. The upper panels shall be free of rivets allowing for smooth graphics application. • Skirt supports,1.5 x 1.5 x 0.125 angle to reinforce skirt edge and hold bottom edge in a straight line. 0.188 x 1.00” flat braces placed at 4' intervals and riveted to lower wall angle and floor to maintain sidewall skirt rigidity. • Fender flares, 1.38” x 2.25” x 0.090” roll formed and radiused 5052-H32 aluminum sheet, mechanically fastened to wheel opening. Edges sealed against moisture. • NFPA 1901 embossed 0.125" aluminum tread plate roof attached to 3" x 1.5" x 0.125” extruded aluminum roof bows on 16" centers. Bows are 2” skip welded every 12”. Tread plate seams to be continues welded - no exceptions. Bows feature machined wire pass- throughs, and raised adhesive control features on base - no exceptions. Perimeter of roof shall be chemically sealed. Include photo documentation of roof with proposal to verify that vendor can meet this requirement, photos must show interior structure and exterior rooftop. Simply stating comply without the photo documentation will result in disqualification. • Lift-up molded fiberglass hood with stainless steel grill insert. Hood shall have integrated LED headlamps and running lights with turn signal indicators and dual assist gas charged lift shocks. No exceptions. • Extruded aluminum floor with interlocking planks, 1.88” high x various widths, 0.125” top surface. 6005- T5 alloy and temper. Heavy-duty thick-wall extruded planks fore and aft of all floor cutouts and every 5th plank in all other areas. Planks made of 6005-t5 alloy 9.c Packet Pg. 153 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 16 and temper, 0.250” thick top surface. • Single piece bright polished front bumper. • Tinted safety plate glass windshield with driver and passenger sun visors. • Full width 12” deep heavy-duty aluminum rear bumper with center step, painted to match the body. • Integral cab air conditioning and heating system with dash controls. • Velvac heated remote control rear view mirrors with dash controls. Upper mirror has 62-sq.in. of flat surface and lower mirror has 30-sq.in. of convex surface. Mirror has a fold-away arm. • Driver seat shall be Seats Inc. Magnum 200 mechanical suspension seat on fixed pedestal. Seat shall be covered in black cloth and have arm rests, lumbar support, tilt back and 3-point seat belt. • Passenger seat shall be black jump seat with 2-point seat belt. • Intermittent windshield wiper/washer with single heavy-duty windshield wiper motor. • Custom front wheel cutouts for tires. • Rear frame-mounted tow eyes extending past body. • Aluminum engine box cover with acoustical and thermal insulation. Black molded ABS composite engine box over-lay. • Acoustical and thermal insulation with heat shield on exterior fire-wall. • Full length skirting. Skirt shall extend 18” down from the bottom of floor extrusions. • Dash shall be vacuum formed ABS composite with integrated control pod located left of dash. • All clearance and side marker lights to be LED. • Standard structural warranty of 5 years or 50,000 miles 9.c Packet Pg. 154 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 17 and standard component warranty of 12 months or 12,000 miles. • The vehicle shall be fully sanded on all exterior surfaces with no more than 150 grit to assure removal of imperfections in metal surface. All aluminum shall be chemically etched and primed prior to painting. Base body color shall be oven baked and painted to commercial truck standards. 3 - Exterior heavy-duty fluted aluminum grab handle with rubber inserts and chrome plated stanchions installed at entry door. 2 - Automatic LED courtesy light at entry door. 1 - Courtesy lights to be controlled through vehicle automation system. Vehicle automation system will be configured to automatically illuminate lights when the door is opened and will automatically turn off if the door is in the open position for more than 20 minutes. Touch screen(s) shall have a courtesy light on/off icon on the LIGHTING screen. No exceptions to any of these requirements. 1 - 24" Single C manually operated exterior entrance step X053W951247 (or current model). 1 - 30" wide aluminum flip-down step with diamondback planking step surface. Step shall be secured while vehicle is in motion. 1 - Maxxima LED Round combination stop/tail, turn and reverse lights. 1 - Entire underside shall be undercoated. Includes chassis, floor extrusions, step wells and aluminum compartments. 1 - Rear mud flaps. Includes anti-sail brackets when required. 1 - Flat floor slide out room extensions, fabricated with a structurally rigid welded aluminum tube design with a fully bonded aluminum shell. During deployment an electronic control system automatically expands the room extension and lowers the floor to flush position. Slide out features: • The slide out room extensions will have the following 9.c Packet Pg. 155 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 18 minimum length: 90” long x 30” deep (2 total). • Slide-out to be fabricated with a structurally rigid welded aluminum tube design with a fully bonded aluminum shell. • 0.125" 5052 aluminum wall skins on slide-out. • 1" x 3" x 0.125” 6061 aluminum wall beam channels with 2" x 6" wire chase slot 6" from the top. • 2" x 4" x 0.125" 6061 aluminum lower tubular structure with 1" x 2" x 0.125” cross supports. • 1" x 4" x 0.125" 6061 aluminum upper tubular structure with 1" x 1" x 0.125” cross supports. • All exposed tube ends to be capped before welding assembly together. • Flexible wire chase to be fully enclosed in aluminum channel with access cover. Fabric covered or exposed cable chase will not be acceptable under any circumstance. • Awning that automatically extends and retracts over the top of the room to protect from weather and debris. • Full perimeter double rubber bulb seal with an additional seal in the fully extended and fully retracted positions. • Slide out shall be fully automatic and shall not require the operator to manually move the floor panel or any other component of the slide out before or after deployment. • No track or hardware shall be attached to the ceiling of the body. • Multiplexed electric over hydraulic control system programmed to lower the slide out to floor height after full extension. • Vehicle automation system touch screen(s) shall have a slide-out extend/retract icon on the MISC screen for each slide out room. 9.c Packet Pg. 156 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 19 • There shall be an interlock through the vehicle automation system to prevent moving the vehicle with the slide out extended. Vehicle automation system to give audible and visual alert if the ignition is turned to on position when any slide out is extended. Include photos of vehicles previously built vehicles with flat floor slide out rooms with response. Photos must show slide out construction and fit and finish. Ergonomic safety and efficiency is of utmost importance in the design and functionality of this vehicle, therefore, above floor or straight out slide outs will not be acceptable. There will be no exceptions to any of the slide out requirements. PAINT: 1 - Body base color shall be white. DRIVER / PASSENGER CAB AREA: 2 - Cover cab doors with aluminum powder coated black panels. 2 - Heavy-duty rubber grab handle on each door. 2 - Custom made panel above cab door covered with cushioned vinyl. 1 - Vehicle height sign on dash. 1 - Insulated black rubber mat in driver and passenger toe plate area. Insulate walls in toe plate area and install carpeted panels. 1 - Vehicle shall have a Final Stage Vehicle Certification and Altered Vehicle Certification as required by Federal Motor Vehicle Safety Standards (FMVSS) 49 CFR Part 567.5 and 567.7 1 - Payload sticker in cab area with vehicle axle load ratings and available axle payload as built. 1 - Work area on passenger side constructed of 5/8 plywood covered to match rear counter-tops and trimmed with vinyl T- molding. 9.c Packet Pg. 157 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 20 1 - Multiplex Control systems shall be located in the overhead console. The entire console shall be constructed of 3/4" plywood. The face shall be finished with black laminate and the bottom shall be covered with vinyl. 1 - Red LED/Clear LED dome light with 3-position switch, red/off/white mounted under center of console. 1 - Zone Defense color back up camera system with 7" LCD monitor and day/night camera. Camera includes a microphone for audio commands from a spotter to the driver during backing operations. 1 - JVC Arsenal KD-R875BTS (or current model) MOSFET 22- watt RMS/50 peak x 4 channels, CD/MP3, AAC, WMA, WAV, and FLAC Receiver with 13-band graphic equalizer with 8 EQ presets, built-in Bluetooth for hands-free calling and audio streaming. 1 - Pair of Pioneer TS-A6971R (or current model) 6” x 9” three- way speakers. WALLS, CEILING AND FLOOR: 1 - Insulate walls with a minimum of 2-1/2” of fiberglass with an R-11 rating. Cover interior body side posts with ½” plywood sub wall, structural plywood sub wall, Exposure 1-APA, 5 ply, face veneer plugged and sanded. Meets California Air Resources Board (CARB) phase 2 requirements. Include cross section photo of wall construction with bid response (photo must show outer skin, wall beam, insulation, inner sub wall and FRP wall covering - no exceptions. 1 - Cover sub wall with smooth finish Kemlite 0.075” fiberglass reinforced plastic (FRP) lining. Wall covering shall be a continuous piece front to back, no seams acceptable, no exceptions. 1 - Insulate ceiling with a minimum of 2-1/2” of fiberglass with an R-11 rating. Cover interior roof beams with ½” plywood sub wall, structural plywood sub wall, Exposure 1-APA, 5 ply, face veneer plugged and sanded. Meets California Air Resources Board (CARB) phase 2 requirements. 1 - Ceiling shall be 3-piece modular design to allow easy access 9.c Packet Pg. 158 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 21 for future wiring additions and/or maintenance. Modular ceiling panels to be covered in silver fabric. Include photos of modular ceiling construction with response. No exceptions. 1 - Floor underlayment to be 5/8” exterior grade tongue and grove structural plywood, Exposure 1-APA, 6 ply, face veneer plugged and sanded. Meets California Air Resources Board (CARB) phase 2 requirements. 1 - Lonseal Loncoin II Flecks 150 Onyx non-skid commercial grade PVC flooring. The flooring shall be continuous, one piece full length, full width, no seams – no exceptions. 1 - 2-1/2” vinyl cove molding as required (mop board). 1 - 30" FRP covered pocket door installed on heavy-duty aluminum track with two (2) four-wheel roller trucks. Pocket door shall have recessed handles and a latch to keep the door closed. 1 - All bulkheads shall be covered with Kemlite 0.075" FRP. Trim exposed edges of bulkheads with rounded anodized aluminum trim where applicable. 1 - Cover load space door with powder coated aluminum panel with heavy-duty rubber grab handle. 1 - Hehr street side mounted 30" wide x 19" high flush mount deep-tint horizontal sliding egress window with screen. GALLEY / LAVATORY: 1 - Magic Chef model MCD1110BB 1.1 cu. ft. 1000-watt microwave oven. 1 - Black and Decker Space Maker Under cabinet Coffee Maker. 1 - Norcold NR751B AC and DC powered refrigerator with the following features: • 2.7 cu. ft. capacity. • Freezer shelf for ice cube tray. • Door bin holds 2-liter containers. • Integrated door latch. • 120/230Vac 50/60 Hz and 12/24 Vdc 9.c Packet Pg. 159 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 22 SEATING: 8 - Task swivel chair, black with mid back, five caster spider base, adjustable height and no armrests. 1 - Custom fabricated flip-down bench seating. Bench seat cushions shall be covered in heavy-duty vinyl. Bottom seat cushion will be installed on Zico Quic-Seat® fold down spring loaded seat brackets. BENCH SEAT REQUIREMENTS: • Foam for seat backs and bottoms shall be firm density. • All bench seating material must meet Federal Motor Vehicle Safety Standards part 571.302 Flammability of Interior Materials. • Material corners shall be squared or angled to fit precise cut of foam. • Foam shall be bonded to plywood backer with industrial grade adhesive. • Attachment of fabric/vinyl to backer shall utilize industrial grade upholstery staples. CABINETS: 1 - Custom fabricated powder coated aluminum cabinets, include photos of upper cabinets and base cabinets with response - no exceptions. Cabinet specifications: • Base cabinets constructed of 0.080" powder coated aluminum with anodized aluminum frames. • Base cabinet doors are double shell, formed from a single sheet of 0.080" aluminum, with a 0.040" aluminum door back attached. 9.c Packet Pg. 160 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 23 • Overhead cabinets constructed of 0.064"powder coated aluminum with anodized aluminum frames. • Overhead cabinet doors are double shell, formed from a single sheet of 0.064" aluminum, with a 0.040" aluminum door back attached. • Overhead cabinet doors swing up on a full-length aluminum hinge, and are held open with a locking door stay. No exceptions to cabinet construction. 1 - Dry erase writing surface on overhead cabinet doors. 1 - Gas shock lift supports on overhead cabinet doors. 1 - LED strip light under overhead cabinets, lights to be powered through vehicle automation system and have on/off switch on fixtures. 1 - Full width by minimum 20” high overhead cabinets located above workstations. 1 - Full height cabinet minimum 26” wide with slide out printer tray and double door upper and lower storage. 1 - Full height cabinet minimum 30” wide with double doors and three (3) adjustable shelves. 1 - Upper galley cabinet with built-in microwave. 1 - Base galley cabinet with built-in refrigerator. 1 - Under counter file cabinet with pencil drawer and hanging file drawer. 1 - All counters and table to be custom fabricated with 0.040" Wilsonart laminate bonded to subsurface. All exposed edges shall be covered with heavy duty flexible PVC T-molding. 1 - Conference table covered in 0.040” Wilsonart laminate. All exposed edges shall be covered with heavy duty flexible PVC T-molding. 1 - Powder coated aluminum conference table base with built-in receptacles and network jacks. 1 - Custom fabricated anodized aluminum framed magnetic dry erase marker board with pin. Frame shall be hinged and held 9.c Packet Pg. 161 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 24 closed with tension clips. HVAC SYSTEM: 1 - Fan-tastic Vent model 1250 3-speed reversible 12" power roof ventilator. 2 - Coleman Polar Mach 8 series low profile air conditioners with power and thermostat controlled by the vehicle automation system. Vehicle automation system HVAC screen shall have a digital temperature display and an icon to increase or decrease the temperature setting for each air conditioner, there shall also be icons to choose fan high/low. Touch screen(s) will also have icons to select Auto, Cool or Heat modes - no exceptions. Additionally there shall be system touch pad(s) with digital displays in rooms that do not have a touch screen to provide local control of the temperature setting - no exceptions. Includes: • 13,500 nominal Btu/hr air conditioner with condensate pump. • Ceiling assembly with 6,000 Btu/hr heat strip Coleman Polar Mach 8 series low profile air conditioners with power and thermostat controlled by the vehicle automation system. Vehicle automation system HVAC screen shall have a digital temperature display and an icon to increase or decrease the temperature setting for each air conditioner, there shall also be icons to choose fan high/low. Touch screen(s) will also have icons to select Auto, Cool or Heat modes - no exceptions. Additionally there shall be system touch pad(s) with digital displays in rooms that do not have a touch screen to provide local control of the temperature setting - no exceptions. AC CUSTOM PROGRAMMED VEHICLE AUTOMATION SYSTEM: 9.c Packet Pg. 162 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 25 Note: All of the vehicle automation system components must be commercially available for purchase. If a vendor proposes a proprietary vehicle automation system their response will be deemed non-responsive. No exceptions. 1 - Furnish and install a multiplexed vehicle automation system incorporated into a common touch screen that is custom programmed to monitor and control onboard systems as described throughout these specifications. The automation system software must allow simultaneous distribution of information to multiple onboard control/monitoring stations and the software must be updateable and configurable as required. This system is mandatory as it simplifies start up procedures, contains fewer operating components, reduces operational start- up time, reduces the total amount of wiring in the vehicle and has error detection protocols and troubleshooting features. Automation system includes: • One (1), 10” LCD touch screen with custom graphics for control and monitoring • One (1) touch pad with custom graphics for local control of HVAC and lighting • AC power distribution control and monitoring for the generator with power management • DC power distribution control and monitoring with I/O channels and 3 battery banks • Manual or automatic generator control • HVAC and temperature control in each section of the truck • Lighting control in each section of the truck • Automatic power transfer switches • Automated startup and shutdown mode that will enable the command center to be fully operational/fully deployed in no more than ten minutes time by a single operator. This includes but is not limited to: generator startup, interior and exterior lighting powered on, HVAC systems powered on, galley equipment powered on, audio/video systems powered on, slide outs deployed, leveling system deployed, radio systems 9.c Packet Pg. 163 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 26 powered on, computer network equipment powered on, battery charging system powered on. • Storage mode configuration to ensure auxiliary and chassis battery systems are maintained at full charge capacity. Storage mode must also control heating and air conditioning systems at a preset level to maintain interior vehicle temperature. • Battery Tend mode that automatically starts the generator and charges all battery banks when voltage drops below a user definable voltage setting. The generator will run for approximately two hours to fully charge the battery banks and then shut down. • Travel mode to maintain interior vehicle temperature and power to critical equipment, such as computers and radios, as the vehicle is traveling to and from the incident scene. • Safety interlocks and warnings. The automation system touch screen(s) will automatically display a warning message and give an audible alert when the ignition switch is turned to the on position with an item deployed. In order to easily identify the item causing the alert condition, the screen(s) must display a list of all items that are deployed, i.e. mast, slide out, leveling jacks, awning, etc. • Built in back up features to ensure system is always functional Vehicle automation touch screen(s) to have a minimum of four tabs, POWER (home), LIGHTING, HVAC and MISC. The POWER screen will display the main power control icon, AC power source (i.e. generator, shore power or auto-eject) and all AC/DC information as described elsewhere in these specifications. The LIGHTING screen will display all lighting control icons as described elsewhere in these specifications. The HVAC screen will display HVAC control icons and settings as described elsewhere in these specifications. The MISC screen will display miscellaneous information as described elsewhere in these specifications and will also have the Auto Startup, Auto Shutdown, and Storage Mode icons. Include photos of touch screen control panel with response. Vehicle automation touch screen(s) to have a Utility page that when accessed will show the status of system modules, gen hour meter adjustment, AC system override, and other system control 9.c Packet Pg. 164 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 27 features. Vehicle automation touch screen(s) will automatically time out to a digital clock after 10 minutes of nonuse. Digital clock is to have 12 and 24 hour modes that are user definable. Vehicle automation system must be completely upgradeable. Additional components may be added into system with a simple software modification. Vehicle automation system must include electronic over-current protection (no fuses permitted) with fault indication and automatic restoration. Vehicle automation system capabilities are not to be achieved with use of multiple monitoring systems designed for specific use i.e. water monitors, battery monitors etc. SBPD reserves the option to request an on-site demonstration and evaluation of offerers vehicle automation system before acceptance of contract. If requested, a demonstrator vehicle shall be made available at no additional cost. Time and amount of hours required for such evaluation shall be determined by SBPD. None of the above components and systems may be proprietary. No exceptions to any of the vehicle automation system requirements. ELECTRICAL SYSTEM: 1 - Onan Commercial Quiet Diesel 12-kW generator model 12.0HDKCD-2209 (or current model) mounted in a custom fabricated all aluminum compartment. Generator features: • Computer-controlled constant speed operation • Unique sound-controlled housing encloses cooling system and muffler (69 dB(A) @ full load measured at 10 feet) • Three-point, fully focalized internal mounting system • Service and maintenance points accessible through easy-latch side service door • High quality, pure sine wave electrical output 9.c Packet Pg. 165 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 28 maximizes sensitive equipment performance • Typical Gal/hr fuel consumption: No load = 0.11, Half load = 0.48, Full load = 1.20 Compartment shall be constructed to the following specifications: • Compartment shall be constructed from 0.187" aluminum with all welded seams. • Compartment shall have 0.125" aluminum 2" box pan doors and 0.125" aluminum frames. • Door frames shall be riveted to the body and welded to the compartments. • Doors shall have stainless steel hinges attached to the doors and door frames with stainless machine screws. • Doors shall have slam latches and flush mounted handles. • Doors shall have 0.100" aluminum treadplate panels on interior surfaces. • Doors shall be held open in a 90° position with gas charged lift/support cylinders. • Doors shall be sealed with industrial grade neoprene gasket. NOTE: Generator exhaust shall be routed to the street side of the vehicle. 1 - ACData AC2060 surge suppressor for protection of entire AC power system. Product features: • UL listed: UL1449 3rd Edition • LED visual verification of status 1 - Kussmaul Auto Eject 20, 20A-120Vac shore power inlet with 25-ft. 20A-120Vac shore power cord controlled through the vehicle automation system - no exceptions. 1 - Marinco 50A-125/250Vac waterproof shore power inlet 9.c Packet Pg. 166 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 29 controlled through the vehicle automation system - no exceptions. Includes 50-ft. 50A-125/250Vac shore power cord and 6-ft. 50A-125/250Vac pigtail. 7 - Specification grade 20A-125Vac duplex receptacle with two (2) USB charging inputs, USB output to be 3A, 5VDC. Receptacle is not dedicated to any installed equipment. Controlled through the vehicle automation system - no exceptions. 1 - Specification grade 20A-125Vac GFCI duplex receptacle in galley area. Controlled through the vehicle automation system - no exceptions. 2 - Four (4) specification grade 20A-125Vac exterior GFCI duplex receptacle with weatherproof PVC cover. Controlled through the vehicle automation system - no exceptions. 1 - Wire chase wire management raceway system. Product features: • Satin anodized finish. The finish resists rust, corrosion and fading. Material extruded from 6063-T5 aluminum alloy. • Removable dual cover. Makes wiring easy and accessible and provides maximum flexibility for adding or relocating outlets and circuits. The cover retention is 45 lbs. straight pull for one minute. • UL Listed multioutlet assemblies. File E68073 Guide PVGT, Fittings: File E121188 Guide RJPR. Meets Article 380 of NEC and meets Section 12-3032 of CEC. • UL and cUL Listed component raceways. File E73943 Guide RJBT, Fittings: File E74343 Guide RJPR. Meets Article 386 of NEC and meets Section 12-600 of CEC. AC WIRING REQUIREMENTS: 1 - All AC main wiring shall be stranded THHN wire and run in non-metallic Carlon Carflex liquid tight conduit. 1 - All AC branch circuit wiring shall be stranded THHN wire (AWG 12 minimum) and run in non-metallic Carlon Carflex 9.c Packet Pg. 167 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 30 liquid tight and Carlon Flex-Plus blue ENT conduit. 1 - All electrical circuits and appliances shall conform to applicable national electrical codes. DC ELECTRICAL SYSTEM: 4 - 6Vdc Absorbed Glass Mat (AGM) batteries. Batteries shall be installed underbody in slide out weather resistant compartment. Two (2) batteries will be separated for auxiliary equipment and two (2) batteries will be for communications equipment. 2 - Electronic converter/chargers, 80 amp minimum output each. Converter/charger features: • Charges three banks of batteries at the same time. • UL listed for safety. • Manual reset circuit breaker. • Reverse battery protection. • Electronic current limiting. • High voltage protection. No exceptions to any of the converter/charger installation and specifications. 1 - All DC electrical shall be controlled and monitored through the vehicle automation system. The POWER (home) screen shall display the chassis battery voltage and amperage load, auxiliary battery bank voltage and amperage load, and the communications battery bank voltage and amperage load. 23 - 6" round neutral white LED light fixtures with polished bezel located on ceiling throughout vehicle. Lights to be divided into two (2) zones and switched through automation controls at cab area or work station area. Vehicle automation system LIGHTING screen to have light on/off icon with indicators for each room. There shall also be an option to reduce the light level on the touch screen. No exceptions. 5 - Whelen 810 Series white quartz halogen scene light with 8- 32° optics, model number 810CA0ZR. Lights to be divided into three (3) zones and switched through 9.c Packet Pg. 168 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 31 automation touchscreen. Vehicle automation system LIGHTING screen to have light on/off icon with indicator for each zone. No exceptions. 12VDC WIRING REQUIREMENTS: • 2-gauge minimum copper stranded battery cable shall be used for 12Vdc main supply lines. All cable runs shall be full length, no splices. All cable terminals shall be staked and soldered. All cable shall be enclosed in convoluted polyethylene tubing and the ends of the cable shall be sealed with color-coded shrink-wrap identifying the function of the cable. • All added electrical circuits shall be protected from over-current by resettable circuit breakers appropriately rated for the load. Only circuit breakers shall be used in the installation of added electrical wiring (plug type fuses are unacceptable). • Circuit breaker functions shall be identified by engraved or printed labels. • All added wiring for load runs of AWG 10, 12, 14, and 18, shall conform to MIL-W-16878/2 and/or UL1007/1569” • All added wiring for load runs of AWG 8, shall conform to MIL-W-16878/3 and/or UL1028 • Wire terminals for added circuits must conform to MIL-T-7928. Terminals shall be insulated, insulation grip, TYPE II, CLASS 2 and shall be crimped with tooling recommended by the terminal manufacturer. • All wiring shall be numbered or lettered on 6" centers minimum. • Wiring shall be protected from chafing and abrasion with convoluted polyethylene tubing (wire loom) as required. • Where wire passes through sheet metal, bulkheads and structural supports, plastic grommets shall be used to 9.c Packet Pg. 169 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 32 protect both wiring and wire looms. • All wire bundles shall be tied with trimmed nylon ties. • Extreme care shall be exercised to provide for easy serviceability of the system in future years. • Extreme care must be taken in the installation to avoid the engine manifold, engine exhaust, and muffler, which could expose the wiring to severe overheating during long periods of operation. Proper insulation and heat deflection panels must be installed in such areas. • A high-current 12Vdc system wiring schematic shall be provided. • These are the minimum acceptable 12Vdc wiring requirements. EMERGENCY LIGHTING / SIRENS: 1 - Whelen 295SLSA6 siren with 9 low current lighting control switches. California Title 13 compliant. 1 - Whelen SA315P high performance, multi-port 100 watt speaker with Whelen SAK1 mount. 1 - Whelen TIR3 series Super-LED lighthead with internal flasher, red LED's with clear outer lens, model RSR03ZCR. Includes chrome flange RFLANGCD. This light shall be California Title 13 compliant. 1 - Whelen TIR3 series Super-LED lighthead with internal flasher, blue LED's with clear outer lens, model RSB03ZCR. Includes chrome flange RFLANGCD. 7 - Whelen 600 series Linear Super-LED lighthead with internal flasher, red LED's with clear outer lens, model 60R02FCR. Includes chrome flange 6EFLANGE. 7 - Whelen 600 series Linear Super-LED lighthead with internal 9.c Packet Pg. 170 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 33 flasher, blue LED's with clear outer lens, model 60B02FCR. Includes chrome flange 6EFLANGE. 1 - Custom fabricated bracket to mount 600 series light above windshield, painted to match body. AUDIO / VIDEO: 1 - Samsung UN24H4500AFXZA - 24" LED TV (or current model) with wall mount bracket. Product features: • Resolution 1366 x 768 • Component , Composite • (2) HDMI, (2) USB • (2) speakers • DTV Tuner/ATSC / Clear QAM • Dimensions: 22.1"(W) x 13.7"(H) x 1.9"(D) Weight 8.6lbs 1 - Samsung UN43J5200AFXZA - 43" LED TV (or current model) with wall mount bracket. Product features: • Resolution 1920 x 1080 • Component , Composite • (2) HDMI, (1) USB • Sound Output (2) Speakers • DTV Tuner/ATSC / Clear QAM • DirecTV Ready, Wi-Fi Ready, Smart TV • Dimensions: 38.8" x 22.3" x 2.3" (W x H x D), weight 16.5 lbs 1 - Prewire and make installation provisions for customer installed DSS/Satellite Broadband system. Includes: • Roof mounted weather proof junction box with two (2) 3/4" Carlon Carflex ENT conduit runs terminated in equipment rack/cabinet. 9.c Packet Pg. 171 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 34 • Additional roof support structure as required. 1 - Middle Atlantic rack shelf (for DSS receivers, DVD players and other devices). 1 - JACK® model OA8500 Digital HDTV Antenna + Mount with SureLock™ DTV Signal Meter. No crank up, built in Amplifier and 360° rotation for improved reception. MAST AND MAST MOUNTED EQUIPMENT: 1 - Prewire and make installation provisions for customer installed 25’ mast on rear of vehicle. Includes: • Carlon Carflex ENT conduit routed from mast location to equipment rack cabinet for mast controller and camera wiring (mast controller and camera not included). • Mast mounting brackets installed on rear of truck with additional internal support structure. • Receptacle for mast compressor on dedicated circuit (compressor not included). • Airline routed from compressor to mast location. RADIOS: 1 - Primary 12Vdc power leads for communications radios shall be minimum 2-gauge copper stranded wire with soldered crimp- on end connectors (gauge based on radio requirements). Cables shall be enclosed in convoluted tubing and function identified with colored shrink-wrap. Power to radios shall be controlled through the vehicle automation system – no exceptions. 2 - Prewire and make installation provisions for communications radio. Installation includes: • NMO-style base on the roof or antenna raceway, as applicable. • LMR195 antenna cable routed to radio transceiver location in Carlon Carflex ENT conduit. • 12Vdc power routed to radio transceiver location. 1 - Install hinged panels under countertops to conceal radio transceivers where applicable. 1 - Fabricate and install 3" x 3" square aluminum tubing antenna 9.c Packet Pg. 172 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 35 raceway on the roof of the vehicle, raceway to be fully welded and weather tight, raceway to be welded to the roof. Access port from raceway into vehicle will be fully welded and will be located in rack area. Includes: • 3" high x 3" long aluminum access cover at each antenna base location on the side of the tubing for access to antenna base and coax cable. • Access covers with watertight gasket and attached with four (4) stainless steel machine screws. Raceway tube to have nut- serts installed for access cover attachment. No exceptions to any of the antenna raceway requirements. Include photos detailing raceway fabrication and installation with response – no exceptions. COMPUTER NETWORK AND EQUIPMENT: 8 - RJ-45 CAT6 computer network jack with CAT6 cable routed through Carlon Flex-Plus ENT conduit or raceway (as applicable). 1 - Leviton 69586-U12 (or current model) 12-port Cat6 rack mount patch panel. 8 - Certified 18" CAT6 patch cord. 1 - Certified 36" CAT6 patch cord. 1 - Cable Certification Report confirming that network wiring complies with CAT6 specifications. Certification report to be generated using Agilent Technologies WireScope 350 (or equivalent). Report must include the cable length for each CAT6 cable in the vehicle and must indicate that each cable passes the following test: i Attenuation (dB) i PowerSum NEXT (dB) i Return Loss (dB) i PowerSum ELFEXT (dB) Include a sample cable certificat ion report with response - no exceptions. 1 - Pre-wire and make installation provisions for customer 9.c Packet Pg. 173 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 36 supplied multi-function printer. 1 - Make installation provisions for customer installed Satellite broadband system. Includes: • Roof mounted weather proof junction box with two (2) 3/4" Carlon Carflex ENT conduit runs terminated in equipment rack/cabinet. • Additional roof support structure as required. 1 - Prewire and make installation provisions for customer owned wireless router. Includes roof mounted NMO antenna base and 12Vdc power. MISCELLANEOUS ELECTRONICS: 1 - Custom fabricated mounting system to secure Middle Atlantic SRSR-4-25 (or current model) twenty-five (25) space 19" wide x 26.5” depth (24” useable depth) open framed EIA electronics equipment rack with sliding rail system and swivel base. Rack to easily slide out and swivel from its fixed position allowing full access to rack mounted equipment. 250lb weight limit. EXTERIOR STORAGE COMPARTMENTS: 1 - Single door underbody storage compartment with approximate interior dimensions 15" high x up to 48" wide x 25" deep constructed from 0.125" aluminum with all welded seams. Compartments listed above will be constructed to the following specifications: • Sweep out type bottoms with 1/2” drain holes. • 2" box pan doors and door frames fabricated from 0.125" aluminum. • Door frames shall be riveted to the body and welded to the compartments. • Compartments shall have an LED light that illuminates 9.c Packet Pg. 174 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 37 when the door is opened. Compartment doors will be constructed to the following specifications: • Stainless steel hinges attached with stainless machine screws. • Slam latches and flush mounted handles. • 0.100" bright polished aluminum diamond plate on interior surfaces fastened with stainless hardware. • All doors shall be sealed with industrial grade neoprene gasket. MISCELLANEOUS OTHER: 1 - 15" wide roof access ladder mounted on rear. Ladder features: • All welded construction for maximum strength • 1" diameter X 0.083" brush finished tubular aluminum rails • Aluminum grip-strut rungs 2 - 5 pound dry chemical fire extinguisher. 2 - Battery powered combination Carbon Monoxide and Smoke alarm. 1 - Complete manual set, including the following (as applicable): • As-built specifications with interior and exterior drawings as used for production of the vehicle. • Chassis and body owner's manuals. • 12Vdc and 120Vac legends showing wire gauge, color, number and function. • 12Vdc high current wiring diagram illustrating the battery system, isolators, power converters, alternator, disconnect switches and control panels. • Roof top antenna placement drawing and legend 9.c Packet Pg. 175 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 38 identifying antenna placements and termination points. • Audio/Video cabling diagram. • Chassis and generator maintenance and service logs. • Battery maintenance information. • All individual component manuals and warranty registration cards as provided by component manufacturers. Customer is responsible for completing warranty cards and mailing them to manufacturers. 1 - Warranty covering 1 year or 12,000 miles for manufacturer's defects in materials and workmanship. Provide warranty statement with response. SECTION III. BID CONTENT AND FORMS 9.c Packet Pg. 176 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 39 A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; 9.c Packet Pg. 177 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 40 e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating “technical” exceptions on the Technical Specifications form, and “contractual” exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall 9.c Packet Pg. 178 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 41 furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder’s identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be “Net 30 Days”. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 9.c Packet Pg. 179 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 42 Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. PRICE FORM REQUEST FOR RFQ: RFQ F-18-17 DESCRIPTION OF RFQ: Mobil Command Vehicle – Regional Incident Management Apparatus (RIMA) BUSINESS NAME/ADDRESS: NAME AUTHORIZED REPRESENTATIVE REPRESENTATIVE SIGNATURE 9.c Packet Pg. 180 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 43 TELEPHONE: _____________________________________ EMAIL: _____________________________________ FAX: _____________________________________ Price Form on next page PRICE LIST (continued) PLEASE COMPLETE AND UPLOAD THE FOLLOWING RESPONSES TO www.sbcity.org/bids Description Quantity Price 2019 Freightliner MT-55 Mobile Command Vehicle 1 Sales Tax 8.0% Shipping/Delivery Total: 9.c Packet Pg. 181 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 44 Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. ___________ ___________ ___________ Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: _________________ _________________ PRICE LIST (continued) This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm through www.sbcity.org/bids 9.c Packet Pg. 182 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 45 This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: ________________________________ PRINT SIGNER’S NAME AND TITLE: _______________________________ _______________________________ DATE SIGNED: ________________________________ COMPANY NAME & ADDRESS: ________________________________ ________________________________ PHONE: FAX: EMAIL:_______________ Web Address:__________________ IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 9.c Packet Pg. 183 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 46 SECTION IV. GENERAL SPECIFICATIONS 9.c Packet Pg. 184 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 47 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-18-17. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer’s responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 9.c Packet Pg. 185 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 48 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. “Seconds”, factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer’s and/or dealer’s warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All “standard equipment” is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as “standard” equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, 9.c Packet Pg. 186 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 49 ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City’s sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all provisions of RFQ No. F-18-17. In most cases the basis of award will be the City’s standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFQ F-18-17, the Contractor’s bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 9.c Packet Pg. 187 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 50 24. Inquiries. Direct all inquiries to Vanessa Slouka at 909-384-5346. Technical questions may be sent via fax to 909-384-5043 or email to Slouka_va@sbcity.org. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and uploaded to www.sbcity.org/bids. BIDS MUST BE SUBMITTED THROUGH THE CITY’S PORTAL OR THEY SHALL NOT BE ACCEPTED 26. Time. All bids must be received in the Purchasing Division via www.sbcity.org/bids BEFORE than 3:00 PM, PST, June 4, 2018, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor’s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City’s willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the City’s Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. Proposal Guaranty/Bid Bond: Prior to the proposal submission deadline, bidders must submit an original bid bond executed by a corporate surety admitted to engage in such business in the State of California, Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance 9.c Packet Pg. 188 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 51 No. 821, Section 2400, and the corporation issuing said bond shall have a rating in AM Best’s most recent insurance guide of “A” or better, for an amount equal to at least ten percent of the amount of its proposal. No proposal shall be considered unless such proposal guaranty is received by the proposal submission deadline. Proposals submitted without a proposal guarantee shall be declared non-responsive and will not be further considered. The bidder shall have sole responsibility for the timely delivery of its proposal guarantee. If a bid bond will not be submitted, the City will accept a cashier's or certified check made payable to the City of San Bernardino—said check must be delivered to the Purchasing Division (3rd floor) at 290 N. D Street, San Bernardino CA 92401 prior to the submission deadline. Late checks will not be accepted. Any proposal may be withdrawn prior to the hour and date set forth in the Notice Inviting Bids. The timely withdrawal of a proposal shall not prejudice the right of a bidder to file a revised proposal. Faithful Performance Bond: Upon award, the winning Contractor will be required to furnish a faithful performance bond made payable to the City of San Bernardino in an amount equal to 100% of the bid price to insure the contractor’s faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best’s most recent insurance guide of “A” or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job, the City’s Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 38. In the event a bidder wants to protest the bid results bidder/protestant may file a written protest with the City’s Procurement/Contract Services Manager (The Manager) no more than five calendar days following the posting of bid results on the City’s website. The written protest must set forth, in detail, all grounds for the protest, including without limitation all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by competent, admissible and credible evidence. 9.c Packet Pg. 189 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative 52 Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to this procedure shall be rejected as invalid. The Manager shall review the merits and timeliness of the protest and issue a written decision to the Protestant within 7 calendar days of receipt of the protest. The decision of the Manager may be appealed to the Chief Financial Officer (“CFO”). The Protestant may appeal the decision of the Manager to the CFO by filing a letter of appeal within 10 calendar days of the date of the Manager’s decision. The letter of appeal should be addressed to the CFO and shall set forth, in detail, all grounds for the appeal, including without limitation all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by competent, admissible and credible evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to this procedure shall be rejected as invalid. The CFO shall review the merits and timeliness of the letter of appeal and issue a written decision to the Protestant within 14 calendar days of receipt of the letter of appeal. The decision of the CFO is final. 9.c Packet Pg. 190 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize Acceptance of Urban Areas Security Initiative Proposal # _________ Date Issued___________ Close Date __________ Recommended Vendor List VENDOR NAME ADDRESS CITY STATE ZIP PHONE # FAX # CONTACT Requi red) San Bernardino Area Chamber of Commerce 546 W. Sixth St. San Bernardino CA 92410 909-885-7515 1 La Boit Specialty Vehicles 700 Cross Pointe Rd. Gahanna OH 43230 614-231-7640 614-231-7680 2 LDV Inc 180 Industrial Dr. Burlington WI 53105 800-558-5986 support@ldvusa.com 3 Frontline Communications 12770 44th Street North Clearwater FL 33762 727-573-0400 727- 571- 3295 4 Sirchie Vehicle Division 612 Gravelly Hollow Rd Medford NJ 08055 800-356-7311 919-554-2266 5 Matthews Specialty Vehicles, Inc. 101 South Swing Rd. Greensboro NC 27409 336-297-9600 336-297-4674 information@msvehicles.com 6 Faber Specialty Vehicles 7052 Americana Parkway Columbus OH 43068 614-863-6470 614-759-2098 7 8 9 10 11 12 13 14 15 16 17 18 9.c Packet Pg. 191 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 2-RFQ F18-17 (5914 : Authorize BID DATA SHEET Department: Police Department RFP / RFQ # F-17-29 Description: Mobile Command Vehicle - Regional Incident Management Apparatus (RIMA) Bid Issue (advertisement) Date: 05/17/18 Bid Due Date: 06/04/18 Methods of Public Advertisement: The SB County Sun SB Area Chamber of Commerce (SBACC) City of SB Website & SB Connect “Notice Inviting Bids / Proposals” sent by Purchasing: Fax Email US Postal Service – Certified Mail Local Vendors (within SB City Limits): 00 Non-Local Vendors: 06 Total Vendors 06 Number of Bids / Proposals Received: Local Vendors (within SB City Limits): 00 Non-Local Vendors: 01 Total Bid Packages Received: 00 # of Vendors who declined to bid (No Bid): 00 Prepared by: Vanessa Slouka Date: 06/6/18 9.d Packet Pg. 192 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative 9.d Packet Pg. 193 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Bid Number RFQ F-18-17 Bid Name Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Published By City of San Bernardino Solicitation Type Open to all suppliers Contract Type Quotation Value Range Not Applicable Published Date 05/16/2018 Closing Date 06/04/2018 03:00:00 PM PT Estimated Contract Amount $0.00 Remind Notice Date Not Applicable NOI Not Applicable NDA Requirement No Site Meetings Not Applicable Accept questions Deadline: 05/24/2018 03:00:00 PM 1. Vanessa Slouka (slouka_va@sbcity.org) Document Taker List (Doc. Taker Detailed Report ) BidderBidder AddressAddress Phone/FaxPhone/Fax EmailEmail ActivityActivity Bid NameBid Name DateDate FeedbackFeedback Date ReceivedDate Received Created ByCreated By 1. Commercial Emergency Equipment 591 Chester Road Delta British Columbia V3M 6G7 Tel: 604-526-6126 / Fax: 604-526- 1746 mspeare@comtruck.ca eBidding Training Webinar Invitation Morayah Speare(mspeare@comtruck.ca) has been invited to an eBidding training webinar 05/16/2018 06:53:08 mspeare@comtruck.ca Opened Bid Package Vendor opended bid package through E- Bidding System 05/16/2018 06:53:10 mspeare@comtruck.ca Doc. Taker Detailed Report 9.d Packet Pg. 194 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance BidderBidder AddressAddress Phone/FaxPhone/Fax EmailEmail ActivityActivity Bid NameBid Name DateDate FeedbackFeedback Date ReceivedDate Received Created ByCreated By Response The supplier is not interested in this bid.05/16/2018 06:54:56 Not Interested 05/16/2018 06:54:56 mspeare@comtruck.ca 2. Crew Chief Conversions Ltd.2380 Drew Rd Mississauga Ontario L5S-1B8 Tel: 905-671-9700 / Fax: 905-671- 3500 tina@crewchief.com eBidding Training Webinar Invitation Rene Contreras(rene@crewchief.com) has been invited to an eBidding training webinar 05/16/2018 01:39:18 rene@crewchief.com Opened Bid Package Vendor opended bid package through E- Bidding System 05/16/2018 01:39:19 rene@crewchief.com Download document Download document F-18-17..doc 05/16/2018 01:40:55 rene@crewchief.com 3. Farber Specialty Vehicles 7052 Americana Parkway Reynoldsburg Ohio 43068 Tel: 614-578-7950 / Fax: dchapman@farberspecialty.com eBidding Training Webinar Invitation David Chapman(dchapman@farberspecialty.com) has been invited to an eBidding training webinar 05/17/2018 10:26:01 dchapman@farberspecialty.com Opened Bid Package Vendor opended bid package through E- Bidding System 05/17/2018 10:26:03 dchapman@farberspecialty.com Download document Download document F-18-17..doc 05/17/2018 10:32:21 dchapman@farberspecialty.com Download document F-18-17..doc 05/17/2018 10:47:01 dchapman@farberspecialty.com 4. LDV, Inc.180 Industrial Drive Burlington Illinois 53105 Tel: 262-763-0147 / Fax: 262-767- 2529 lking@ldvusa.com eBidding Training Webinar Invitation Lisa King(lking@ldvusa.com) has been invited to an eBidding training webinar 05/17/2018 01:12:32 lking@ldvusa.com Opened Bid Package Vendor opended bid package through E- Bidding System 05/17/2018 01:12:33 lking@ldvusa.com Download document Download document F-18-17..doc 05/17/2018 01:13:14 lking@ldvusa.com Download document F-18-17..doc 05/17/2018 01:13:14 lking@ldvusa.com 5. PK Welding and Fabricators 747 Bloor St W Oshawa Ontario L1J 5Y6 Tel: 905 431 9663 / Fax: peter@pkvans.com eBidding Training Webinar Invitation Peter Mitchell(peter@pkvans.com) has been invited to an eBidding training webinar 05/17/2018 08:07:18 peter@pkvans.com 9.d Packet Pg. 195 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance © Copyright 2018 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] BidderBidder AddressAddress Phone/FaxPhone/Fax EmailEmail ActivityActivity Bid NameBid Name DateDate FeedbackFeedback Date ReceivedDate Received Created ByCreated By Opened Bid Package Vendor opended bid package through E- Bidding System 05/17/2018 08:07:20 peter@pkvans.com Download document Download document F-18-17..doc 05/17/2018 08:07:58 peter@pkvans.com Download document F-18-17..doc 05/17/2018 08:08:09 peter@pkvans.com Download document F-18-17..doc 05/17/2018 08:08:09 peter@pkvans.com 6. SIRCHIE FINGERPRINT LABS 100 Hunter Place Youngsville North Carolina 27596 Tel: 9195542244 / Fax: mkleinke@sirchie.com eBidding Training Webinar Invitation Mark Kleinke(mkleinke@sirchie.com) has been invited to an eBidding training webinar 05/22/2018 04:05:34 mkleinke@sirchie.com Opened Bid Package Vendor opended bid package through E- Bidding System 05/22/2018 04:05:36 mkleinke@sirchie.com Download document Download document F-18-17..doc 05/22/2018 04:06:30 mkleinke@sirchie.com 7. South Coast Fire Equipment 2020 S. Baker Ave. Ontario California 91761 Tel: 9096739900 / Fax: info@southcoastfire.net eBidding Training Webinar Invitation Kevin Newell(info@southcoastfire.net) has been invited to an eBidding training webinar 05/18/2018 02:32:53 info@southcoastfire.net Opened Bid Package Vendor opended bid package through E- Bidding System 05/18/2018 02:32:55 info@southcoastfire.net Download document Download document F-18-17..doc 05/18/2018 02:33:42 info@southcoastfire.net Download document F-18-17..doc 05/18/2018 02:39:06 info@southcoastfire.net 8. Tri-Star Industries Limited 88 Forest Street Yarmouth Nova Scotia B5A 4G6 Tel: (902) 742- 9254 / Fax: ctmurphy@tri-star.ca eBidding Training Webinar Invitation Colin Murphy(ctmurphy@tri-star.ca) has been invited to an eBidding training webinar 05/16/2018 05:29:52 ctmurphy@tri-star.ca Opened Bid Package Vendor opended bid package through E- Bidding System 05/16/2018 05:29:53 ctmurphy@tri-star.ca 9.d Packet Pg. 196 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance City of San Bernardino BID DOCUMENT with Vendor's Response ( LDV, Inc. ) Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Bid Number: RFQ F-18-17 Closing Date: 06/04/2018 15:00:00 PT 290 North D Street San Bernardino, California, 92401 Telephone: (909) 384-5086 Fax: n/a 9.d Packet Pg. 197 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative TABLE OF CONTENTS 1 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) City of San Bernardino Page 2 9.d Packet Pg. 198 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative 1 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) Furnish and deliver one (1) 2019 Freightliner MT-55 Mobile Command Vehicle per the attached specification. Bidder must respond through this portal.No other method of submittal will be allowed. Orginal attached file(s) Seq.File Description Required 1 F-18-17..doc Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. PLEASE COMPLETE YOUR RESPONSES AND UPLOAD TO THIS SECTION. Required Item Number Item Name UOM Quantity Unit Price 1 2019 Freightliner MT-55 Mobile Command Vehicle each 1.00 $300,652.00 2 sales tax 8%lot 1.00 $24,052.16 3 shipping and delivery lot 1.00 $3,405.00 Total $328,109.16 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) City of San Bernardino Page 3 9.d Packet Pg. 199 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative June 14, 2018 City of San Bernardino, Finance Department Purchasing Division RFQ F-18-17 Mobile Command Vehicle- Regional Incident Management Apparatus (RIMA) LDV is agreeable to include the following as part of our proposal at no additional charge to the City of San Bernardino: 1. Performance Bond. 2. Travel costs for two people to attend the pre-construction meeting at our facilities in Burlington, WI (expenses covered include airfare, hotel, rental car and $75.00 per Diem per day, per person). Thank you for your consideration. Please contact me with questions or if you require additional information. Sincerely, Rick Zinnen Senior Sales Specialist LDV, Inc. Telephone: (262) 757-2432 Mobile: (262) 206-9297 Email: rzinnen@ldvusa.com 9.d Packet Pg. 200 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative 03/09/10 drm DEPARTMENT AWARD CHECKLIST BID #_RFQ F-18-17 Description: Mobile Command Vehicle –Regional Incident Management Apparatus (RIMA) Vendor Debarment Verification (Grants only) (1) Local Vendor Verification - within SB City limits (1) Local Vendor Preference (LVP) given? (1)(Companies within our City limits; for comparison purposes only: 1% credit for goods or materials, or 5% for services* must be reflected on bid/quote sheet) City of San Bernardino Business License Verification(2) W-9 Form (2) Faithful Performance/Bid Bond Required? (1) Yes No Contractor’s License (where applicable)(1) $1,000,000 Insurance Policy (1) Comprehensive, public, general & auto liability Worker’s Compensation Insurance (1) Vendor / Consultant Agreement Required? (2) Yes No 1) Must be obtained prior to Council award 2) Must be obtained prior to issuance of a purchase order, commencement of service, or receipt of goods, supplies, materials, and payment of invoices. This checklist may not be reflective of all documents necessary for submittal. All insurance certificates must be approved by Risk Management 9.d Packet Pg. 201 Attachment: PD.Acceptence of UASI FY2017 Grant-Attachment 3-RIMA bid (5914 : Authorize Acceptance of Urban Areas Security Initiative VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LVD, INC. FOR 2019 REGIONAL INCIDENT COMMAND VEHICLE FOR THE SAN BERNARDINO POLICE DEPARTMENT. This Vendor Services Agreement is entered into this __ day of _ by and between __LVD, Inc.__ (“VENDOR”) and the City of San Bernardino (“CITY” or “San Bernardino”). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract with the Vendor for the purchase of a 2019 Freightliner MT-55 Mobile Command – Regional Incident Management Apparatus; and WHEREAS, the City did solicit and accept quotes from available vendors for a specialty vehicle purchase per RFP F-18-17. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide one 2019 Freightliner MT-55 Mobile Command – Regional Incident Management Apparatus as requested by the Police Department. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $328,109.16. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for the period November 1, 2018 through June 30, 2019. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 9.e Packet Pg. 202 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 2 own expense, including attorney’s fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 9.e Packet Pg. 203 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 3 8. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Andrea M. Miller Rick Zinnen City Manager Senior Sales Specialist City of San Bernardino LDV, Inc 290 North “D” Street 180 Industrial Dr. San Bernardino, CA 92418 Burlington, WI 53105 Telephone: (909) 384-5122 Telephone: (262) 763-0147 9. ATTORNEYS’ FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 9.e Packet Pg. 204 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 4 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the o ffending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 9.e Packet Pg. 205 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 5 Super Circular 2 CFR 200 New Contract Requirements ______________________________________________________ Subpart D - 200.326 APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS A grantee’s and subgrantee’s contract must contain the following provisions. Federal agencies may require changes, remedies, different conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Reference 2 CFR 200 Subpart D 200.338 Remedies for Noncompliance A-F). (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CF R Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR 60 -1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the 9.e Packet Pg. 206 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 6 Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Ac t (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ine ligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to t he tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - 9.e Packet Pg. 207 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 7 Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.322 Procurement of recovered materials. A Non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.e Packet Pg. 208 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 8 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LVD, INC. FOR 2019 REGIONAL INCIDENT COMMAND VEHICLE FOR THE SAN BERNARDINO POLICE DEPARTMENT. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 VENDOR. By: ___________________________ Its: ___________________________ Dated ____________, 2017 CITY OF SAN BERNARDINO By:___________________________ Andrea M. Miller, City Manager Approved as to Form: Gary Saenz, City Attorney By: ______________________ 9.e Packet Pg. 209 Attachment: PD.Acceptance of UASI FY2017 Grant-Attachment 4-LVD Vendor Srv Agrmt (5914 : Authorize Acceptance of Urban Areas Security 10.a Packet Pg. 210 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.REPORT (5915 : First Amendment to the Spicer Consulting On November 14, 2018, an agreement was executed between the City of San Bernardino and Spicer Consulting Group to be available on an as-needed basis to assist with the administration and formation/annexation of these special financing districts, and a Purchase Order (2019-717) in the amount of $49,500 was established. Discussion The City of San Bernardino currently contracts with SCG for exclusive administrative support services for the 68 existing active LMDs, as well as formation/annexation of new CFDs. Serving as a Project Manager, SCG prepares the schedule of events, procedural and financial considerations, conducts a needs assessment, and determines the eligibility of any limitation on the funding of the maintenance services specific to the general vs. special benefit. SCG works with City staff in the preparation and review of annual maintenance district budgets, prepares the annual application for the tax rolls in a format acceptable to the Auditor/Controller’s Office, and prepares the Annual Engineer’s Reports pursuant to Government Code Section 61115 and the provisions of California Article XIIID (Proposition 218). SCG is currently utilized to obtain information for creating the database for mapping the proposed boundary for each district, formulating the district’s proposed rate and method of apportionment, and the review and preparation of all other documents and maps required for the formation/annexation – including the report for Public Hearing, lists for landowner elections, the Notice of Special Tax Lien, and records notices. SCG is currently working to generate a comprehensive database of City of San Bernardino parcel information for all maintenance districts, maintaining all data related to individual parcels including assessment information, principal assessment, acreage, land use codes, dwelling units, EDU values, and property owner information, and will provide the City with annual updates of any assessor’s parcel changes recognized within each district. SCG possesses a tremendous amount of experience in administering these types of special financing districts for cities, providing the support for the much-needed revenues these districts provide for maintenance services. Staff is seeking an amendment to the agreement to increase the contract amount by $96,000 not to exceed the amount of $145,500. This will allow the Engineering Division to continue to utilize Spicer Consulting Group for as-needed consulting services related to Maintenance District Administration and formation/annexation of Community Facilities Districts and Assessment Districts. Fiscal Impact Funding for the consultant services is recovered in administrative costs included in district annexation/formation fees paid by developers, as well as the indirect costs assessed to each district during the FY 2019/20 levy process. 1/10/2019 3:36 PM 10.a Packet Pg. 211 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.REPORT (5915 : First Amendment to the Spicer Consulting Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2019-9, authorizing and directing the City Manager to execute the First Amendment to the Consultant Services Agreement with Spicer Consulting Group for as- needed consulting services related to Maintenance District Administration and formation/annexation of Community Facilities Districts and Assessment Districts. Attachments Attachment 1 – First Amendment to Consultant Services Agreement; Exhibit “A” Attachment 2 – Original Consultant Services Agreement Attachment 3 – Resolution Ward: All Synopsis of Previous Council Actions: • None 1/10/2019 3:36 PM 10.a Packet Pg. 212 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.REPORT (5915 : First Amendment to the Spicer Consulting AMENDMENT NUMBER ONE TO THE CONTRACTOR SERVICES AGREEMENT City of San Bernardino and Spicer Consulting Group CITY: CITY OF SAN BERNARDINO 290 North “D” Street, 3rd Floor San Bernardino, California 92401 CONTRACTOR: Spicer Consulting Group 41619 Margarita Road, Suite 101 Temecula, California 92591 SERVICES: Maintenance District Formation/Annexation and Maintenance Support Consulting Services AMOUNT: $145,500 (as amended) EXPIRATION DATE: JULY 31, 2019 MANAGING DEPARTMENT: Public Works 10.b Packet Pg. 213 Attachment: PW. Consultant Service Agreement with Shane Spicer Consulting Group Amendment One.EXHIBIT A (5915 : First Amendment to AMENDMENT NO. ONE TO SPICER CONSULTING GROUP Amendment No. One to the Consultant Services between the City of San Bernardino, a charter city and municipal corporation organized under the Constitution of the State of California (“City”), and Spicer Consulting Group, (“Contractor,” and together with City, the “Parties,” and each, a “Party”). WHEREAS, the Parties have entered into an Agreement, dated as of November 14, 2018, to provide Assessment District Consulting Services (the “Existing Agreement”); and WHEREAS, the Parties hereto desire to amend the Existing Agreement to increase the contract amount on the terms and subject to the conditions set forth herein; and WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment contemplated by the Parties must be contained in a written agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement. 2. Amendments to the Existing Agreement. As of the Effective Date (defined below), the Existing Agreement is hereby amended or modified as follows: Section 4.3 Amount of Compensation is amended to replace the term “FORTY NINE THOUSAND FIVE HUNRED DOLLARS ($49,500)” with “ONE HUNDRED FORTY FIVE THOUSAND FIVE HUNDRED DOLLARS ($145,500).” 3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the date fully executed by the Parties (the “Effective Date”). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Effective Date, each reference in the Existing Agreement to “this Agreement,” “the Agreement,” “hereunder,” “hereof,” “herein,” or words of like import will mean and be a reference to the Existing Agreement as amended by this Amendment. [Signature Page Follows] Page | 1 Amendment No. 1 to Shane Spicer Consulting Group Agreement 10.b Packet Pg. 214 Attachment: PW. Consultant Service Agreement with Shane Spicer Consulting Group Amendment One.EXHIBIT A (5915 : First Amendment to IN WITNESS WHEREOF, this Agreement is executed by City and Contractor acting by and through their authorized officers. CITY OF SAN BERNARDINO: Shane Spicer Consulting Group: Date: _____ / _____ / 2018 Date: _____ / _____ / 2018 _________________________________ By: ________________________________ Andrea M. Miller, City Manager Its: ________________________________ APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ______________________________ Page | 2 Amendment No. 1 to Spicer Consulting Group Agreement 10.b Packet Pg. 215 Attachment: PW. Consultant Service Agreement with Shane Spicer Consulting Group Amendment One.EXHIBIT A (5915 : First Amendment to 10.c Packet Pg. 216 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer 10.c Packet Pg. 217 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer 10.c Packet Pg. 218 Attachment: PW. 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Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer Ms. Trish Rhay City of San Bernardino Page 1   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   Via Electronic Mail November 16, 2018 Ms. Trish Rhay Public Works Director City of San Bernardino 290 North D Street San Bernardino, CA 92401 RE: Maintenance Assessment District (MAD) Administration for FY 2019-20 Dear Ms. Rhay: Thank you for considering Spicer Consulting Group (SCG) to serve the City of San Bernardino for administration services of the 98 Assessment Districts for FY 2019-20. SCG is pleased to submit this proposal for MAD Administration Services for FY 2019- 20. The project team at SCG possesses a tremendous amount of experience in administering these types of special financing districts for cities. Shane Spicer will act as Project Manager for the City special district administration support. I will be the City’s day-to-day contact and will be responsible for the accurate and timely delivery of work product, attendance, and participation at team meetings. I will work with the City public works department team and staff in providing the support for the much-needed revenues these types of district provide for maintenance services. Kick-off Meeting: The purpose of this task is to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs. SCG will meet with City Staff to prepare a schedule of events, procedural and financial considerations, conduct a needs assessment, and determine eligibility of any limitation on the funding of the maintenance services specific to general vs. special benefit. Data Collection and Review: SCG will collect and review data germane to the MADs. SCG will conduct a review of the proposed budgets, proposed boundaries, and possible maintenance and facility plans. We will obtain the latest assessor’s parcel maps and equalized tax roll information from the San Bernardino County Assessor’s Office for the parcels within the Districts, and Geographic Information System (GIS) shape files. Data Analysis: The purpose of this task is to assemble and analyze the data collected in the previous tasks for determining the method of apportionment and provide an analysis of proposed assessments to the City. SCG will identify the properties and determine the general and special benefits derived from the proposed improvements and maintenance services. SCG will confirm any assumptions made with the City and property owners and address any issues pertaining to costs, improvements and statute requirements. Budget Preparation: This task will allow SCG to work collaboratively with City staff to create budgets necessary in determining the proposed assessments. By using the cost-modeling information gathered from the previous tasks SCG will prepare preliminary cost estimates for maintenance of all improvements, landscaping, capital improvements (if any), incidental costs, operating reserves, capital improvement reserves and delinquency reserves. The costs will be spread according to the benefit derived by the benefiting properties based on a method of assessment consistent with the requirements of Proposition 218. Engineer’s Report: SCG will prepare the Preliminary Engineer’s Report for the Districts in accordance with the California Constitution Article XIIID (part of Proposition 218). The Preliminary Engineer’s Report will include the following items:       41619 Margarita Road, Suite 101 ♦ Temecula, CA 92591 ♦ 866.504.2067 ♦ www.spicercg.com 10.c Packet Pg. 252 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer Ms. Trish Rhay City of San Bernardino Page 2   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   A general description of the plans and specifications An estimate of costs and expenses Special and general benefit nexus Method of assessment An Assessment Diagram The assessment roll Meetings: The purpose of this task is to discuss the need for the increases with property owners. In addition to the kick-off meeting, SCG will attend up to three (3) City Council Meetings held for the purpose of disseminating information to the public. Prior to such meetings or hearings, information will be prepared and assembled for purposes of making a complete and factual presentation. We will also attend these meetings as required by the appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments. Report Reproduction: SCG will provide the City copies of the Engineer’s Report, to include the assessment roll, as well as one unbound copy of the Engineer’s Report for staff to reproduce, if required. Submit Annual Levy: SCG will, in consultation with City staff, determine the Levy requirement for the current Fiscal Year prior to the last working day of July. SCG will calculate and prepare the annual levy for each MAD separately in a format and media acceptable for direct submission to the Auditor-Controller's Office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Compensation We propose to be compensated a fixed fee of $96,000 as follows for services performed according to the scope of services listed above and in detail as Attachment A for the list of MADs included as Attachment B; Hourly Rates Title Rate Principal $195 Senior Associate $140 Associate $115 Assistant Analyst $85 Mapping Technician $60 10.c Packet Pg. 253 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer Ms. Trish Rhay City of San Bernardino Page 3   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   Administration Staff Allocation Matrix Task Description Shane Spicer Project Manager Jonathan Short Financial Analyst Mikel Spicer Assistant Analyst Jack Curtright GIS Specialist Total Hours Hours per MAD Proposed Fee $195 $115 $85 $60 Meetings Kick-off 3 3 0 0 6 $960 Staff Meetings 6 7 0 0 13 $1,920 Council Meetings 56 7 0 0 13 $1,920 Subtotal 15 17 0 0 32 0.4 $4,800 Data Collection Provided 3 5 2 0 9 $1,320 Generated 9 12 4 0 25 $3,480 Subtotal 12 17 6 0 34 0.4 $4,800 Budget Budget Preparation 49 67 23 0 139 $19,200 Subtotal 49 67 23 0 139 1.8 $19,200 Engineer's Report Methodology 23 23 16 7 69 $8,862 Benefit Nexus 68 69 47 22 207 $26,585 Budgets 6 6 4 2 17 $2,215 Diagrams 34 35 23 11 103 $13,292 Roll 17 17 12 6 52 $6,646 Subtotal 148 150 102 48 448 5.9 $57,600 Levy Enrollment Research and Submittal 25 25 17 8 75 $9,600 Subtotal 25 25 17 8 75 1.0 $9,600 Total 251 273 147 59 726 9.6 $96,000 For the services performed related to the projects which are not listed herein, compensation shall be at the hourly rates set forth, together with reimbursement, at cost, for incidental expenses incurred in connection with such services, together with reimbursement for outside services at cost plus 15%. It is our objective to provide the City with a high-quality work product while being solution oriented, and value added. We look forward to working with the City on this exciting project and establishing a long-standing relationship. If you have any questions regarding our proposal, or if additional information is needed, please contact me directly at (951) 520-3331 or email me at shane.spicer@spicercg.com. Sincerely, Spicer Consulting Group Shane Spicer Managing Director 10.c Packet Pg. 254 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer Ms. Trish Rhay City of San Bernardino Page 4   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   cc: Alex Qishta, City of San Bernardino Maya Lopez, City of San Bernardino Melissa Bellitire, Spicer Consulting Group CONCURRENCE OF CITY OF SAN BERNARDINO This authorizes Spicer Consulting Group to proceed with providing Maintenance Assessment District Administration Services for FY 2019- 20 and bill a total amount not to exceed $96,000.00 to the City. Any work performed will be in writing prior to beginning tasks. _____________________________________ Trish Rhay 10.c Packet Pg. 255 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer ATTACHMENT A   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   Maintenance Assessment Districts Kickoff Meeting-Communications: The purpose of this task is to coordinate with the City to gain understanding of the specific goals, components and criteria to meet the City’s needs. To that end, SCG will meet with the City staff to confirm the schedule of events for the City’s MADs including; administration expenses, reserve funds, identifying eligible annexations (if necessary), and discuss and identify the boundaries. SCG will collect and review data germane to the MADs. Annual Levy Timeline: SCG will coordinate with City staff to develop timelines, including key dates and timeframes for pertinent tasks throughout the year for the annual administration services. Apportion Special Assessments and Database Maintenance: SCG will maintain a comprehensive database of City of San Bernardino parcel information for the MADs in a form such that the annual levy submission to San Bernardino County follows the guidelines as outlined in the County’s fixed charge submission packet. SCG will maintain all data related to individual parcels including special assessment information, principal assessments, acreage, land use codes, zones, dwelling units, EDU values, property owner information, including situs address and tract number. Building Permits and Final Maps: SCG will obtain and review all building permits provided by the City, final maps and site development plans for all MADs. Assessor Parcels Maps: We obtain the latest assessor’s parcel maps and equalized tax roll information from the San Bernardino County Assessor’s Office for the parcels within the MADs. SCG will load this information to aid in identifying parcel changes allowing for timely calculation for the initial levy submittal, and not relying on rejected submittals from the County to identify these changes. Data Collection: SCG will utilize their vast understanding of all key documents and research data required for the successful comprehensive annual administration of the City’s MADs and will ensure that all information required from the MAD will be requested with ample time that all deadlines are maintained. Data Analysis and Billing Category Updates: SCG will analyze all data and documentation provided to ensure all necessary information has been requested and collected. Changes in building category from undeveloped to developed will be input. Parcel Information Updates: SCG will provide the City of San Bernardino with annual updates of any assessor’s parcel changes recognized within each MAD. Reserve and Budget Review: - [Needs to be Created] SCG will review the reserve balances for each of the City’s MADs. SCG will coordinate with City staff to ensure adequate levels are maintained through accurate cost-recovery accounting. SCG will assist City staff in preparation and review of the annual MAD budgets. SCG will also determine whether all other fund balances are properly identified and maintained. Administrative Expenses: SCG will determine, with the City’s approval, the amount needed to meet the anticipated administrative expenses for each MAD for the current Fiscal Year and prepare a summary of administrative costs. Recommend Benefit Assessments: SCG will prepare spreads based on benefit assessments for each MAD by Zone. A more specific analysis will be required to meet the requirement of Proposition 218 including additional noticing requirement to newly assessed public properties deemed to benefit from the public improvements. Levy Analysis: SCG will review the estimated levy and the maintenance costs and recommend any necessary changes or adjustment to the annual levy to ensure that he financial needs of each MAD are met. SCG will work with City staff to prepare a five-year plan or forecast for each MAD and make any recommendations regarding necessary adjustment to be made to the annual levy or methodology. Create Tax Roll Application: SCG will prepare the annual application for the tax rolls in an acceptable format acceptable to the Auditor/Controller-Recorder, including the preparation of the Proposition 218 Compliance letters for each MAD. 10.c Packet Pg. 256 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer ATTACHMENT A   City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   Submit Annual Levy: SCG will, in consultation with City staff, determine the Levy requirement for the current Fiscal Year prior to the last working day of July. SCG will calculate and prepare the annual levy for each MAD separately in a format and media acceptable for direct submission to the Auditor-Controller's Office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Annual Levy Corrections: If any corrections/revisions to the secured tax roll are determined to be necessary after the deadline, SCG will research, recalculate and rectify the issue. SCG will notify the City of any assessor’s parcel numbers that were rejected by the County and therefore will not be assessed. Direct Bills: SCG will prepare billing information for all property owners whose proposed annual assessment for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill) for the City to mail. Annual Engineer’s Report: - [Needs to be Created] SCG will prepare the Annual Engineer’s Report pursuant to Government Code Section 61115 and the provisions of California Article XIIID (Proposition 218). This report will include the following required items:  A general description of the MAD, which may include key historical facts, zone designations and discussion of the MAD benefits;  A description of the plans and improvement specifications;  MAD budgets and levy summary;  Changes to the MAD including notable and proposed modifications;  A description of the Method of Apportionment;  A diagram of the MAD (provided by the City); and  An assessment of the estimated cost to each parcel; Report Reproduction: SCG will provide the City with two (2) bound copies of the full Engineer’s Report including the assessment roll; one (1) copy for the City Clerk, and one (1) copy for City staff, and one (1) unbound copy of the Engineer’s Report for staff to reproduce, as needed.   10.c Packet Pg. 257 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer ATTACHMENT B     City of San Bernardino Maintenance Assessment District Administration for FY 2019-20   District District District  LANDSCAPE MAINT. DIST 1057   ASSESSMENT DISTRICT 976   ASSESSMENT DISTRICT 1002   LANDSCAPE MAINT. DIST 1059   ASSESSMENT DISTRICT 975   ASSESSMENT‐PROJECT 1990‐03   LANDSCAPE MAINT. DIST 1063   ASSESSMENT DISTRICT 981   ASSESSMENT DISTRICT 1012   LANDSCAPE MAINT. DIST 1064   ASSESSMENT DISTRICT 982   ASSESSMENT‐PROJECT 1991‐02   LANDSCAPE MAINT. DIST 1065   ASSESSMENT DISTRICT 971   ASSESSMENT DISTRICT 1007   LANDSCAPE MAINT. DIST 1058   ASSESSMENT DISTRICT 973   ASSESSMENT‐PROJECT 1995‐01   LANDSCAPE MAINT. DIST 1062   ASSESSMENT DISTRICT 986   ASSESSMENT DISTRICT 1016   MAINTENANCE ASSESSMENT DIST 1068   ASSESSMENT DISTRICT 952 ZN 2A   ASSESSMENT DISTRICT 1017   ASSESSMENT DISTRICT 1022 ZONE 1   ASSESSMENT DISTRICT 1041   ASSESSMENT DISTRICT 1019   ASSESSMENT DISTRICT 1022 ZONE 2   ASSESSMENT DISTRICT 989   ASSESSMENT DISTRICT 1023   ASSESSMENT DISTRICT 953   ASSESSMENT DISTRICT 990   ASSESSMENT DISTRICT 1020   ASSESSMENT DISTRICT 1022 ZONE 3   ASSESSMENT DISTRICT 991   ASSESSMENT DISTRICT 1024   ASSESSMENT DISTRICT 1033   ASSESSMENT DISTRICT 990‐ZONE 2   ASSESSMENT DISTRICT 1025   ASSESSMENT DISTRICT 1039   CITY OF SAN BDO A.D.2006‐1   ASSESSMENT DISTRICT 1018   ASSESSMENT DISTRICT 1040   ASSESSMENT DISTRICT 994   ASSESSMENT DISTRICT 1027   ASSESSMENT DISTRICT 1042   ASSESSMENT DISTRICT 1045   ASSESSMENT DISTRICT 1028   ASSESSMENT DISTRICT 956   ASSESSMENT DISTRICT 1047   ASSESSMENT DISTRICT 1029   ASSESSMENT DISTRICT 962   ASSESSMENT DISTRICT 997   ASSESSMENT DISTRICT 1031   ASSESSMENT DISTRICT 963   ASSESSMENT DISTRICT 1048   ASSESSMENT DISTRICT 1030   ASSESSMENT DISTRICT 965   ASSESSMENT DISTRICT 1049   ASSESSMENT DISTRICT 1032   ASSESSMENT DISTRICT 968   ASSESSMENT DISTRICT 1050   A.D. 1035 ZONE 1   ASSESSMENT DISTRICT 966   ASSESSMENT DISTRICT 1052   A.D. 1035 ZONE 2   ASSESSMENT DISTRICT 1046   ASSESSMENT DISTRICT 1053   ASSESSMENT DISTRICT 1036   ASSESSMENT DISTRICT 951‐1   ASSESSMENT DISTRICT 1054   ASSESSMENT DISTRICT 1037   ASSESSMENT DISTRICT 951‐2   ASSESSMENT DISTRICT 1060   ASSESSMENT DISTRICT 1038   ASSESSMENT DISTRICT 952‐1   ASSESSMENT DISTRICT 1061   ASSESSMENT DIST 961 BOND   ASSESSMENT DISTRICT 952‐2   ASSESSMENT DISTRICT 1051   ASSESSMENT DIST 977A BOND   ASSESSMENT DISTRICT 952‐3   ASSESSMENT DISTRICT 1055   ASSESSMENT DIST 985 BOND   ASSESSMENT DISTRICT 1043 ZONE 1   ASSESSMENT DISTRICT 1005   ASSESSMENT DIST 977B BOND   ASSESSMENT DISTRICT 1043 ZONE 2   ASSESSMENT DISTRICT 970   ASSESSMENT DIST 987 BOND   ASSESSMENT DISTRICT 959‐1   ASSESSMENT DISTRICT 1004   ASSESSMENT DIST 1003 BOND   ASSESSMENT DISTRICT 969   ASSESSMENT DISTRICT 993   ASSESSMENT DIST 1015 BOND   ASSESSMENT DISTRICT 974   ASSESSMENT DISTRICT 1001    10.c Packet Pg. 258 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group Original Agreement (5915 : First Amendment to the Spicer Resolution No. 2019-9 RESOLUTION NO. 2019-9 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SPICER CONSULTING GROUP FOR AS-NEEDED CONSULTING SERVICES RELATED TO MAINTENANCE DISTRICT ADMINISTRATION AND FORMATION/ANNEXATION OF COMMUNITY FACILITIES DISTRICTS AND ASSESSMENT DISTRICTS WHEREAS, The City Manager is hereby authorized and directed to execute Amendment Number One to a Consulting Services Agreement with Spicer Consulting Group. 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 is hereby authorized and directed to execute Amendment Number One to a Consulting Services Agreement with Spicer Consulting Group. Attached hereto as Exhibit “A,” and incorporated herein by this reference, increasing the contract by $96,000, for a contract amount not to exceed $145,500. SECTION 3. The Director of Finance or his designee is hereby authorized and directed to increase the Purchase Order for Spicer Consulting Group by $96,000, for a total amount not to exceed $145,500. SECTION 4, The authorization to execute the above-referenced Agreement is rescinded if the Agreement is not fully executed by all parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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. 10.d Packet Pg. 259 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.RESOLUTION 2019-9.doc (5915 : First Amendment to the Spicer Resolution No. 2019-9 SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this day of , 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 10.d Packet Pg. 260 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.RESOLUTION 2019-9.doc (5915 : First Amendment to the Spicer Resolution No. 2019-9 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. 2019-____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 10.d Packet Pg. 261 Attachment: PW. Consultant Service Agreement with Spicer Consulting Group.RESOLUTION 2019-9.doc (5915 : First Amendment to the Spicer 11.a Packet Pg. 262 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.00 -Report (5916 : Award of Construction Contract for Bridge Railing bridges were selected which are among the oldest and most heavily travelled in the City. The selected bridges are Tippecanoe Avenue over Santa Ana River, Mt. Vernon over Lytle Creek, Inland Center Drive over Hospitality Lane, and Waterman Avenue over San Timoteo Creek. The project scope includes cleaning the five (5) above mentioned bridges, sealing with Methacrylate, replacing existing striping and pavement markings with thermoplastic striping and markings, and replacing existing raised pavement markings with new ones. CIP Project SS-A plans and specification No.13244 were advertised for public bidding on November 27, 2018, and December 02, 2018, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on December 13, 2018; the City received the following two (2) bids: BIDDER TOTAL Peterson-Chase General Engineering Construction Inc. $ 92,744 Trusdell Corporation $ 118,118 The lowest apparent bidder is Peterson-Chase General Engineering Construction Inc. of California, with a bid of $92,744. The City has reviewed both bid packages and confirmed that Peterson-Chase General Engineering Construction Inc. is the lowest responsible and responsive bidder. If awarded by the City Council, construction is anticipated to begin in March 2019 and be completed by May 2019. 2018-2019 Goals and Objectives This project is consistent with Goal No 4: Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The estimated project costs are summarized in the table below. Estimated Project Cost Base Bid Amount $ 92,744 Construction Contingency $ 9,256 Engineering and Inspections $ 4,000 Total Contract Work $106,000 The lowest responsive bid, with project contingency and engineering inspections, reflect a total project cost of $106,000. There is sufficient funding in the FY 2018/19 adopted 1/10/2019 3:35 PM 11.a Packet Pg. 263 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.00 -Report (5916 : Award of Construction Contract for Bridge Railing budget in the amount of $350,000 in account number 126-160-7233-5011 to award this project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2019-10 approving the award of a Construction Contract with Peterson- Chase General Engineering Construction Inc. in the amount of $92,744 for bridge railing repair at various locations; authorizing the City Manager to execute the construction contingency in the amount of $9,256; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution Awarding Construction Contract for Bridge Railing Repair at Various Locations Attachment 2 Bid Tabulation for Bridge Railing Repair at Various Locations Attachment 3 Lowest Bid Form for Bridge Railing Repair at Various Locations Attachment 4 Agreement Attachment 5 Location Map Ward: 4 Synopsis of Previous Council Actions: 06- 20-2018 Resolution No. 2018- 189 adopted the City’s final budget document for Fiscal Year 2018/2019. 1/10/2019 3:35 PM 11.a Packet Pg. 264 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.00 -Report (5916 : Award of Construction Contract for Bridge Railing Resolution No. 2019-10 RESOLUTION NO. 2019-10 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH PETERSON-CHASE GENERAL ENGINEERING INC., IN THE AMOUNT OF $92,744 FOR BRIDGE RAILING REPAIR VARIOUS LOCATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $9,256; AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, Peterson-Chase General Engineering Inc., 16351 Construction Circle West, Irvine, California 92606 is the lowest responsive responsible bidder for Bridge Railing Repair Various Locations and Special Provision No. 13244. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or his designee is hereby authorized and directed to award a construction contract to Peterson-Chase General Engineering Inc. in the amount of $92,744. SECTION 3. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $9,256 on behalf of the City. 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. 11.b Packet Pg. 265 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.01-Attachment 1-Resolution 2019-10 (5916 : Award of Construction Resolution No. 2019-10 APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this 16 day of January , 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 11.b Packet Pg. 266 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.01-Attachment 1-Resolution 2019-10 (5916 : Award of Construction Resolution No. 2019-10 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. 2019-____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 11.b Packet Pg. 267 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.01-Attachment 1-Resolution 2019-10 (5916 : Award of Construction 11.c Packet Pg. 268 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.02 - Attachment 2- Bid Tabulation (5916 : Award of Construction 11.d Packet Pg. 269 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 270 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 271 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 272 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 273 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 274 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 275 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 276 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 277 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 278 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 279 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 280 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 281 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 282 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 283 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 284 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction 11.d Packet Pg. 285 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.03- Attachment 3-Lowest Bid form (5916 : Award of Construction A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this __16___ day of ___January______, 20_19__, between the City of San Bernardino (owner and hereinafter "CITY"), and Peterson-Chase General Engineering Construction Inc. (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the BRIDGE RAILING REPAIRS VARIOUS LOCATIONS Project No. 13244 in strict conformity with Plans and Special Provisions No. 13244 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this A-1 11.e Packet Pg. 286 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.04 - Attachment 4-Agreement (5916 : Award of Construction Contract BRIDGE RAILING REPAIRS VARIOUS LOCATIONS Project No. 13244 contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: Peterson-Chase General Engineering Contracting Inc. BY: ________________________________ ANDREA M. MILLER City Manager BY: __Dick W. Vogels TITLE: Vice President ATTEST: MAILING ADDRESS: 16351 Construction Circle West _______________________________ GEORGEANN HANNA ____Irvine, California 92606____________ City Clerk ___________________________________ PHONE NO.: (949)_252-0441________ APPROVED AS TO FORM: ATTEST: _______________________________ GARY D. SAENZ, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. 11.e Packet Pg. 287 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.04 - Attachment 4-Agreement (5916 : Award of Construction Contract 11.f Packet Pg. 288 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 11.f Packet Pg. 289 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 11.f Packet Pg. 290 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 11.f Packet Pg. 291 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 11.f Packet Pg. 292 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 11.f Packet Pg. 293 Attachment: PW.Peterson-Chase.Contarct Award Bridge Railing Repair.05 - Attachment 5-Location Map (5916 : Award of Construction 12.a Packet Pg. 294 Attachment: CD.Final Tract Map 18895.Staff Report (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No.18895 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and with all conditions of approval. California Environmental Quality Act Process In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the City Engineer conducted an environmental evaluation in connection with the Final Map for Tract No. 18895, and concluded that the Final Map for Tract No. 18895 is found to be exempt under Section 15061(b)(1) (Statutory Exemptions) of CEQA. Pursuant to Section 15268(b)(3) (Ministerial Projects) of CEQA, the approval of final subdivision maps shall be presumed to be ministerial in the absence of any discretionary provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use. The City Engineer has analyzed the Final Map for Tract No. 18895 in order to ensure consistency between the approved tentative tract map with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 18895 has been found to be in substantial conformance with the approved tentative tract map. Therefore, the City Engineer has determined Final Map for Tract No 18895 is exempt pursuant to Section 15268(b)(3) of the CEQA guidelines. Manager 2018-2019 Goals and Objectives The proposed Final Map for Tract No. 18895 aligns with Goal No. 1: Implement the City Vision - the transformation of existing vacant and underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals, and Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City – the development of the proposed residential lots is consistent with the residential uses within the project vicinity. Fiscal Impacts There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City. Conclusion On November 13, 2018, the Planning Commission adopted Resolution No. 2018-066 approving Subdivision 18-12 for Tentative Tract Map 18895. The City Engineer has reviewed the approved tentative tract map with adopted conditions of approval and determined that the Final Map for Tract No. 18895 has been found to be in substantial conformance with the approved tentative tract map. It is recommended that the Mayor and City Council adopt Resolution No. 2019-11 approving Final Map for Tract No. 18895 (Subdivision 18-12) involving the subdivision 1/10/2019 3:39 PM 12.a Packet Pg. 295 Attachment: CD.Final Tract Map 18895.Staff Report (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) of a property comprised of four (4) parcels containing approximately 3.0 acres into twelve (12) single-family residential lots located on the northeast corner of W. Mill Street and S. Macy Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. Attachments Attachment 1 Resolution Attachment 2 Subdivision Improvement Agreement Attachment 3 Performance Bond – Public Improvements Attachment 4 Labor and Material Bond Attachment 5 Maintenance Warranty Bond Attachment 6 Performance Bond – Monumentation & Centerline Ties Attachment 7 Performance Bond – Grading and Landscaping Improvements Attachment 8 Final Map for Tract No.18895 Ward: 3 Synopsis of Previous Council Actions: None 1/10/2019 3:39 PM 12.a Packet Pg. 296 Attachment: CD.Final Tract Map 18895.Staff Report (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) Resolution No. 2019-11 RESOLUTION NO. 2019-11 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NO. 18895 (SUBDIVISION 18-12), INVOLVING THE SUBDIVISION OF A PROPERTY COMPRISED OF FOUR (4) PARCELS CONTAINING APPROXIMATELY 3.0 ACRES INTO TWELVE (12) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ON THE NORTHEAST CORNER OF W. MILL STREET AND S. MACY STREET WITHIN THE RESIDENTIAL SUBURBAN (RS) ZONE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENTS OF THE SUBDIVISION IMPROVEMENTS WHEREAS, on November 13, 2018, the Planning Commission adopted Resolution No. 2018-066 approving Subdivision 18-12 for Tentative Tract Map 18895, and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 18895 with conditions of approval, and has analyzed the Final Map for Tract No. 18895 in order to ensure consistency between the approved Tentative Tract Map 18895 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 18895 has been found to be in substantial conformance with the approved Tentative Tract Map 18895, and WHEREAS, the Mayor and City Council find that proposed Tract Map No.18995, located on the northeast corner of W. Mill Street and S. Macy Street within the Residential Suburban (RS) Zone, together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino, and WHEREAS, The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Secured Income Group Incorporated, attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Community Development Department 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 Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. 12.b Packet Pg. 297 Attachment: CD.Final Tract Map 18895.A1.Resolution 2019-11 (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) Resolution No. 2019-11 SECTION 2. In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the City Engineer conducted an environmental evaluation in connection with the Final Map for Tract No. 18895, and concluded that the Final Map for Tract No. 18895 is found to be exempt under Section 15061(b)(1) (Statutory Exemptions) of CEQA. Pursuant to Section 15268(b)(3) (Ministerial Projects) of CEQA, the approval of final subdivision maps shall be presumed to be ministerial in the absence of any discretionary provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use. The City Engineer has analyzed the Final Map for Tract No. 18895 in order to ensure consistency between the approved tentative tract map with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 18895 has been found to be in substantial conformance with the approved tentative tract map. Therefore, the City Engineer has determined Final Map for Tract No 18895 is exempt pursuant to Section 15268(b)(3) of the CEQA guidelines. 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. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements. As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. The City Clerk shall certify approval and acceptance of the Mayor and City Council as set forth in this Resolution. SECTION 6. The authorization to execute the Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 12.b Packet Pg. 298 Attachment: CD.Final Tract Map 18895.A1.Resolution 2019-11 (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) Resolution No. 2019-11 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 12.b Packet Pg. 299 Attachment: CD.Final Tract Map 18895.A1.Resolution 2019-11 (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) 12.c Packet Pg. 300 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 301 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 302 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 303 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 304 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 305 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 306 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 307 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 308 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 309 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 310 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.c Packet Pg. 311 Attachment: CD.Final Tract Map 18895.A2.Exhibit A.Subdivision Improvement Agreement (5917 : Approve Final Tract Map 18895 Secured 12.d Packet Pg. 312 Attachment: CD.Final Tract Map 18895.A3.Perfomance Bond - Public Improvements (5917 : Approve Final Tract Map 18895 Secured Income 12.d Packet Pg. 313 Attachment: CD.Final Tract Map 18895.A3.Perfomance Bond - Public Improvements (5917 : Approve Final Tract Map 18895 Secured Income 12.d Packet Pg. 314 Attachment: CD.Final Tract Map 18895.A3.Perfomance Bond - Public Improvements (5917 : Approve Final Tract Map 18895 Secured Income 12.d Packet Pg. 315 Attachment: CD.Final Tract Map 18895.A3.Perfomance Bond - Public Improvements (5917 : Approve Final Tract Map 18895 Secured Income 12.e Packet Pg. 316 Attachment: CD.Final Tract Map 18895.A4.Labor and Material Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.e Packet Pg. 317 Attachment: CD.Final Tract Map 18895.A4.Labor and Material Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.e Packet Pg. 318 Attachment: CD.Final Tract Map 18895.A4.Labor and Material Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.e Packet Pg. 319 Attachment: CD.Final Tract Map 18895.A4.Labor and Material Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.f Packet Pg. 320 Attachment: CD.Final Tract Map 18895.A5.Maintenance Warranty Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.f Packet Pg. 321 Attachment: CD.Final Tract Map 18895.A5.Maintenance Warranty Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.f Packet Pg. 322 Attachment: CD.Final Tract Map 18895.A5.Maintenance Warranty Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.f Packet Pg. 323 Attachment: CD.Final Tract Map 18895.A5.Maintenance Warranty Bond (5917 : Approve Final Tract Map 18895 Secured Income Group, 12.g Packet Pg. 324 Attachment: CD.Final Tract Map 18895.A6.Performance Bond - Monumentation Bond & Centerline Ties (5917 : Approve Final Tract Map 18895 12.g Packet Pg. 325 Attachment: CD.Final Tract Map 18895.A6.Performance Bond - Monumentation Bond & Centerline Ties (5917 : Approve Final Tract Map 18895 12.g Packet Pg. 326 Attachment: CD.Final Tract Map 18895.A6.Performance Bond - Monumentation Bond & Centerline Ties (5917 : Approve Final Tract Map 18895 12.g Packet Pg. 327 Attachment: CD.Final Tract Map 18895.A6.Performance Bond - Monumentation Bond & Centerline Ties (5917 : Approve Final Tract Map 18895 12.hPacket Pg. 328Attachment: CD.Final Tract Map 18895.A7.Performance Bond - Grading, Landscaping Improvements (5917 : Approve Final Tract Map 18895 Secured 12.hPacket Pg. 329Attachment: CD.Final Tract Map 18895.A7.Performance Bond - Grading, Landscaping Improvements (5917 : Approve Final Tract Map 18895 Secured 12.hPacket Pg. 330Attachment: CD.Final Tract Map 18895.A7.Performance Bond - Grading, Landscaping Improvements (5917 : Approve Final Tract Map 18895 Secured 12.hPacket Pg. 331Attachment: CD.Final Tract Map 18895.A7.Performance Bond - Grading, Landscaping Improvements (5917 : Approve Final Tract Map 18895 Secured 12.i Packet Pg. 332 Attachment: CD.Final Tract Map 18895.A8. Final Map Page 1. (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) 12.j Packet Pg. 333 Attachment: CD.Final Tract Map 18895.A8. Final Map Page 2. (5917 : Approve Final Tract Map 18895 Secured Income Group, Incorporated) 13.a Packet Pg. 334 Attachment: CD. General Plan RFP Authorization.Staff Report (5918 : Comprehensive General Plan Update) A General Plan update would be used establish specific policy language with clear objectives that benefit the City a whole that are not included in the 2005 General Plan, such as including strong policy language that supports implementing a vibrant downtown area that integrates and takes advantage of existing transit opportunities, provides community emphasis in revitalizing and strengthening our existing communities including supporting innovative mixed use development. The update should also include adopting an Airport Land Use Compatibility Plan that integrates expanding the City’s economic sector associated with the San Bernardino International Airport which in turn could be an economic force in supporting the City’s growing employment base. SB 742 requires the General Plan to implement a citywide transportation plan that includes a comprehensive traffic analysis which involves new transportation analysis using vehicle miles traveled (VMT) as the basis of California Environmental Quality Act (CEQA) analysis. This would allow for streamlining of future development proposals that now require additional analysis and CEQA determination. Updating the circulation element with current citywide traffic count data would allow all staff to correctly identify road classifications and potential traffic impacts associate with public and private development proposals. General Plan amendments typically take three (3) years or longer and include an extensive community and stakeholder engagement process. Additional Items to Address • Include new state laws requirements (i.e., AB 32, SB 35, SB 375, SB 743) • Provide a comprehensive growth management plan that analyzes adoptive reuses and recent concerns within the Verdemont area • Include a Climate Action Plan (CAP) that emphasizes reducing greenhouse gas emissions consistent with state laws. • Establishing a historical preservation area • Implement local and regional pedestrian, bicycle and multi-purpose trails • Incorporate a parks and recreation plan • Prepare a Program Environmental Impact Report (PEIR) that analyzes potential GP impacts including mitigate measures resulting in streamlining development projects requiring CEQA determinations • Integrate SB 1000 which requires cities that have disadvantaged communities to incorporate environmental justice (EJ) policies into their General Plans Conclusion Authorize staff to complete a Request for Proposal (RFP) to obtain proposals for a comprehensive General Plan (GP) Update which includes: • Developing a scope of work for a General Plan Update 1/10/2019 3:38 PM 13.a Packet Pg. 335 Attachment: CD. General Plan RFP Authorization.Staff Report (5918 : Comprehensive General Plan Update) • Establishing a budget (currently estimated at $2-3 million dollars) • Completing a formal report in May 2019 that covers the scope of work, request for proposal and estimated budget for City Council Action If approved, the proposals received will be evaluated and recommendation related to costs procured in May 2019 for approval. Fiscal Impact The estimated cost for a Comprehensive General Plan Update is $2-3 million dollars, which would be expended over a two to three year period. 1/10/2019 3:38 PM 13.a Packet Pg. 336 Attachment: CD. General Plan RFP Authorization.Staff Report (5918 : Comprehensive General Plan Update) 14.a Packet Pg. 337 Attachment: CD.Agreement with Keyser Marston Associates.REPORT (5919 : Consultant Services Agreement Between the City of San requires that the City have codified policies and procedures for use of HOME funds. Most recently, the lack of a HOME policies and procedures resulted in a finding under a HUD Office of the Inspector General (OIG) audit of the HOME program. Frazee Community Center: In 1994, the former Redevelopment Agency of the City of San Bernardino (Agency) entered into a HOME Loan Agreement to assist Frazee Community Center purchase rental properties, for use as affordable housing, in the Eastpointe Village neighborhood. In 2002, the Agency determined that it was in the best interest of the City to move the properties to a more suitable area. Consequently, the Agency took back the Eastpointe Village properties, which it subsequently demolished, and the Agency assisted Frazee in acquiring three scattered site properties consisting of 12 units. In 2004, the Agency again assisted Frazee with a HOME loan to purchase and rehabilitate 11 units in four scattered sites. Frazee recently received an offer, from a non-profit that provides services to residents in the City of San Bernardino, to purchase two of the seven HOME–assisted scattered sites (nine units). However, before the City Council considers the proposed sale, the HOME regulations require that a financial analysis be undertaken. Mary Erickson Community Housing (MECH): In 2009 the former Redevelopment Agency of the City of San Bernardino entered into an agreement with Mary Erickson Community Housing (MECH) to acquire and rehabilitate 13 scattered site fourplexes, for a total of 52 affordable rental units, in the Eastpointe Village neighborhood. The Agency provided low and moderate income housing set-aside funds, as well as NSP funds, in the form of low interest, residual receipts loans. The Agency agreement with MECH incorporated a refinancing requirement whereby the Agency would be repaid a portion of the loan and MECH would have a conventional first loan on the properties. Unfortunately, even though MECH had secured financing, the dissolution of redevelopment in 2012 made it impossible for the Agency to move forward with the financing. Recently MECH approached the City with a new refinancing proposal. However, in order to proceed with a recommendation to the City Council, a financial analysis is needed to determine the economic viability of the refinance. The Infill Housing Program: In 2016, with the goal of promoting homeownership and removing blight, the City Council authorized the execution of a HOME grant agreement with Housing Partners I, for the Infill Housing Program (Infill Housing). In 2017, the City Council authorized the execution of a HOME grant agreement with Neighborhood Partnerships Housing Services to implement the modular component of Infill Housing. Infill Housing promotes home ownership by underwriting the construction of new single- family homes, on City or Agency owned vacant lots. A vacant, unsightly lot is transformed with a new home for a first time homebuyer. In fiscal years 2017/18 and 2018/19, the City Council funded Infill Housing for a total of $1.3 million in HOME funds. To date the program has completed three homes. The house at 2096 Genevieve Street closed escrow on December 20, 2018 and is now home to a first time homebuyer who 1/10/2019 3:39 PM 14.a Packet Pg. 338 Attachment: CD.Agreement with Keyser Marston Associates.REPORT (5919 : Consultant Services Agreement Between the City of San is a teacher in the San Bernardino Unified School District. The second house located at 1348 Union Street has a qualified buyer and the property will go into escrow this month. The third property at 756 West 8th Street is for sale. Three more homes are currently under construction with HPI. Discussion Both the HOME and NSP regulations have underwriting and financial analysis requirements that jurisdictions must complete for each HOME/NSP funded project, in order to evaluate the project’s economic viability and to ensure that the HOME or NSP investment does not exceed established standards for the size, type and complexity of the project. Furthermore, the HOME regulations require that each jurisdiction have policies and procedures that systematically apply the federal HOME regulations to the execution of HOME projects. The purpose of the consultant services agreement is to: 1. Evaluate the proposed sale of the Frazee properties. 2. Evaluate the refinance of the MECH properties. 3. Prepare an analysis of the HOME investment in Infill Housing. 4. Provide underwriting and financial analyses for future HOME and NSP projects. 5. Develop policies and procedures for the HOME program. The proposed three-year contract with Keyser Marston Associates, Inc. (KMA) will address the ongoing projects described above and allow the City to have future projects underwritten on an as needed basis, and address the finding under the most recent OIG audit of the HOME program by developing policies and procedures. The proposed scope of services consists of a review the project’s current income and operating statements and the preparation of a cash flow analyses that take into account the City’s need for affordable housing and the projects’ economic viability. KMA will complete a HOME layering analysis for Infill Housing that will establish the appropriateness of the amount of HOME funds invested, as required by HOME regulations. KMA will also develop a HOME policies and procedures manual. Procurement In compliance with Chapter 3.04.010(B)(2) of the San Bernardino Municipal Code, an interagency agreement was utilized for the selection of KMA. This option allows the City to "piggyback" on an existing public agency agreement as long as that agency conducted a competitive bid process. The City of Santa Ana issued a request for qualifications (RFQ) in May 2018 for similar affordable housing services. Of the four firms that responded KMA was selected as the most qualified firm. The City of Santa Ana and KMA executed a contract in August 2018. 1/10/2019 3:39 PM 14.a Packet Pg. 339 Attachment: CD.Agreement with Keyser Marston Associates.REPORT (5919 : Consultant Services Agreement Between the City of San 2018-19 Goals and Objectives The proposed consultant services contract aligns with Goal No. 4: Ensure development of a well-planned, balanced and sustainable city; and Goal No. 6: Operate in a fiscally responsible business-like manner. Fiscal Impact There will be no fiscal impact to the General Fund. There is sufficient funding in the FY 2018/19 HOME administrative fund, HOME program income and existing low-moderate income fund balance. Conclusion Adopt Resolution No. 2019-12 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager, or designee to: 1. To execute a three-year Consultant Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. for an amount not to exceed $160,000; 2. Upon completion of the initial contract term, to extend the contract for two additional one-year terms as needed, but not to exceed $45,000 per year; and 3. Authorize the Finance Director, or designee, to amend the FY 2018/19 Budget pursuant to the approved Consultant Services Agreement. Attachments Attachment 1 Resolution; Exhibit A - Consultant Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. Ward: Citywide Synopsis of Previous Council Actions: • January 7, 2002 the Community Development Commission of the City of San Bernardino authorized the execution of a 2002 HOME Loan Agreement with Frazee Community Center and accepted title from Frazee for properties located in the Arden Guthrie area. • July 22, 2004 the Community Development Commission of the City of San Bernardino authorized the execution of a HOME Assumption Agreement and a 2004 HOME Loan Agreement with Frazee Community Center. • July 21, 2009 The Community Development Commission of the City of San Bernardino authorized the use of low and moderate-income housing funds and NSP funds in a master agreement between the Redevelopment Agency of the City of San Bernardino and Mary Erickson Community Housing (MECH). • September 19, 2016 the Mayor and City Council adopted Resolution No. 2016-200 authorizing the execution of a HOME agreement with Housing Partners I to implement the Infill Housing Program. • June 21, 2017 the Mayor and City Council adopted Resolution No. 2017-116 authorizing the execution of a HOME agreement with Neighborhood Partnerships Housing Services to implement the modular housing component of the Infill Housing Program. 1/10/2019 3:39 PM 14.a Packet Pg. 340 Attachment: CD.Agreement with Keyser Marston Associates.REPORT (5919 : Consultant Services Agreement Between the City of San Resolution No. 2019-12 RESOLUTION NO. 2019-12 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEYSER MARSTON ASSOCIATES, INC. FOR AFFORDABLE HOUSING SERVICES WHEREAS, the City of San Bernardino receives HOME Investment Partnerships Program (HOME) and has received Neighborhood Stabilization Program (NSP) funds from the United States Department of Housing and Urban Development. The HOME and NSP funds must be used in accordance with 24 CFR Part 924 and the Housing and Economic Recovery Act Section 2301, respectively; and WHEREAS, in order to adhere to the regulatory requirements for the use of HOME and NSP funds, policies and procedures must be developed and underwriting and financial analysis must be completed to evaluate a project’s economic viability and ensure that the proportion of funds dedicated to a project does not exceed established standards for the size, type and complexity of the project; and WHEREAS, in compliance with Chapter 3.04.010(B)(2) of the San Bernardino Municipal Code, an interagency agreement was utilized for selection of Keyser Marston Associates, Inc. as the consultant; and WHEREAS, there is an ongoing need for specialized services relative to HOME and NSP project requirements that can be performed by Keyser Marston Associates, Inc. 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 authorize the City Manager to execute the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. to provide assistance to the Community and Economic Development Department Housing Division, for a total amount not to exceed $160,000, in the form attached to this Resolution as Exhibit A. SECTION 3. The City Manager or designee is hereby authorized, upon completion of the initial term of the Professional Services Agreement, to extend the contract for two additional one-year terms, as needed, but not to exceed $45,000 per year. SECTION 4. The Finance Director, or designee, is hereby directed to revise the FY 2018/19 Budget pursuant to the approved Professional Services Agreement. 14.b Packet Pg. 341 Attachment: CD.Agreement With Keyser Marston Associates.RESOLUTION 2019-12 (5919 : Consultant Services Agreement Between the City of Resolution No. 2019-12 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 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 immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of January, 2019. 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. 342 Attachment: CD.Agreement With Keyser Marston Associates.RESOLUTION 2019-12 (5919 : Consultant Services Agreement Between the City of Resolution No. 2019-12 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 16th day of January, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 14.b Packet Pg. 343 Attachment: CD.Agreement With Keyser Marston Associates.RESOLUTION 2019-12 (5919 : Consultant Services Agreement Between the City of PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEYSER MARSTON ASSOCIATES, INC. This Agreement is made and entered into as of January, 23, 2019 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Keyser Marston Associates, Inc. a privately held California corporation with its principal place of business at 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: HOME Layering Analyses: pursuant to the attached Proposal for Affordable Housing Services – Proposed Scope of Services (Fiscal Year 2018-19) III A. Mary Erickson Community Housing: pursuant to the attached Proposal for Affordable Housing Services – Proposed Scope of Services (Fiscal Year 2018-19) III B. Frazee Property Analysis: pursuant to the attached Proposal for Affordable Housing Services – Proposed Scope of Services (Fiscal Year 2018-19) III C. HOME Investment Partnerships Policies and Procedures Manual: pursuant to the attached Proposal for Affordable Housing Services – Proposed Scope of Services (Fiscal Year 2018-19) III D. Proposed Scope of Services (Fiscal Years 2019-20 and 2020-21) IV: pursuant to the attached Proposal for Affordable Housing Services, the specific assignments for fiscal years 2019-2020 and 2020-2021 have yet to be identified. However, it is anticipated that future assignments will be similar in nature to those assignments identified for fiscal year 2018-2019. B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 1 14.c Packet Pg. 344 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with Fees set forth in Exhibit “A.” For the specific financial analysis projects and the HOME Investment Partnerships Policies and Procedures Manual identified for Fiscal Year 2018- 19 (A-D in Proposed Scope of Services) the City shall pay $70,000. For projects requiring services for similar financial analysis during the remaining two years of the Agreement (Fiscal Year 2019-2020 and 2020-2021), the City shall pay $45,000 annually. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $160,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence 2 14.c Packet Pg. 345 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of 3 14.c Packet Pg. 346 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office - Commercial General Liability Coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project 4 14.c Packet Pg. 347 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of 5 14.c Packet Pg. 348 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and 6 14.c Packet Pg. 349 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the 7 14.c Packet Pg. 350 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be 8 14.c Packet Pg. 351 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the 9 14.c Packet Pg. 352 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and 10 14.c Packet Pg. 353 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Tim Bretz as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Gretel K. Noble, Housing Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Keyser Marston Associates, Inc. 500 South Grand Avenue, Suite 1480 Los Angeles, CA 90071 Attn: Tim Bretz, Principal 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are 11 14.c Packet Pg. 354 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 12 14.c Packet Pg. 355 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 13 14.c Packet Pg. 356 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEYSER MARSTON ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Andrea M. Miller City Manager Approved as to Form: ****Approved Form**** Gary D. Saenz City Attorney Attested By: Georgeann Hanna, MMC City Clerk CONSULTANT Kathe Head Managing Principal 14 14.c Packet Pg. 357 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San EXHIBIT A [***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***] 15 14.c Packet Pg. 358 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to Reso. (5919 : Consultant Services Agreement Between the City of San PROPOSAL FOR AFFORDABLE HOUSING SERVICES Prepared for: City of San Bernardino Prepared by: Keyser Marston Associates, Inc. January 3, 2019 EXHIBIT "A"14.d Packet Pg. 359 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 1 Keyser Marston Associates, Inc. 1812012v2.KMA TABLE OF CONTENTS I. FIRM HISTORY AND EXPERIENCE ................................................................................................ 2 II. DESIGNATED PERSONNEL .......................................................................................................... 3 III. PROPOSED SCOPE OF SERVICES (FISCAL YEAR 2018-19) .............................................................. 5 A. HOME LAYERING ANALYSES .................................................................................................................. 5 B. MARY ERICKSON COMMUNITY HOUSING ................................................................................................ 13 C. FRAZEE PROPERTY ANALYSIS ................................................................................................................ 15 D. HOME INVESTMENT PARTNERSHIP POLICIES AND PROCEDURES MANUAL .................................................... 18 IV. PROPOSED SCOPE OF SERVICES (FISCAL YEARS 2019-20 AND 2020-21) ................................. 19 A. LAYERING AND LEVERAGING ANALYSES ................................................................................................... 19 B. DEVELOPER SOLICITATION/SELECTION .................................................................................................... 20 C. INCLUSIONARY HOUSING PROGRAMS ..................................................................................................... 20 D. POLICIES AND PROCEDURES MANUALS ................................................................................................... 20 E. SB 341 AFFORDABLE HOUSING REPORTS ............................................................................................... 20 F. COMPLIANCE MONITORING ................................................................................................................. 20 G. RESIDUAL RECEIPTS CALCULATION AND COMPLIANCE ................................................................................ 21 V. FEES ........................................................................................................................................ 21 14.d Packet Pg. 360 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 2 Keyser Marston Associates, Inc. 1812012v2.KMA I. FIRM HISTORY AND EXPERIENCE KMA is a full-service real estate, financial, affordable housing, public finance and economic consulting firm that specializes in advisory and evaluation services. A privately held California corporation, KMA was incorporated in 1973, and now has one of the largest real estate and affordable housing advisory practices on the West Coast. The majority of KMA assignments involve long-standing client relationships with city and county governments, including clients throughout Southern California. KMA presently has 21 professional staff members, three corporate staff members, and four support staff members. KMA has offices located in Los Angeles, Berkeley, San Rafael and San Diego. The downtown Los Angeles office, which would provide services to the City of San Bernardino (City), includes nine professional staff members, and provides consulting services to a wide range of government agencies and a limited number of private sector clients in Southern California. Some unique characteristics possessed by KMA include: Experience •Over 45 years experience in assisting all levels of public sector clients throughout the West in affordable housing, market rate, and evaluation services; developer selection and negotiation;and structuring public investment in public/private transactions. Qualifications •KMA provides comprehensive services relating to affordable housing and financial feasiblity, economic analysis, direct implementation experience and public finance without the need for multiple consultants. Approach •The philosophy and structure of our firm is to provide our clients with the maximum direct contact with principals. The commitment of principals who are recognized leaders in real estate advisory services througout California provides our clients with quality, tailored and direct serivces. 14.d Packet Pg. 361 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 3 Keyser Marston Associates, Inc. 1812012v2.KMA KMA has developed a methodology and approach to ensure quality control for its analytical and advisory services. The methodology and approach include the following: II. DESIGNATED PERSONNEL KMA has designated Tim Bretz as the Principalfor contract coordination for all affordable housing services to be provided to the City. The contact information for Tim is as follows: Tim Bretz, Principal 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Telephone: 213.622.8095 Fax: 213.622.5204 Email: tbretz@keysermarston.com The KMA staff members who are anticipated to work on this engagement include Tim Bretz, and six professional staff members. Summaries of the team member’s relevant experience follow: Direct Principal Responsibility •Each assignment is headed by one of the firm's experienced principals, selected based upon the particular skill set required for the assignment. Kathleen Head manages the firm's affordable housing practice. Consulting Specialist •For projects where a variety of skill sets are required (i.e., a mixed-use project that includes both affordable and market rate housing and a retail component), KMA will bring consulting principals within the firm with the particular expertise required for the assignment. Specialty Area Subgroup •The firm has created subgroups which include selected principals and senior staff, to ensure that the best practices and analytical tools are made available firm wide. These specialty groups meet on a regularly scheduled basis and include such areas as affordable housing, mixed-use, public parking, ground lease development and redevelopment finance. Proprietary Software Models •KMA has developed a series of proprietary models for financial feasibility analysis and fiscal impact work to ensure a uniformity of approach and analysis. 14.d Packet Pg. 362 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 4 Keyser Marston Associates, Inc. 1812012v2.KMA Tim Bretz, Principal Tim has been with KMA since 2008. During that time, he has assisted a number of public agencies with affordable housing and real estate assignments. Tim has performed affordable housing feasibility analyses, and market and reuse analyses for residential, mixed-use, hotel, office and industrial projects. He has also prepared residential nexus and commercial linkage fee studies to support impact fees to be used to produce affordable housing. Kathleen Head, Managing Principal Kathe joined the firm in 1983 and manages the firm’s affordable housing practice. She also provides public and private clients with real estate economic analyses for a wide variety of land uses. Kathe’s specific areas of expertise are affordable housing transaction structuring and program creation; community benefits analyses related to proposed development; and public/private joint development transactions. Julie Romey, Senior Principal Since rejoining the firm in Julie joined the firm in 2000, Julie has provided public and private clients with a wide range of market rate and affordable housing consulting services. Specific expertise that is pertinent to this proposed engagement is the creation of affordable housing procedures manuals, compliance monitoring, and the preparation of SB 341 reports. Greg Soo Hoo, Senior Principal Greg is a registered Municipal Advisor Principal with the MSRB and the SEC. He has over 35 years of experience in redevelopment and public finance, including acting as the Fiscal Consultant to Successor Agency and Redevelopment Agency bond financings totaling over $6.2 billion. Courtney Holt, Senior Associate Courtney is a Senior Associate who joined KMA in 2017. Courtney has a background in asset management, economic and market analysis, and land use planning. Courtney’s work at KMA focuses on market and demographic studies; affordable housing studies and nexus analyses; HOME Program policies and procedures; and affordable housing monitoring and compliance review. Kimberly Heaton, Senior Analyst Kimberly joined KMA in 2000 and manages the firm’s information services. Kimberly conducts as-needed research on real estate development, land use, finance, economic and legal issues. Additionally, she tracks industry news and legislation, as well as market and statistical data of particular interest to KMA and its clients. Parker Dietz, Analyst Parker is an Analyst who has been with KMA since July 2018. He has assisted with affordable housing transactions, and he has also performed market feasibility studies. 14.d Packet Pg. 363 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 5 Keyser Marston Associates, Inc. 1812012v2.KMA Kathleen Head has been with KMA since 1983. Kathe manages the housing related services performed by the KMA Los Angeles office, and has extensive experience in program creation, policy analysis, feasibility evaluations and transaction structuring. Kathe has analyzed hundreds of projects utilizing various local, state and federal assistance packages. Julie Romey is a Senior Principal who rejoined KMA in 2000. Julie has provided public and private clients with real estate economic analysis, and with expertise in market rate and affordable housing. Julie has experience with HOME funds, HUD 202 and 811 funds, and various State of California housing programs. Tim Bretz is a Principal who has been with KMA since 2008. Tim has prepared numerous affordable housing feasibility, market, and reuse analyses for the firm’s public sector clients. III. PROPOSED SCOPE OF SERVICES (FISCAL YEAR 2018-19) The following describes the proposed scope of services anticipated to be provided during Fiscal Year 2018 – 2019. A. HOME Layering Analyses Proposed Projects The City has established a first-time home ownership program that is available for use by qualified Community Housing Development Organizations (CHDOs). Under the terms of the home ownership program, the City transfers the title of vacant, City-owned parcels to the chosen CHDO. The CHDO purchases these parcels from the City, and subsequently places single family houses on each of the parcels. KMA proposes to evaluate two ownership projects currently under construction. The first project is being developed by Neighborhood Partnership Housing Services, Inc. (NPHS) and consists of three manufactured houses. The second project is being developed by Housing Partners I, Inc. (HPI) and consists of three wood-frame houses. For each of the projects the following will occur: 14.d Packet Pg. 364 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 6 Keyser Marston Associates, Inc. 1812012v2.KMA 1. The City has already provided $650,000 in HOME funds to each of the projects. 2. The City will transfer the titles to the three single family parcels to each developer. 3. The single-family homes are currently under construction on each parcel. 4. Upon the completion of construction, the improved parcels will be appraised. 5. Both of the projects will likely experience cost overruns. The City intends to cover the cost overruns with sales proceeds generated by the units or additional HOME funds. Scope of HOME Program Layering Analyses Each of the projects identified above requires a HOME Layering Analysis. As such, the project underwriting, market assessment, developer capacity evaluation, and assessment of the developer fee and profit will be conducted in accordance with HUD Community Planning and Development Notice 15-11. The KMA analysis will be provided to the City in the form of a memorandum and supporting tables. Project Underwriting Analysis KMA will conduct an underwriting analysis for each project to evaluate the following: 1. Are the development costs reasonable, necessary, sufficient, and in compliance with the cost principles set forth in 2 CFR Part 200? 2. Are the identified funding sources sufficient to pay for the development costs including soft costs and costs incurred during the absorption period? 3. Is the proposed amount and disbursement schedule for the developer fee reasonable and customary? 4. Are the development and funding entitlements in place? 5. Is the project likely to be completed within four years of the commitment date in HUD’s Integrated Disbursement Information System (IDIS)? 14.d Packet Pg. 365 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 7 Keyser Marston Associates, Inc. 1812012v2.KMA 6. Is the scope and budget for the project sufficient to meet the HOME property standards set forth at 24 CFR 92.251 over the life of the affordability covenant imposed by the HOME Program loan? Market Assessment KMA will conduct a market assessment based on the following steps: 1. Evaluate the relevant demographic, economic, and housing conditions; 2. Identify the geographic area from which the home buyers are likely to come; 3. Identify the target home buyers; 4. Analyze the potential impact of the project on other housing projects in the area; 5. Ascertain if adequate demand exists to sell the three units within the HUD-mandated absorption period; 6. Estimate the demand and capture rate for the project; and 7. Estimate the absorption period for the project. Developer Capacity / Developer Experience KMA will review and evaluate the developer’s capacity and financial wherewithal to undertake the development of the proposed project, including the following: 1. The adequacy of the developer’s corporate and organizational experience; 2. The developer’s working knowledge of affordable housing development, particularly in the context of HOME rules and other cross-cutting federal requirements; 3. The developer’s track record of successfully completing projects on schedule and within the established budget as verified by representatives from the jurisdictions in which the projects are located; 4. The developer’s skill set as it relates to the development of the project; and 14.d Packet Pg. 366 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 8 Keyser Marston Associates, Inc. 1812012v2.KMA 5. The status of the contracts for the design, engineering, and construction of the project. Developer’s Financial Capacity KMA will review the pro forma for the project, the developer’s financial statements, and information pertaining to previously completed projects to determine whether the developer has the financial capacity to undertake the development of the project. Based on that review, KMA will respond to the following questions: 1. Does the developer have adequate financial management systems and practices? 2. Does the developer have sufficient financial resources to complete the proposed scope of development? 3. Is the developer’s net worth, portfolio risk, and liquidity adequate? 4. Does the developer have the resources to fund the company’s overhead expenses, pre- development costs, and bridge funding while waiting for other funding sources? 5. Does the developer have the financial capacity to undertake the development prior to the payment of the developer fee? Developer Profit and Return KMA will consider the following issues in the evaluation of the developer profit and return that could potentially be generated by the project: 1. Does the proposed developer fee reflect the local market? The developer fee will be reviewed with respect to the following: a. The scope and complexity of the project; b. The size of the project; c. The relative risk associated with the project; d. Any costs the developer will fund with the proceeds of the developer fee; e. The developer fees that are regularly and customarily allowed in similar projects; and 14.d Packet Pg. 367 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 9 Keyser Marston Associates, Inc. 1812012v2.KMA f. Other fees that the developer is receiving from the project. 2. The potential for the developer to receive profit from the resale of the units will be described. Certifications Based on the results of the proposed analysis, the following certifications will be provided: 1. The identified funding sources are sufficient, and timely in availability, to cover the project costs. 2. The estimated costs for the project are necessary, reasonable, and in compliance with the cost principles described in 2 CFR part 200. 3. The scope and budget for the project are sufficient to meet the HOME property standards set forth at 24 CFR 92.251 over the life of the affordability covenants imposed by the HOME Program loan. 4. The market assessment confirms the demand for the project, and the project can be expected to be fully occupied within the 18 -month period mandated by HUD. 5. The developer’s experience and financial capacity are adequate to implement the project, and meet the financial obligations and risks related to the project. 6. The developer fee, equity appreciation, and profit anticipated to be generated by the project are appropriate. 7. The project meets the minimum HOME investment requirement of $1,000 per HOME designated unit. 8. The HOME Program assistance provided to the project does not exceed the subsidy limits, and the appropriate number of units have been designated as HOME units as established by 24 CFR 92.504. 9. In accordance with 24 CFR 92.205 (e) (2), the project will be completed within four years of the date the HOME funds are committed. 14.d Packet Pg. 368 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 10 Keyser Marston Associates, Inc. 1812012v2.KMA 10. The project will comply with the property standards and affordability requirements imposed by CFR 92.252 (e). Information Needs KMA will need to be provided with the following information in order to complete the proposed scope of services: Project Description 1. A legible site plan that identifies the gross and net building areas for the project; 2. An identification of the entities anticipated to be involved in implementing the development of the project. Identify the general contractor, the subcontractors, architects, engineers, attorneys, accountants, and any other consultants; and 3. A timeline for the development of the project. Financial Information Related to the Project 1. The current pro forma for the project which identifies the following: a. A detailed project budget; and b. An identification of the funding sources that will be used to pay for the project costs, and the provision of all currently available written commitments. The total funding sources, including the proposed HOME loan, must equal the estimated development costs for the proposed project. 2. The construction loan assumptions including: a. Interest Rate; b. Loan Term; and c. Average outstanding balance. 3. The estimated closing costs and any other costs of sales associated with selling the units. 14.d Packet Pg. 369 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 11 Keyser Marston Associates, Inc. 1812012v2.KMA 4. A schedule of developer fee payments, and a description of how the developer plans to spend the developer fee received from the project. 5. A description of any financial obligations and resale controls the developer proposes to impose the home buyers. 6. A written request that identifies the amount of HOME Program assistance that is being requested, the proposed disbursement schedule, and the proposed repayment structure. Identify any financing sources to which the HOME loan and/or the income and affordability covenants are proposed to be subordinated. Marketing Plan If available, provide a copy of the market assessment completed by the developer. If a market assessment is not available, please provide the following information: 1. Identify the target home buyers for the project and describe how the prospective purchasers will be selected. 2. Provide a summary description of the market rate units in the vicinity of the Site and estimate the difference between the prevailing market rate sales prices and the established affordable sales prices for the units. 3. Indicate who will be responsible for marketing the units. Relevant Experience Provide descriptions of at least three projects that are directly analogous to the proposed project. Of particular importance is the developer’s experience with projects subject to HOME Program regulations. The following information should be provided for each project: 1. Site location; 2. A narrative description of the project’s characteristics; 3. Number of units in the project; 4. The total project costs; 14.d Packet Pg. 370 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 12 Keyser Marston Associates, Inc. 1812012v2.KMA 5. The income and affordability restrictions that were imposed on the project; 6. Identification of any public financial assistance that was provided to the project; 7. The role the developer played in the project; and 8. Contact information for a representative of the jurisdiction in which the project is located. Financial Statements / Capacity Provide audited financial statements for the developer for the past two years. If audited financial statements are not available, please submit alternative evidence of the developer’s financial capacity to develop the project. Describe the financial management controls that the developer applies to projects that have received assistance from the Federal government. This information should identify the developer’s policies related to the following: 1. Treatment of information, such as records retention, requests for transfer of records, methods for collecting, transmitting and storing information, access to records, and restrictions on public access to records. 2. Identification of all Federal awards received and expended. 3. Disclosure of the financial results of each Federal award or program. 4. Records that identify the source and application of funds for Federally-funded activities. 5. Identification of the methodology used to safeguard all assets and assure that they are used for authorized purposes. 6. Comparisons of the actual expenditures to the budgeted amounts for each Federal award. 7. Written procedures related to implementing the requirements imposed by 2 CFR 200.305. 8. Written procedures for determining that the costs comply with the conditions imposed by the Federal award. Describe the internal controls that the developer implements in relation to the following: 14.d Packet Pg. 371 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 13 Keyser Marston Associates, Inc. 1812012v2.KMA 1. Verification that Federal awards are being managed in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award; 2. Actions the developer takes when instances of noncompliance are identified; and 3. The measures that the developer takes to safeguard sensitive information consistent with applicable laws. Budget/Timing The proposed HOME Layering Analyses would be managed by Tim Bretz, a Principal in the KMA Los Angeles office. KMA proposes to complete the proposed scope of services within four weeks of receiving the City’s authorization to proceed. However, this time frame is completely dependent on the completeness, accuracy and consistency of the information provided by the City and the Developer. If subsequent requests for clarification are required, the time frame for completion will need to be adjusted accordingly. KMA will complete the scope of work on a time and materials basis with a not-to-exceed budget of $10,000 for each of the HOME Layering Analyses identified above. These two analyses equate to a total amount of $20,000. If the City requests any additional services, including attendance at in-person meetings, the budget will need to be adjusted accordingly. B. Mary Erickson Community Housing KMA is proposing to assist the City in evaluating proposed changes to the affordability restrictions imposed on the existing Eastpointe Village Apartments (Eastpointe) developed and owned by Mary Erickson Community Housing (MECH). Background Statement In 2009, MECH and the former Redevelopment Agency of the City of San Bernardino (Former Agency) entered into a Master Agreement to acquire and rehabilitate a number of fourplexes for the purposes of providing affordable housing. As a part of the individual development agreements for each property, the City and the Agency provided financial assistance to MECH to assist in the acquisition and rehabilitation costs: 1. The City provided Neighborhood Stabilization Program (NSP) funds allocated to the City HUD. 14.d Packet Pg. 372 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 14 Keyser Marston Associates, Inc. 1812012v2.KMA 2. The Former Agency provided Low and Moderate Income Housing Set-Aside (Set-Aside) funds. Subsequent to the execution of the Master Agreement, the following occurred: 1. The MECH began acquiring units in 2009 and had completed the acquisition of 52 units by Fall 2011. 2. On February 1, 2012, all the redevelopment agencies in California were dissolved, which stopped the acquisition of additional units. 3. Post dissolution, a number of legal issues arose related to the transfer of the Former Agency’s housing assets to Affordable Housing Solutions (AHS), a City-Owned Non-Profit. As a result, the City and AHS defaulted on a signed contract with MECH for the refinancing of the project in May 2012. 4. In August 2012 the City filed for Chapter 9 Bankruptcy. 5. Although attempts to resolve the outstanding issues have not progressed substantially over the past six years, MECH still wishes to refinance the project. Proposed Scope of Services The purpose of the KMA analysis is to assist the City with MECH’s proposed refinancing of the project. It is KMA’s understanding that each of the 52 units is restricted to households earning 50% of the Area Median Income (AMI). However, as part of the proposed refinancing, both the City and MECH would like to increase the income levels for a number of the units in an effort to enhance the economic viability of the project. KMA proposes to review the project’s current income and operating statements and to subsequently prepare a cash flow analysis to identify an affordability mix that balances the City’s need for affordable housing and the project’s economic viability. However, it is important to understand that KMA is not proposing to opine on the legal requirements necessary to allow for the existing affordability covenants to be modified. 14.d Packet Pg. 373 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 15 Keyser Marston Associates, Inc. 1812012v2.KMA Information Needs Both the City and MECH have provided information regarding the proposed project. However, KMA will need to be provided with the following additional information in order to complete the proposed scope of services: 1. The Master Agreement. 2. The Development Agreement for each property including the affordability covenants imposed on each property. Budget/Timing The proposed analysis would be managed by Tim Bretz. KMA proposes to complete the proposed scope of services within five weeks of receiving the City’s authorization to proceed. However, this time frame is completely dependent on the completeness, accuracy and consistency of the information provided by the City and MECH. If subsequent requests for clarification are required, the time frame for completion will need to be adjusted accordingly. KMA will complete the scope of work on a time and materials basis with a not-to-exceed budget of $10,000. If the City requests any additional services, including attendance at in-person meetings, the budget will need to be adjusted accordingly C. Frazee Property Analysis KMA is proposing to assist the City in evaluating a request by Frazee Community Center (Frazee) to sell two properties that have the following characteristics: 1. The properties have outstanding loans that were provided by the City using with HOME funds; and 2. The two properties have significant rehabilitation needs. Background Statement In 2002, Frazee received a “project” from the City consisting of three scattered site properties with a total of 12 units. In 2004, Frazee received another “project” from the City consisting of four scattered site properties with a total of 11 units. 14.d Packet Pg. 374 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 16 Keyser Marston Associates, Inc. 1812012v2.KMA The City utilized HOME funds to provide forgivable loans with the following terms: 1. The City provided a $212,750 loan under the 2002 HOME Loan Agreement, and a $527,885 loan under the 2004 HOME Loan Agreement. 2. Each HOME Loan carries a 25-year loan term. 3. The HOME Loans do not bear interest. 4. The HOME Loans are forgiven at a rate of 1/25 per year from the date of each promissory note if Frazee is performing in compliance of the HOME Loan Agreements. Over the past several years, Frazee has experienced leadership and organizational difficulties. As a result, some of the properties are suffering from significant disrepair. Furthermore, two of the properties, 1379 Arrowhead (Arrowhead) and 162 West Wabash (Wabash), have become vacant, and are currently boarded up. Additionally, all of the properties in Frazee’s portfolio have a number of liens for code violations, nonpayment of fees, and some properties have delinquent property tax payments. Frazee recognizes that they have not been performing in compliance with the HOME Loan Agreements. At this time, Frazee is making the following proposal to the City: 1. Frazee is proposing to sell the Arrowhead and Wabash Properties to Foothill Aids Project (FAP). FAP currently operates a facility in San Bernardino. 2. Frazee is also requesting that the City forgive the HOME Loans at 50% of the rate allowed in the HOME Loan Agreements. Frazee contends that this 50% reduction in loan forgiveness is sufficient to correct for their non-compliance with the Home Loan Agreements. Proposed Scope of Services The purpose of the KMA analysis is to assist the City in evaluating Frazee’s request to sell the Arrowhead and Wabash properties. In addition, KMA will assist the City in evaluating the operating feasibility and loan forgiveness request for all of the Frazee properties. Specifically, the City is requesting a KMA analysis and recommendations regarding the following items: 14.d Packet Pg. 375 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 17 Keyser Marston Associates, Inc. 1812012v2.KMA 1. Does KMA consider Frazee’s requests to be fair and reasonable for the City? The City would like KMA’s opinion regarding the current HOME Loan forgiveness provisions as well as Frazee’s loan forgiveness request. 2. The City would like KMA to review the distribution of sales proceeds from the Arrowhead and Wabash Properties to determine if the allocations are fair and reasonable to the City. 3. The City would like to know if there will be sufficient sales proceeds from the sales of the Arrowhead and Wabash Properties to pay off all current liens. 4. The City would like recommendations regarding appropriate amounts for the operating and replacement reserve accounts. Information Needs Both the City and Frazee have provided information regarding the proposed transaction. However, KMA will need to be provided with the following additional information in order to complete the proposed scope of services: 1. A list of the liens and corresponding amounts currently in place on each of Frazee’s properties. 2. A physical needs assessment or the amount of rehabilitation required for each property. Budget/Timing The proposed assignment would be managed by Tim Bretz. KMA proposes to complete the proposed scope of services within six weeks of receiving the City’s authorization to proceed. However, this time frame is completely dependent on the completeness, accuracy and consistency of the information provided by the City and Frazee. If subsequent requests for clarification are required, the time frame for completion will need to be adjusted accordingly. KMA will complete the scope of work on a time and materials basis with a not-to-exceed budget of $15,000. If the City requests any additional services, including attendance at in-person meetings, the budget will need to be adjusted accordingly. 14.d Packet Pg. 376 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 18 Keyser Marston Associates, Inc. 1812012v2.KMA D. HOME Investment Partnership Policies and Procedures Manual KMA proposes to prepare a draft HOME Policies and Procedures Manual (Manual) that will include the following: 1. An overview of the federal HOME Program and the City’s HOME Program; 2. A discussion of the HOME Program Requirements; 3. A summary of the procedures of the City’s HOME Program administration duties; 4. A summary of the procedures for project implementation using HOME funds; and 5. A summary of the procedures for on-going monitoring. 6. The Manual will also include the following attachments, as needed: a. Methods of Procurement; b. Underwriting and Subsidy Layering Guidelines; c. Rehabilitation and Construction Guidelines; and d. Cost Allocation Procedures. KMA will provide the draft Manual to City staff for review after which the Manual will be finalized. Information Needs In order to complete the draft Manual, KMA will need the following information: 1. A link to the City’s current Consolidated Plan; 2. A summary of the roles and responsibilities of the City staff in regard to the HOME Program, including the role of consultants, outside legal counsel, etc. 3. A summary of the process used by the City to select projects, manage the IDIS process, disburse funds, monitor construction and lease-up activities as well as ongoing monitoring. 14.d Packet Pg. 377 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 19 Keyser Marston Associates, Inc. 1812012v2.KMA 4. Any policies and procedures that are used by the City regarding construction and rehabilitation of affordable housing projects. 5. Any write-up the City has regarding methods of procurement. Budget/Timing The proposed assignment would be managed by Julie Romey. KMA proposes to complete the proposed scope of services within six weeks of receiving the City’s authorization to proceed. However, this time frame is completely dependent on the completeness, accuracy and consistency of the information provided by the City. If subsequent requests for clarification are required, the time frame for completion will need to be adjusted accordingly. KMA will complete the scope of work on a time and materials basis with a not-to-exceed budget of $25,000. If the City requests any additional services, including attendance at in-person meetings, the budget will need to be adjusted accordingly. IV. PROPOSED SCOPE OF SERVICES (FISCAL YEARS 2019-20 AND 2020-21) The specific assignments for Fiscal Years 2019-2020 and 2020-2021 have yet to be identified. However, the City anticipates that future assignments will be similar in nature to those assignments identified for Fiscal Year 2018-2019 and outlined in the sections above. These assignments will likely include HOME layering analyses, financial restructuring analyses and/or the financial analysis of new affordable housing projects. In addition to the scope of services identified for the specific projects for 2018-2019, KMA also has extensive experience providing the following services: A. Layering and Leveraging Analyses KMA prepares market and financial analyses to quantify the appropriate level of client assistance to a project. We evaluate the impact of burdens and incentives on affordable housing programs and advise on all aspects of project structuring, including the use of available outside funding and assistance sources. KMA has extensive experience preparing HOME layering analyses under the HOME final rule. 14.d Packet Pg. 378 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 20 Keyser Marston Associates, Inc. 1812012v2.KMA B. Developer Solicitation/Selection KMA assists clients in the evaluation and selection of developers for affordable housing projects. The evaluation typically includes a thorough review of the developer’s prior experience and that of the development team, its financial strength and property management expertise. C. Inclusionary Housing Programs KMA analyzes the financial impact associated with requiring private sector residential developers to set aside rental and ownership units for very-low, low, and moderate income households. These analyses quantify the net economic detriment created by the inclusionary requirement, after consideration of the benefits associated with various incentives being offered by public entities. KMA has assisted clients in drafting inclusionary housing ordinances and implementation documents, as well as participating in the public hearing approval process. D. Policies and Procedures Manuals KMA has written policies and procedures manuals for clients to ensure compliance with HOME Program regulations as well as developed programs for the use of HOME Program funds. In addition, KMA has prepared policies and procedures manuals to implement inclusionary housing programs and NSP programs. E. SB 341 Affordable Housing Reports KMA has prepared a template to be used by Housing Successor staff to prepare the required annual SB 341 report. In addition, KMA also prepares SB 341 reports for housing successor agencies. F. Compliance Monitoring Affordable rental housing is typically funded with a variety of layered funding sources. These sources impose income and affordability restrictions that require clients to monitor compliance with the relevant affordable standards. KMA’s experience includes structuring housing projects funded with multiple assistance sources and monitoring the completed projects to ensure continuing compliance with the income and affordability covenants. 14.d Packet Pg. 379 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 21 Keyser Marston Associates, Inc. 1812012v2.KMA G. Residual Receipts Calculation and Compliance KMA has assisted clients in the evaluation of affordable housing operations and ensuring compliance with residual receipts loan repayment terms. The evaluation typically includes a review of the annual audited financial statements and operating statements to determine the amount of any residual receipts payments that are due. V. FEES KMA is proposing to enter into a three-year contract for consulting services with the City. The specific projects outlined for Fiscal Year 2018 - 2019 have already been identified by the City. KMA estimates the total fee required to complete the scope of services for the four financial analysis projects at $45,000. Additionally, KMA proposes to prepare a HOME Policies and Procedures Manual for $25,000. As such, the total budget for Fiscal Year 2018 – 2019 is estimated at $70,000. The City anticipates the need for consulting services for similar financial analysis projects during the remaining two years of the contract – Fiscal Year 2019-2020 and Fiscal Year 2020-2021. Given the unspecified nature of the future projects the City may request KMA to analyze, KMA proposes that the $45,000 budget required for the specific financial analysis projects identified for Fiscal Year 2018-2019 be applied to the remaining two years of the three-year contract. As such, KMA proposes to enter into an annual contract amount of $45,000 for these two years. This results in a total three-year contract amount of $160,000 ($70,000 for the first year and $45,000 for each of the next two years). KMA proposes the following procedure to proceed with future assignments that have not already been identified: 14.d Packet Pg. 380 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 22 Keyser Marston Associates, Inc. 1812012v2.KMA Prior to commencing work on any assignment, KMA will provide a budget for the City’s approval. The billing rate schedule for Fiscal Year 2018 - 2019 is presented in the following table: Chairman & President $280.00 Managing Principals* $280.00 Senior Principals* $270.00 Principals* $250.00 Managers* $225.00 Senior Associates $187.50 Associates $167.50 Senior Analysts $150.00 Analysts $130.00 Technical Staff $95.00 Administrative Staff $80.00 Step 1 •A City staff person will contact KMA with a description of the engagement. Step 2 •KMA will assign the engagement to the appropriate KMA principal. Step 3 •The KMA principal will prepare a proposed scope of work, request for information, description of deliverables, a timeline, and a budget for the City's approval. Step 4 •Once KMA has received approval from the City to commence work on the engagement, KMA will prepare the work product in accordance with the agreed upon scope of work. Step 5 •Throughout all engagements, KMA staff will be available for in-person meetings and conference calls with staff, and public meetings as requested. 14.d Packet Pg. 381 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San City of San Bernardino January 3, 2019 Affordable Housing Services Page 23 Keyser Marston Associates, Inc. 1812012v2.KMA *Rates for individuals in these categories will be increased by 50% for time spent in court testimony. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. Directly related job expenses will be billed at 110% of cost. 14.d Packet Pg. 382 Attachment: CD.Agreement with Keyser Marston Associates.Exhibit A to PSA (5919 : Consultant Services Agreement Between the City of San 15.a Packet Pg. 383 Attachment: CM_San Bernardino City ROPS.Staff Report.19-20 A and B v1 (5920 : Recognized Obligation Payment Schedule 19-20 a & B) Fiscal Impact Pursuant to HSC § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The approval of the establishment of ROPS 19-20 A and B, which is attached as Exhibit “A”, will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations. ROPS 19-20 A and B includes $17,794,602-worth of funding required for 22 enforceable obligations, which are more particularly described on the ROPS Detail Form, which is page two of the ROPS. Further, ROPS 19-20 A and B does not include any new enforceable obligations and as noted in column “J” of the ROPS Detail Form, the Successor Agency has completed/retired two enforceable obligations during FY 2018-19 (i.e., item Nos. 17 and 41). Conclusion It is recommended that the Mayor and City Council, in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approve Recognized Obligation Payment Schedule 19-20 A and B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. Attachment Exhibit “A” -- ROPS 19-20 A and B Ward: Citywide Synopsis of Previous Council Actions: The Successor Agency considers its ROPS annually. ROPS 19-20 represents the ninth (9th) fiscal year for winding-down the former redevelopment agency. 15.a Packet Pg. 384 Attachment: CM_San Bernardino City ROPS.Staff Report.19-20 A and B v1 (5920 : Recognized Obligation Payment Schedule 19-20 a & B) Successor Agency:San Bernardino City County:San Bernardino Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 19-20A Total (July - December) 19-20B Total (January - June) ROPS 19-20 Total A 1,358,930$ 114,229$ 1,473,159$ B - - - C 789,980 - 789,980 D 568,950 114,229 683,179 E 13,703,745$ 2,617,698$ 16,321,443$ F 13,304,606 2,541,454 15,846,060 G 399,139 76,244 475,383 H Current Period Enforceable Obligations (A+E):15,062,675$ 2,731,927$ 17,794,602$ Name Title /s/ Signature Date Administrative RPTTF Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Recognized Obligation Payment Schedule (ROPS 19-20) - Summary Filed for the July 1, 2019 through June 30, 2020 Period Enforceable Obligations Funded as Follows (B+C+D): RPTTF Redevelopment Property Tax Trust Fund (RPTTF) (F+G): Bond Proceeds Reserve Balance Other Funds 15.bPacket Pg. 385Attachment: CM_San Bernardino City ROPS 19-20 v3-Exh A (5920 : Recognized Obligation Payment Schedule 19-20 a & B) A B C D E F G H I J K L M N O P Q R S T U V W Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $ 116,499,674 $ 17,794,602 $0 $ 789,980 $ 568,950 $ 13,304,606 $ 399,139 $ 15,062,675 $0 $0 $ 114,229 $ 2,541,454 $ 76,244 $ 2,731,927 3 1998A TABs Bonds Issued On or Before 12/31/10 3/2/1998 7/1/2020 US Bank Central City RDA Projects All 1,454,063 N $ 1,454,063 63,683 1,350,849 $ 1,414,532 39,531 $ 39,531 8 2005A TABs Bonds Issued On or Before 12/31/10 9/22/2005 10/1/2025 US Bank SC, CCN, SEIP, NW, TRI, UP and SV Projects All 24,351,712 N $ 4,980,576 4,500,208 $ 4,500,208 480,368 $ 480,368 9 2005B TABs Bonds Issued On or Before 12/31/10 9/22/2005 10/1/2025 US Bank SC, CCN, SEIP, NW, TRI, UP and SV Projects All 8,855,402 N $ 1,900,988 1,728,200 $ 1,728,200 172,788 $ 172,788 10 2010A RECOVERY ZONE Bonds Issued On or Before 12/31/10 12/6/2010 4/1/2030 US Bank Recovery Zone Projects All 7,875,886 N $ 716,624 98,240 120,071 $ 218,311 98,241 400,072 $ 498,313 11 2010B TABs Bonds Issued After 12/31/10 12/6/2010 4/1/2028 US Bank Northwest Project Area All 2,895,850 N $ 233,400 66,700 $ 66,700 166,700 $ 166,700 12 1995H Highland Lutheran SR Housing Revenue Bonds Issued On or Before 12/31/10 6/19/1995 7/1/2025 US Bank Sr Housing Complex All 912,062 N $ 149,138 1,210 25,859 $ 27,069 1,210 120,859 $ 122,069 13 1995R Casa Ramona Sr Housing Revenue Bonds Issued On or Before 12/31/10 6/19/1995 7/1/2025 US Bank Ramona Sr Housing Complex All 801,911 N $ 133,826 14,778 9,635 $ 24,413 14,778 94,635 $ 109,413 17 Cinema Section 108 Bonds Bonds Issued On or Before 12/31/10 6/15/1998 8/1/2018 Bank of New York Cinema Star Project All Y $- $- $- 18 Arden-Guthrie Sec. 108 Bonds Bonds Issued On or Before 12/31/10 7/24/2006 8/1/2025 Bank of New York North Arden/Guthrie Project -- Subordinate Credit to CDBG All 5,194,186 N $- $- $- 24 SB County Transitional Assistance Department (TAD) Leased Building OPA/DDA/Construction 8/16/2004 2/2/2020 Waterman Holdings Tax Sharing Agreement - New Construction All 98,338 N $ 98,338 48,682 $ 48,682 49,656 $ 49,656 30 PERS - Unfunded Pension Obligation Unfunded Liabilities 6/30/2010 6/30/2047 CalPERS The amount of the unfunded pension obligation was established by Cal PERS All 13,092,666 N $ 423,208 211,604 $ 211,604 211,604 $ 211,604 31 Retiree Health Benefit Miscellaneous 6/23/2005 8/10/2045 Various Retired Employees Retiree Supplemental Health Benefit per Agency Policy All 1,020,600 N $ 37,800 18,900 $ 18,900 18,900 $ 18,900 32 Successor Agency Admin.Admin Costs 2/1/2012 4/1/2030 Various Employees & Vendors Various admin activities in support of the dissolution of the former RDA (equals 3% of excel Cell N-6) All 4,091,395 N $ 475,383 399,139 $ 399,139 76,244 $ 76,244 38 Successor Agency Property Maintenance Property Maintenance 6/28/2011 8/10/2045 Various Vendors Maintenance of former RDA properties in accordance with AB 1484 All 40,000 N $ 40,000 20,000 $ 20,000 20,000 $ 20,000 41 Auto Plaza - Reader Board OPA/DDA/Construction 5/17/2010 4/1/2030 Citizens Business Bank Loan Guarantee Only All Y $- $- $- 84 Securities Servicing Fees 3/2/1998 4/1/2030 US Bank Securities Servicing of all Bonds All 582,944 N $ 26,352 11,501 $ 11,501 14,851 $ 14,851 96 Reimbursement Agreement for Debt Service on 1999 COPs Bonds Issued On or Before 12/31/10 9/29/1999 9/1/2024 City of San Bernardino Reimbursement for Debt Service for 1999 COPs (201 Bldg. & South Valle) All 3,772,837 N $ 633,901 558,413 $ 558,413 75,488 $ 75,488 115 Third-Party Related Litigation Litigation 2/1/2012 4/1/2030 Successor Agency Counsel Third-Party Related Litigation; On-going and Anticipated. The amount requested for this ROPS is related to the Placo lawsuit. All 100,000 N $ 100,000 50,000 $ 50,000 50,000 $ 50,000 120 Continuing Disclosure Services Professional Services 10/1/2012 12/1/1931 Urban Futures, Inc.Continuing Disclosure Services for 2002, 2002A, 2005A, 2005B, 2006, 2010A and 2010B TABs - ROPS "B" Cycle Only All 175,500 N $ 9,000 $- 9,000 $9,000 125 2016 Refunding TABs (Interest Portion Only) Refunding Bonds Issued After 6/27/12 11/1/2015 12/1/2031 US Bank Refunding TABs of the 1998B, 2002, 2002A and 2006 TABs and the 2010 and 2011 EB-5 Notes All 5,497,841 N $ 1,317,005 454,722 245,281 $ 700,003 617,002 $ 617,002 126 2016 Refunding TABs (Principal Reduction Portion Only) Refunding Bonds Issued After 6/27/12 11/1/2015 12/1/2031 US Bank Refunding TABs of the 1998B, 2002, 2002A and 2006 TABs and the 2010 and 2011 EB-5 Notes All 32,975,000 N $ 5,040,000 726,297 4,313,703 $ 5,040,000 $- 130 LRPMP Implementation Property Dispositions 12/31/2015 12/1/2031 Various Vendors, as needed Customary transaction costs related to sale of real property per LRPMP All 25,000 N $ 25,000 25,000 $ 25,000 $- 132 Capital Improvement Projects Funded by 2010B TABs Bond Funded Project – 2011 2/1/2016 12/31/2019 City of San Bernardino Capital improvements to be selected consistent with the applicable bond documents to be managed by City. Per the BEA and DOF approval, $135,078 has been transferred to the City. Any balance to be transfered requires a Last and Final ROPS. All 2,686,480 N $- $- $- 133 Judgement or Settlement Obligation Related to the Placo Lawsuit Litigation 9/6/2011 12/1/2031 Per Judgement or Settlement Payment as may be due per a judgment/settlement of Los Angeles Superior Court Case Nos. BC465755 and BC468955, Placo San Bernardino LLC v San Bernardino Redevelopment Agency, et al. All 1 N $- $- $- 134 N $- $- $- 135 N $- $- $- 136 N $- $- $- 137 N $- $- $- 138 N $- $- $- 139 N $- $- $- 140 N $- $- $- 141 N $- $- $- 142 N $- $- $- 143 N $- $- $- 144 N $- $- $- 145 N $- $- $- 146 N $- $- $- 147 N $- $- $- 148 N $- $- $- 149 N $- $- $- 150 N $- $- $- 151 N $- $- $- 152 N $- $- $- 153 N $- $- $- 154 N $- $- $- 155 N $- $- $- 156 N $- $- $- 157 N $- $- $- 158 N $- $- $- 159 N $- $- $- 160 N $- $- $- 161 N $- $- $- 162 N $- $- $- 163 N $- $- $- 164 N $- $- $- 165 N $- $- $- 166 N $- $- $- 167 N $- $- $- 168 N $- $- $- 169 N $- $- $- 170 N $- $- $- 171 N $- $- $- 172 N $- $- $- 173 N $- $- $- Fund Sources Fund Sources Contract/Agreement Termination Date ROPS 19-20 Total 19-20B (January - June) 19-20A Total San Bernardino City Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS Detail July 1, 2019 through June 30, 2020 (Report Amounts in Whole Dollars) Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 19-20A (July - December) 19-20B Total Project Name/Debt Obligation Obligation Type Contract/Agreement Execution Date 15.bPacket Pg. 386Attachment: CM_San Bernardino City ROPS 19-20 v3-Exh A (5920 : Recognized Obligation Payment Schedule 19-20 a & B) A B C D E F G H Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, Grants, Interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/16) RPTTF amount should exclude "A" period distribution amount 20,213,918 3,011,126 726,297 1,586,145 28,829 For Cell E-1, the $2,907 increase in the $720,502 balance shown in Cell E-4 on the Cash Balance form in ROPS 18-19 with respect to the CBB compensating balance deposit, is attributable to accounting for interest earnings. For Cell F-1, the $182,197 increase in the $1,586,145 balance shown in Cell G-4 on the Cash Balance form for ROPS 18-19 with respect to Other Funds, is attributable to correcting the total to match the applicable Financial Statements regarding interest earnings from past periods. For Cell G-1, the $28,820 shown is the result of fund reconcilliation analysis performed by the Successor Agency at the request of DOF. All of the beginning balance numbers for line 1 agree with the Successor Agency's fund reconcilliation and as agreed to by DOF. 2 Revenue/Income (Actual 06/30/17) RPTTF amount should tie to the ROPS 16-17 total distribution from the County Auditor-Controller 591,663 16,894,943 Cell G-2 equals $308,000 of rental income and $283,653 of third party debt service payments for ROPS 16-17. The amount shown in Cell G-2 equals the actual funds received for ROPS 16-17. 3 Expenditures for ROPS 16-17 Enforceable Obligations (Actual 06/30/17) 6,045,430 1,723,086 16,860,089 Cell C-4 is the amount of bond proceeds transferred to the City per the DOF-approved 3-21-16 Bond Expenditure Agreement. Cell F-3 is the sum of $591,663 of ROPS 16-17 expenditures of Other Funds and a $1,131,423 pay off o the DDR Installment Payment Agreement with DOF dated 12-16-15. 4 Retention of Available Cash Balance (Actual 06/30/17) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 14,168,488 3,011,126 726,297 454,722 63,683 Cells C-4 and D-4 are the remaining balances for the DSRFs. Cell E-4 equals the balance of the compensating balance deposit with CBB related to EO # 41, of which the total amount is programmed for ROPS 19-20. Cell G-4 includes a $454,722 rental income shortfall reserve for past ROPS periods (now no longer needed). The full amount is programmed for ROPS 19-20. Cell G-4 is the sum of unused RPTTF from prior periods. The full amount is programmed for ROPS 19-20. 5 ROPS 16-17 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 16-17 PPA form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/17) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) 0$ 0$ 0$ 0$ 0$ No entry required San Bernardino City Recognized Obligation Payment Schedule (ROPS 19-20) - Report of Cash Balances July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. Fund Sources Comments Bond Proceeds ROPS 16-17 Cash Balances (07/01/16 - 06/30/17)15.bPacket Pg. 387Attachment: CM_San Bernardino City ROPS 19-20 v3-Exh A (5920 : Recognized Obligation Payment Schedule 19-20 a & B) Item #Notes/Comments ROPS DETAIL 3 None. 8 None. 9 None. 10 For the 2010A bonds, the contribution from the federal government to offset interest costs is subject to being reduced by sequestration. The amounts shown in Cell Nos.N-10 and T-10 assumes full reimbursement and no sequestration. 11 None. 12 For the 1995H Bonds, the owner's contribution is equal to the estimated amount applicable during the current ROPS cycle. The owner's contribution tends to vary by payment period. The amounts shown in Cell Nos. N-12 and T-12 are estimates based on actual amounts paid during ROPS 16-17. 13 For the 1995R Bonds, the owner's contribution is equal to the estimated amount applicable during the current ROPS cycle. The owner's contribution tends to vary by payment period. The amounts shown in Cell Nos. N-13 and T-13 are estimates based on actual amounts paid during ROPS 16-17. 17 The payment due for ROPS 18-19 A will be the final payment for this enforceable obligation. 18 The Arden-Guthrie Section 108 (CDBG) Loan has an RDA stand-by guaranty that may only be called upon if the CDBG funds during any year are insufficient to make debt service. Since CDBG revenue is projected to be sufficient during ROPS 18-19 A and B, no current payment is needed from RPTTF. 24 The payments for this tax sharing agreement are conditioned upon the recipient meeting certain prerequisites with respect to the payment of current property taxes. To the extent that such preconditions are projected to be accomplished during a ROPS cycle, a current payment allocation will be requested. If it is projected that the necessary prerequisites will not be accomplished during a ROPS cycle, then payments pursuant to the obligating agreement will be deferred to a future ROPS cycle. 30 Pursuant to Cal PERS per letter invoice dated August 2017 Cal PERS is now billing annually for unfunded pension obligations. 31 None. 32 The amount of this EO is equal to 3% of the sum of the amounts indicated in columns "O" and "U". 38 The Successor Agency projects that the all of its real property assets will be liquidated by the end of calendar year 2018. 41 The Auto Plaza Reader Board Loan Guaranty may only be called on if the San Bernardino Auto Center Association, Inc. fails to make a debt service payment to Citizens Business Bank (CBB). No such payment failure is anticipated during ROPS 18-19 A and B. If a default occurs, the Successor Agency has a collateral loan account (Certificate of Deposit Account No. 2459956614) with CBB that will be used satisfy the default. The amount on deposit in the collateral loan account is $720,502 as is reported as part of the Successor Agency retained balances under Column E on the Cash Balance Report. 84 None. 96 None. 115 EO # 115 represents a budget for attorney fees in pending third-party litigation in Los Angeles Superior Court Case Nos. BC465755 and BC468955 involving Placo San Bernardino, LLC, the Successor Agency, and related parties. The budget estimate was created by the the Special Counsel representing the Successor Agency. EO # 133 relates to the same litigation and represents amounts that could be required in satisfaction of a judgment or settlement of the litigation. 120 EO # 120 is for continuing disclosure services, which is paid during the "B" ROPS cycle. 125 None. 126 None. 130 This EO is for costs for LRPMP Implementation that cannot be paid from land sales proceed. Costs may include selected vendors for appraisals, economists, legal, costs, fees, etc. San Bernardino City Recognized Obligation Payment Schedule (ROPS 19-20) - Notes July 1, 2019 through June 30, 2020 15.bPacket Pg. 388Attachment: CM_San Bernardino City ROPS 19-20 v3-Exh A (5920 : Recognized Obligation Payment Schedule 19-20 a & B) Item #Notes/Comments San Bernardino City Recognized Obligation Payment Schedule (ROPS 19-20) - Notes July 1, 2019 through June 30, 2020 132 Capital improvements to be selected consistent with the applicable bond documents to be managed by City. Per the BEA and DOF approval, $135,078 has been transferred to the City. Any balance to be transfered requires a Last and Final ROPS. Resolution of the Placo lawsuit (see EO # 115) is the prerequisite. 133 EO 133 would fund any payment as may be due in satisfaction of a judgment or settlement of Los Angeles Superior Court Case Nos. BC465755 and BC468955 involving Placo San Bernardino, LLC, the Successor Agency and related parties. EO # 115 relates to attorney fees for the same litigation but does not include amounts to be paid in satisfaction of a judgment or settlement. At this time EO # 133 is a placeholder. To the extent that an obligation for payment is established by or through the Superior Court, such payment will be specified on a future ROPS or amended ROPS. Further, the date noted in Cell D-133 as the agreement or contract date is the date that the action against the Agency was filed; it is not an obligation date. Also, 100% of the matter in dispute arises from pre-dissolution events and transactions. CASH BALANCES FORM Cell H-1 For Cell E-1, the $2,907 increase in the $720,502 balance shown in Cell E-4 on the Cash Balance form in ROPS 18-19 with respect to the CBB compensating balance deposit, is attributable to accounting for interest earnings. For Cell F-1, the $182,197 increase in the $1,586,145 balance shown in Cell G-4 on the Cash Balance form for ROPS 18-19 with respect to Other Funds, is attributable to correcting the total to match the applicable Financial Statements regarding interest earnings from past periods. For Cell G-1, the $28,820 shown is the result of fund reconcilliation analysis performed by the Successor Agency at the request of DOF. All of the beginning balance numbers for line 1 agree with the Successor Agency's fund reconcilliation and as agreed to by DOF. Cell H-2 Cell G-2 equals $308,000 of rental income and $283,653 of third party debt service payments for ROPS 16-17. The amount shown in Cell G-2 equals the actual funds received for ROPS 16-17. Cell H-3 Cell C-4 is the amount of bond proceeds transferred to the City per the DOF-approved 3-21-16 Bond Expenditure Agreement. Cell F-3 is the sum of $591,663 of ROPS 16-17 expenditures of Other Funds and a $1,131,423 pay off o the DDR Installment Payment Agreement with DOF dated 12-16-15. Cell H-4 Cells C-4 and D-4 are the remaining balances for the DSRFs. Cell E-4 equals the balance of the compensating balance deposit with CBB related to EO # 41, of which the total amount is programmed for ROPS 19-20. Cell G-4 includes a $454,722 rental income shortfall reserve for past ROPS periods (now no longer needed). The full amount is programmed for ROPS 19-20. Cell G-4 is the sum of unused RPTTF from prior periods. The full amount is programmed for ROPS 19-20.15.bPacket Pg. 389Attachment: CM_San Bernardino City ROPS 19-20 v3-Exh A (5920 : Recognized Obligation Payment Schedule 19-20 a & B) Consent Calendar City of San Bernardino Request for Council Action Date: January 16, 2018 To: Honorable Mayor and City Council Members From: Andrea Miller, City Manager By: Valerie R. Montoya, Administrative Assistant to City Council Subject: October 2018 and November 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November 2018. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in the month of October are presented for review by the Mayor and City Council including the: 1. Animal Control Commission – November 14, 2018 2. Library Board – October 9, 2018; November 13, 2018 3. Planning Commission – November 13, 2018 4. Public Safety and Human Relations Commission – October 8, 2018 5. Water Board – November 27, 2018 2018-2019 Goals and Objectives Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Goal No. 5: Improve City Government Operations. Fiscal Impact No fiscal impact to the City. 1/10/2019 3:34 PM 16.a Packet Pg. 390 Attachment: MCC.November 2018 BCCAC Approved Minutes.STAFF REPORT (5921 : October 2018 and November 2018 City Board, Conclusion Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in October 2018 and November 2018. Attachment Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in October 2018;  Exhibit “A” Animal Control Commission – November 14, 2018;  Exhibit “B” Library Board – October 9, 2018 and November 13,2 018;  Exhibit “C” Planning Commission – November 13, 2018;  Exhibit “D” Public Safety and Human Relations Commission – October 8, 2018  Exhibit “E” Water Board – November 27, 2018 1/10/2019 3:34 PM 16.a Packet Pg. 391 Attachment: MCC.November 2018 BCCAC Approved Minutes.STAFF REPORT (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 392 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 393 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 394 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 395 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 396 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 397 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 398 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 399 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 400 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 401 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 402 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 403 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 404 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 405 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 406 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 407 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 408 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 409 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 410 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 411 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 412 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 413 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 414 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 16.b Packet Pg. 415 Attachment: MCC.November2018 BCCAC Approved Minutes.STAFF REPORT.docx (5921 : October 2018 and November 2018 City Board, 17.a Packet Pg. 416 Attachment: PD.ANIMAL CONTROL .staff report (5922 : Animal Control Commission and Animal Control Program Update) 17.a Packet Pg. 417 Attachment: PD.ANIMAL CONTROL .staff report (5922 : Animal Control Commission and Animal Control Program Update) 17.a Packet Pg. 418 Attachment: PD.ANIMAL CONTROL .staff report (5922 : Animal Control Commission and Animal Control Program Update) 17.a Packet Pg. 419 Attachment: PD.ANIMAL CONTROL .staff report (5922 : Animal Control Commission and Animal Control Program Update) 17.a Packet Pg. 420 Attachment: PD.ANIMAL CONTROL .staff report (5922 : Animal Control Commission and Animal Control Program Update) 17.b Packet Pg. 421 Attachment: PD.Animal Control Commision and Program Update.02.ApprovedACCMinutes11.14.18 (5922 : Animal Control Commission and 17.b Packet Pg. 422 Attachment: PD.Animal Control Commision and Program Update.02.ApprovedACCMinutes11.14.18 (5922 : Animal Control Commission and 17.b Packet Pg. 423 Attachment: PD.Animal Control Commision and Program Update.02.ApprovedACCMinutes11.14.18 (5922 : Animal Control Commission and 17.c Packet Pg. 424 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 425 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 426 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 427 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 428 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 429 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 430 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.c Packet Pg. 431 Attachment: PD.Animal Control Commission and Program Update.03.Grant Funding Options. (5922 : Animal Control Commission and Animal 17.d Packet Pg. 432 Attachment: PD.ANIMAL CONTROL.att4 (5922 : Animal Control Commission and Animal Control Program Update) 17.d Packet Pg. 433 Attachment: PD.ANIMAL CONTROL.att4 (5922 : Animal Control Commission and Animal Control Program Update) 17.d Packet Pg. 434 Attachment: PD.ANIMAL CONTROL.att4 (5922 : Animal Control Commission and Animal Control Program Update) 17.d Packet Pg. 435 Attachment: PD.ANIMAL CONTROL.att4 (5922 : Animal Control Commission and Animal Control Program Update) 18.a Packet Pg. 436 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM oversee and supervise the staff providing services with due respect for the wi shes and work related needs of the Mayor and City Council. FY2018/19 Adopted Budget Legislative Function Consistent with Article III of the City Charter which provides for the City’s legislative function with the power to set policy, approve contracts and agreements, and undertake other obligations, the FY 2018/19 Adopted Budget includes funding for both the legislative function that consists of both the offices of the Mayor and City Council. The FY 2018/19 Adopted Budget related to the Mayor’s Offic e includes funding in the amount of $305,692 for three (3) dedicated full-time positions. These positions, that are currently filled, include:  One (1) Chief of Staff (U);  One (1) Assistant to the Mayor II (U); and  One (1) Assistant to the Mayor III (U). In addition to the funding for the Mayor’s Office, the FY 2018/19 Adop ted Budget for the legislative function includes funding in the amount of $370,378 for four (4) dedicated full-time positions that support the City Council. Three of these positions are currently filled, and there is one vacancy. The funded positions include :  One (1) Executive Staff Assistant to City Council (U);  One (1) Council Administrative Supervisor (U); and  Two (2) Administrative Assistants to City Council (U). City Manager’s Office Staffing in the City Manager’s Office includes general administration and oversight of City operations along with the operational personnel responsible for the oversight and front line support of the City’s Violence Intervention Program (VIP), the Cable Television Program (CATV), citywide recruitment, grant management, the air quality and rideshare program as well as the City’s information center. To clarify information that was presented at the January 2, 2019 Council meeting related to the staffing in the City Manager’s Office, the number of employees in this office was reduced from sixteen (16) full-time positions in FY 2017/18 to fourteen (14) full-time positions in the FY 2018/19 with the elimination of a bilingual SB Direct Call Taker and the Manager of Communications. The City currently has four (4) bilingual staff members responsible for responding to requests for service from the public through the City’s customer relationship management (CRM) system, in person at the information center and by phone, responding to more than 142,000 calls for service annually. Westbound Communications was engaged by the Mayor and City Council in April 2018 to serve the City’s communications needs. The contact established with Westbound Communications provides the City with a professional team that is able to augment and support the City’s communications efforts producing and designing the monthly newsletter and annual report, issuing press releases, as well as developing and 18.a Packet Pg. 437 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM distributing informational materials. Using Westbound Communications in place of handling this function in house provided for a savings of $90,000 in the FY2018/19 Adopted Budget. Discussion At the January 2, 2019, Council meeting there was significant discussion and a number of questions were asked and point s raised. City staff has attempted to capture and address each of these in this report and provide as much information as possible to enable the City Council to fully explore this and provide direction to staff at this meeting. The information, given in the form of options, to meet the legislative office support needs identified by the Mayor and City Council are based upon the questions and comments recited at the January 2nd meeting and are presented for consideration, further discussion and direction. Option IA As presented on January 2, 2019, the Mayor and City Council may fund six (6) new positions within the Mayor’s Office for a total of nine (9) positions using the existing job classifications, with amendments to comply with the City Charter, previously authorized by the City Council including:  One (1) Chief of Staff (U);  One (1) Executive Assistant to the Mayor (U);  One (1) Assistant to the Mayor III (U);  One (1) Assistant to the Mayor II (U);  Four (4) Assistant to the Mayor I (U); and  One (1) Senior Customer Service Representative (U), to serve as front office receptionist. The proposed six (6) additional positions would be assigned the duties as follows:  Assistant to the Mayor I (4 positions) This position will serve as liaison between the Mayor and constituents, district organizations, local governments, and state and federal agencies. This classification will monitor pertinent local issues, especially those involving local agencies, and keep the Mayor and staff up to date on pending matters.  Assistant to the Mayor III (U) (1 position) This position will serve as the communications director for the mayor to assist in his role as the chief spokesman for the city.  Senior Customer Service Representative (U) (1 position) This position will serve to greet visitors to the office; answer, screen and transfer telephone calls; refer calls or requests for services to the appropriate departments and agencies; and assist in preparing correspondence and other duties as needed in support of the Mayor’s Office. 18.a Packet Pg. 438 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM Under this service model there will be a total of thirteen (13) support staff (nine (9) in the Mayor’s Office and four (4) in the Council’s Office) dedicated to the legislative function of the City equating to 520 staff hours per week. The additional cost of the six (6) new positions in the Mayor’s Office would be between $386,853 and $508,262 annually depending on the starting salary placement. Assuming the new positions will be filled as early as January 2019, the additional cost in FY 2018/19 is nearly $254,131 (6 months of top step salary and benefits). The job specifications for the existing classifications within the Offices of the Mayor and City Council were developed before the adoption of the new City Charter. Prior to moving forward with adding and filling additional positions, the job descriptions will need to be updated to conform to the City Charter and address the support needs identified by the Mayor (Attachment 4). Option IB An alternative proposed by the Mayor would be to add two (2) positions in the Mayor’s office, eliminate the vacant Administrative Assistant position in the City Council’s O ffice and add four (4) field representatives supporting both the offices of the Mayor and City Council for a total of twelve (12) employees supporting the City’s legislative function including:  One (1) Chief of Staff (U);  One (1) Executive Assistant to the Mayor (U);  One (1) Assistant to the Mayor III (U);  One (1) Assistant to the Mayor II (U);  One (1) Senior Customer Service Representative (U), to serve as front office receptionist;  One (1) Administrative Assistant To City Council (U);  One (1) Executive Staff Assistant To City Council (U);  One (1) Council Administrative Supervisor (U);  Four (4) Legislative Field Representatives (U). The proposed five (5) new positions would be assigned the duties as follows:  Legislative Field Representatives (4 positions) This position will serve as liaison between the Mayor and Councilmembers and constituents, district organizations, local governments, and state and federal agencies. This classification will monitor pertinent local issues, especially those involving local agencies, and keep the Mayor, Councilmembers and staff up to date on pending matters.  Assistant to the Mayor III (U) (1 position) This position will serve as the communications director for the mayor to assist in his role as the chief spokesman for the city.  Senior Customer Service Representative (U) (1 position) This position will serve to greet visitors to the office; answer, screen and transfer telephone calls; refer calls or requests for services to the appropriate 18.a Packet Pg. 439 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM departments and agencies; and assist in preparing correspondence and other duties as needed in support of the Mayor’s Office. Under this service model there will be a total of twelve (12) support staff dedicated to the legislative function of the City equating to 480 staff hours per week. The additional cost of the five (5) new positions in the Mayor’s Office would be between $275,591 and $443,573 annually depending on the starting salary placement. Assuming the new positions will be filled as early as January 2019, the additional cost in FY 2018/19 is nearly $221,787 (6 months of top step salary and benefits). The job specifications for the existing classifications within the Offices of the Mayor and City Council were developed before the adoption of the new City Charter. Prior to moving forward with adding and filling additional positions, the job descriptions will need to be updated to conform to the City Charter and address the support needs identified by the Mayor (Attachment 4). In addition to the proposals suggested by the Mayor, the following options, responsive to the suggestions and comments, are offered for consideration. Option II Combine and reconfigure the support staff functions for the legislative branch of the City, eliminating existing classifications and establishing new job c lassifications that support the offices of both the Mayor and City Council and provide field personnel for the Mayor and individual members of the City Council including: 1. One (1) Chief of Staff to the Legislative Office (U); 2. One (1) Executive Assistant to the Legislative Office (U); 3. One (1) Administrative Assistant to the Legislative Office (U); 4. One (1) Office Assistant (U); and 5. Eight (8) Legislative Field Representatives with one representative assigned to support each member of the City Council and one representative assigned to support the Mayor. This will increase the number of support personnel assigned to the offices of the Mayor and City Council from seven (7) to twelve (12), providing a total of 480 hours of staff time dedicated to the legislative function of the City per week. The projected cost increase associated with this staffing model will be between $158,308 and $300,947 annually depending upon the established salary range and starting salary placement. Assuming the new positions will be filled as early as January 2019, the additional cost projected in FY 2018/19 is nearly $150,474 (6 months of top step salary and benefits). Six (6) of the seven (7) budgeted positions within the offices of the Mayor and City Council are filled. Realigning the support staff functions as identified above will impact existing staff and require classification and compensation changes. If the Mayor and City Council elect to move forward with this option the City will need to meet and confer with the impacted personnel. 18.a Packet Pg. 440 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM Option III Establish a support service model with six (6) support staff assigned to the Office of the Mayor and seven (7) support staff assigned to the City Council . This is similar to the staffing model used by the City of Riverside’s legislative branch discussed at the January 2, 2019 Council meeting. The adoption of this staffing model will require the use of a combination of existing and new job classifications including: 1. One (1) Chief of Staff to the Mayor (U); 2. One (1) Executive Assistant to the Mayor (U); 3. One (1) Assistant to the Mayor III (U); 4. One (1) Assistant to the Mayor II (U); 5. One (1) Assistant to the Mayor I (U); 6. One (1) Senior Customer Service Representative (U); and 7. Seven (7) Council Field Representatives with one representative assigned to support each member of the City Council. This will increase the number of support personnel assigned to the offices of the Mayor and City Council from seven (7) to thirteen (13), providing a total of 520 hours of staff time dedicated to the legislative function of the City per week. The projecte d cost increase associated with this staffing model will be between $272,933 and $437,205 annually depending upon the established salary range and starting salary placement. Assuming the new positions will be filled as early as January 2019, the additiona l cost projected in FY 2018/19 is nearly $218,603 (6 months of top step salary and benefits). Six (6) of the seven (7) budgeted positions within the offices of the Mayor and City Council are filled. Realigning the support staff functions as identified above will impact the four (4) staff members in the City Council’s Office and require classification and compensation changes. If the Mayor and City Council elect to move forward with this option the City will need to meet and confer with the impacted personnel. The job specifications for the existing classifications within the Offices of the Mayor and City Council were developed before the adoption of the new City Charter. Prior to moving forward with adding and filling additional positions, the job descriptions will need to be updated to conform to the City Charter and address identified support needs (Attachment 4). Option IV During the January 2, 2019 meeting, the Mayor and City Council drew a distinction between general law and charter cities. For this reason staff surveyed two additional charter cities (Anaheim and Huntington Beach) in add ition to Cities of Pomona and Riverside previously included in the legislative office staff support survey (Attachment 3). The staffing model established for the Cities of Huntington Beach and Pomona do not address the needs expressed by the Mayor and Cit y Council to have dedicated support personnel for the Mayor and each member of the City Council. W ith two (2) full time employees and a mix of part-time personnel, the City of Anaheim’s staffing model 18.a Packet Pg. 441 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM offers a solution that provides the Mayor and members of the City Council with greater flexibility in developing individualized staffing support. Option IV establishes a support service model with two (2) full time employees assigned to the Offices of the Mayor and City Council in addition to part-time, non-benefited personnel assigned to each member of the City Council equating to 290 dedicated support staff hours per week. Under this model, City Council members are able to hire aides that fit within the adopted budget equivalent to 0.75 of a full-time employee (part- time non-benefited employees are restricted to 1,000 hours within a 12-month period). The number of part-time aides supporting each member of the City Council will be determined by the funding allocated in the adopted budget, the established salary range and salary step for the selected personnel. The adoption of this staffing model will require the use of a combination of existing and new job classifications including: 1. One (1) Chief of Staff to the Mayor (U); 2. One (1) Council Administrative Supervisor (U); and 3. Seven (7) or more part-time non-benefited Council Field Representatives reporting to the members of the City Council. The implementation of this service model will reduce the cost, as compared to the FY 2018/19 Adopted Budget, of providing support staff for the legislative branch of the City from between $145,166 to $234,164 annually depending upon the established salary range and starting salary placement. Six (6) of the seven (7) budgeted positions within the office s of the Mayor and City Council are filled. Realigning the support staff functions as identified above will impact existing staff in both the offices of the Mayor and City Council and require classification and compensation changes for four (4) employees. Five (5) positions will be reduced from full time to part-time roles. If the Mayor and City Council elect to move forward with this option the City will need to meet and confer with the impacted personnel. The job specifications for the existing class ifications within the Offices of the Mayor and City Council were developed before the adoption of the new City Charter. Prior to moving forward with adding and filling additional positions, the job descriptions will need to be updated to conform to the City Charter and address identified support needs (Attachment 4). Budgetary Considerations If the funding required to provide additional personnel in the Offices of the Mayor and City Council is increased, it will require reductions in other areas. During the January 2, 2019 Council meeting the Mayor and City Council suggested using the salary savings from existing vacancies included in the FY 2018/19 budget. Transferring funding from existing general fund budgeted positions will result in the City being unable to fill the selected positions. Salary savings are generally used for one time expenditures as it is anticipated that position will be filled to meet the City’s identified goals and objectives. 18.a Packet Pg. 442 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM While the City is in some stage of recruitment to fill vacancies throughout the organization, there are currently vacancies in the following areas: Community and Economic Development Department  Chief Building Official  Director of Community and Economic Development  Development Services Technician City Council’s Office  Administrative Assistant to City Council Finance Department  Director of Finance  Deputy Director of Finance  Payroll Manager  Senior Business Registration Representative Police Department  Animal Shelter Attendants  Animal Control Officers  Animal Control Manager  Animal Shelter Supervisor  Customer Service Representatives  Community Services Officers  Community Engagement Specialists  Criminal Investigation Officer  Forensics Specialist  Police Dispatchers  Police Officers  Police Records Technicians  Property & Evidence Technician Public Works Department  Arborist  Data Analyst  Groundworker Arborist  Construction Inspector  Facilities Maintenance Mechanic  Lead Maintenance Worker  Maintenance Supervisor  Traffic Signal/Lighting Supervisor  Real Property Manager 18.a Packet Pg. 443 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM  Safety & Training Officer The total number of positions that will need to be defunded in FY 2018/19 will depend upon the staffing model adopted by the Mayor and City Council. While all of the budgeted vacant positions are needed to meet the City’s ide ntified goals and objectives, those that will have the least immediate impact on service obligations and may be used to support the Mayor and City Council’s objectives as part of a budget adjustment in FY 2018/19 include:  Community Engagement Specialists (2 positions)  Administrative Assistant to City Council (1 position) Depending upon the selected staffing model established by the Mayor and City Council to support the legislative branch of the City, additional positions may need to be defunded in FY 2018/19 and excluded from the FY 2019/20 budged. Recruitment Process Once the Mayor and City Council establish the preferred staffing model and allocate the required funding, City staff will develop and implement a recruitment plan based upon the direction provided by the Mayor and City Council. Members of the City Council have expressed a desire to see local residents and students attending local schools have an opportunity to fill entry level positions within the Offices of the Mayor and City Council. Staff will need direction from the Mayor and City Council as to how they would like to proceed with recruiting for and filling positions within the legislative branch. These options include: 1. Initiating an open recruitment process in keeping the City’s standard recruitment process, accepting applications submitted on-line, followed by application review, candidate interviews and selection; 2. Partner with local schools to identify qualified candidates; or 3. Partner with the San Bernardino County Office of Workforce Development to target and find qualified applicants. Financial Impact If the Mayor and City Council elect to adopt a support staffing model as demonstrated in options I-III the financial impact is estimated to be between $300,947 and $524,572 annually. Increases in staffing over the next 10 years are projected to cost more than $4.8 million. Conversely, option IV presents an annual reduction in cost ranging from $145,166 to $234,164 in savings. 2018-2019 Goals and Objectives The proposed changes to the Mayor’s Office align with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City, as the perceptions of the City are directly related to our ability to encourage investment in and attract economic development to the 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 18.a Packet Pg. 444 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the 1/11/2019 2:39 PM Bernardino receives its fair share of resources by maintaining close working relationships with other governmental agencies. Conclusion It is recommended the City Council review, discuss, consider and provide direction regarding staffing required to meet the operational needs identified by the Mayor and City Council to support the City’s legislative function. Attachment 1 Mayor’s Staffing Analysis Attachment 2 10-Year Historical Data on Mayor’s Office Staffing Attachment 3 Legislative Office Staff Support Survey Attachment 4 Current Legislative Office Job Specifications Attachment 5 City of Anaheim Legislative Office Job Specifications Attachment 6 City of Riverside Legislative Office Job Specifications Ward: All Synopsis of Previous Council Actions: N/A 18.a Packet Pg. 445 Attachment: CM.Legislative Office Staffing.01.Staff Report 1.16.19 (5923 : Support Staffing for the City’s Legislative Branch – Offices of the Legislative Office Staffing Analysis Option I Current Personnel Budget (Minus Mayor & Members of the City Council) Title BU Salary Range Current Budget PERS @ Actual Tier Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$ Current Assistant to Mayor III (U)Mgmt 526 $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$ Current Assistant to Mayor II (U)Mgmt 476 $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$ Current Annualized Cost of Positions in the Mayor's Office 305,692.41$ Current Administrative Assistant To City Council (U)Conf 446 $ 56,571.75 5,016.78$ 14,340.00$ 820.29$ 76,748.82$ Current Administrative Assistant To City Council (U)Conf 446 $ 53,881.50 4,778.21$ 14,340.00$ 781.28$ 73,780.99$ Current Council Administrative Supervisor (U)Conf 496 $ 74,695.11 6,623.96$ 14,340.00$ 1,083.08$ 96,742.15$ Current Executive Staff Assistant To City Council (U)Conf 546 $ 98,593.20 8,743.24$ 14,340.00$ 1,429.60$ 123,106.05$ Current Annualized Cost of Positions in the City Council's Office 370,378.01$ Current Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council 676,070.42$ Title BU Salary Range Bottom Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$ Change Executive Assistant to Mayor (U)Mgmt 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Current Assistant to Mayor II (U)Mgmt 476 57,216.00$ 5,820.01$ 14,340.00$ 829.63$ 78,205.64$ Current Administrative Assistant To City Council (U)Conf 446 49,260.00$ 5,010.73$ 14,340.00$ 714.27$ 69,325.00$ Current Administrative Assistant To City Council (U)Conf 446 49,260.00$ 5,010.73$ 14,340.00$ 714.27$ 69,325.00$ Current Council Administrative Supervisor (U)Conf 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Current Executive Staff Assistant To City Council (U)Conf 546 81,120.00$ 8,251.53$ 14,340.00$ 1,176.24$ 104,887.77$ New Assistant to Mayor III (U)Mgmt 526 73,416.00$ 7,467.88$ 14,340.00$ 1,064.53$ 96,288.41$ New Assistant to the Mayor I (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Assistant to the Mayor I (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Assistant to the Mayor I (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Assistant to the Mayor I (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Senior Customer Service Representative (U)Conf 396 38,388.00$ 3,904.83$ 14,340.00$ 556.63$ 57,189.45$ Annualized Cost of Option IA at Bottom Step 1,020,986.44$ OPTION IA at Bottom Step - 13 positions total. Keep 2 current positions, add 6 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). Updated: 1.11.2019 Attachment 1 18.bPacket Pg. 446Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option I OPTION IA at Middle Step - 13 positions total. Keep 2 current positions, add 6 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). Title BU Salary Range Middle Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$ Change Executive Assistant to Mayor (U)Mgmt 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Current Assistant to Mayor II (U)Mgmt 476 63,084.00$ 6,416.90$ 14,340.00$ 914.72$ 84,755.62$ Current Administrative Assistant To City Council (U)Conf 446 54,312.00$ 5,524.62$ 14,340.00$ 787.52$ 74,964.14$ Current Administrative Assistant To City Council (U)Conf 446 54,312.00$ 5,524.62$ 14,340.00$ 787.52$ 74,964.14$ Current Council Administrative Supervisor (U)Conf 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Current Executive Staff Assistant To City Council (U)Conf 546 89,436.00$ 9,097.43$ 14,340.00$ 1,296.82$ 114,170.25$ New Assistant to Mayor III (U)Mgmt 526 80,952.00$ 8,234.44$ 14,340.00$ 1,173.80$ 104,700.24$ New Assistant to the Mayor I (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Assistant to the Mayor I (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Assistant to the Mayor I (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Assistant to the Mayor I (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Senior Customer Service Representative (U)Conf 396 42,324.00$ 4,305.20$ 14,340.00$ 613.70$ 61,582.90$ Annualized Cost of Option IA at Middle Step 1,106,564.79$ OPTION IA at Top Step - 13 positions total. Keep 2 current positions, add 6 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). Title BU Salary Range Top Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$ Change Executive Assistant to Mayor (U)Mgmt 496 $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Current Assistant to Mayor II (U)Mgmt 476 69,552.00$ 7,074.83$ 14,340.00$ 1,008.50$ 91,975.33$ Current Administrative Assistant To City Council (U)Conf 446 59,880.00$ 6,090.99$ 14,340.00$ 868.26$ 81,179.25$ Current Administrative Assistant To City Council (U)Conf 446 59,880.00$ 6,090.99$ 14,340.00$ 868.26$ 81,179.25$ Current Council Administrative Supervisor (U)Conf 496 76,836.00$ 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Current Executive Staff Assistant To City Council (U)Conf 546 98,604.00$ 10,030.00$ 14,340.00$ 1,429.76$ 124,403.76$ New Assistant to Mayor III (U)Mgmt 526 $ 89,244.00 9,077.90$ 14,340.00$ 1,294.04$ 113,955.94$ New Assistant to the Mayor I (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Assistant to the Mayor I (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Assistant to the Mayor I (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Assistant to the Mayor I (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Senior Customer Service Representative (U)Conf 396 $ 46,668.00 4,747.07$ 14,340.00$ 676.69$ 66,431.75$ Annualized Cost of Option IA at Top Step 1,200,822.88$ Updated: 1.11.2019 18.bPacket Pg. 447Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option I Title BU Salary Range Bottom Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$ Change Executive Assistant to Mayor (U)Mgmt 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Current Assistant to Mayor II (U)Mgmt 476 57,216.00$ 5,820.01$ 14,340.00$ 829.63$ 78,205.64$ Current Administrative Assistant To City Council (U)Conf 446 49,260.00$ 5,010.73$ 14,340.00$ 714.27$ 69,325.00$ Current Council Administrative Supervisor (U)Conf 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Current Executive Staff Assistant To City Council (U)Conf 546 81,120.00$ 8,251.53$ 14,340.00$ 1,176.24$ 104,887.77$ New Assistant to Mayor III (U)Mgmt 526 73,416.00$ 7,467.88$ 14,340.00$ 1,064.53$ 96,288.41$ New Legislative Field Representative (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Senior Customer Service Representative (U)Conf 396 38,388.00$ 3,904.83$ 14,340.00$ 556.63$ 57,189.45$ Annualized Cost of Option IB at Bottom Step 951,661.44$ Title BU Salary Range Middle Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$ Change Executive Assistant to Mayor (U)Mgmt 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Current Assistant to Mayor II (U)Mgmt 476 63,084.00$ 6,416.90$ 14,340.00$ 914.72$ 84,755.62$ Current Administrative Assistant To City Council (U)Conf 446 54,312.00$ 5,524.62$ 14,340.00$ 787.52$ 74,964.14$ Current Council Administrative Supervisor (U)Conf 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Current Executive Staff Assistant To City Council (U)Conf 546 89,436.00$ 9,097.43$ 14,340.00$ 1,296.82$ 114,170.25$ New Assistant to Mayor III (U)Mgmt 526 80,952.00$ 8,234.44$ 14,340.00$ 1,173.80$ 104,700.24$ New Legislative Field Representative (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Senior Customer Service Representative (U)Conf 396 42,324.00$ 4,305.20$ 14,340.00$ 613.70$ 61,582.90$ Annualized Cost of Option IB at Middle Step 1,031,600.65$ OPTION IB at Bottom Step - 12 positions total. Keep 6 current positions , delete 1 position, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). OPTION IB at Middle Step - 12 positions total. Keep 6 current positions , delete 1 position, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). Updated: 1.11.2019 18.bPacket Pg. 448Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option I Title BU Salary Range Top Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$ Change Executive Assistant to Mayor (U)Mgmt 496 $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Current Assistant to Mayor II (U)Mgmt 476 69,552.00$ 7,074.83$ 14,340.00$ 1,008.50$ 91,975.33$ Current Administrative Assistant To City Council (U)Conf 446 59,880.00$ 6,090.99$ 14,340.00$ 868.26$ 81,179.25$ Current Council Administrative Supervisor (U)Conf 496 76,836.00$ 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Current Executive Staff Assistant To City Council (U)Conf 546 98,604.00$ 10,030.00$ 14,340.00$ 1,429.76$ 124,403.76$ New Assistant to Mayor III (U)Mgmt 526 $ 89,244.00 9,077.90$ 14,340.00$ 1,294.04$ 113,955.94$ New Legislative Field Representative (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Senior Customer Service Representative (U)Conf 396 $ 46,668.00 4,747.07$ 14,340.00$ 676.69$ 66,431.75$ Annualized Cost of Option IB at Top Step 1,119,643.62$ Note: The Legislative Field Representative classification has not yet been established. To establish the classification a job specification will need to be developed following a classification and compensation analysis and presented to the Mayor and City Council for approval. OPTION IB at Top Step - 12 positions total. Keep 6 current positions , delete 1 position, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor Updated: 1.11.2019 18.bPacket Pg. 449Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option II Current Personnel Budget (Minus Mayor & Members of the City Council) Title BU Salary Range Current Budget PERS @ Actual Tier Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$ Current Assistant to Mayor III (U)Mgmt 526 $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$ Current Assistant to Mayor II (U)Mgmt 476 $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$ Current Annualized Cost of Positions in the Mayor's Office 305,692.41$ Current Administrative Assistant To City Council (U)Conf 446 $ 56,571.75 5,016.78$ 14,340.00$ 820.29$ 76,748.82$ Current Administrative Assistant To City Council (U)Conf 446 $ 53,881.50 4,778.21$ 14,340.00$ 781.28$ 73,780.99$ Current Council Administrative Supervisor (U)Conf 496 $ 74,695.11 6,623.96$ 14,340.00$ 1,083.08$ 96,742.15$ Current Executive Staff Assistant To City Council (U)Conf 546 $ 98,593.20 8,743.24$ 14,340.00$ 1,429.60$ 123,106.05$ Current Annualized Cost of Positions in the City Council's Office 370,378.01$ Current Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council 676,070.42$ OPTION II at Bottom Step - Eliminate existing job classifications in the Offices of the Mayor and City Council and establish new job classifications supporting both offices. Title BU Salary Range Bottom Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Change/New Chief of Staff to the Legislative Office (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$ Change/New Executive Assistant to the Legislative Office (U)Mgmt 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Change/New Administrative Assistant To the Legislative Office (U)Conf 446 49,260.00$ 5,010.73$ 14,340.00$ 714.27$ 69,325.00$ Change Office Assistant (U)Conf 346 29,916.00$ 3,043.06$ 14,340.00$ 433.78$ 47,732.84$ Change/New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Change/New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Change/New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Legislative Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Annualized Cost of Option II at Bottom Step 834,377.97$ Updated: 1.11.2019 18.bPacket Pg. 450Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option II OPTION II at Middle Step - Eliminate existing job classifications in the Offices of the Mayor and City Council and establish new job classifications supporting both offices. Title BU Salary Range Middle Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Change/New Chief of Staff to the Legislative Office (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$ Change/New Executive Assistant to the Legislative Office (U)Mgmt 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Change/New Administrative Assistant To the Legislative Office (U)Mgmt 446 63,084.00$ 6,416.90$ 14,340.00$ 914.72$ 84,755.62$ Change Office Assistant (U)Conf 346 32,988.00$ 3,355.54$ 14,340.00$ 478.33$ 51,161.87$ Change/New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Change/New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Change/New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Legislative Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Annualized Cost of Option II at Middle Step 912,080.28$ OPTION II at Top Step - Eliminate existing job classifications in the Offices of the Mayor and City Council and establish new job classifications supporting both offices. Title BU Salary Range Top Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Change/New Chief of Staff to the Legislative Office (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$ Change/New Executive Assistant to the Legislative Office (U)Mgmt 496 $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Change/New Administrative Assistant To the Legislative Office (U)Conf 446 59,880.00$ 6,090.99$ 14,340.00$ 868.26$ 81,179.25$ Change Office Assistant (U)Conf 346 36,360.00$ 3,698.54$ 14,340.00$ 527.22$ 54,925.76$ Change/New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Change/New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Change/New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Legislative Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Annualized Cost of Option II at Top Step 977,017.50$ Note: Option II will require changes in classifications for the existing six (6) employees in the Offices of the Mayor and City Council and will represent a reduction in compensation for some personnel. In order to move forward, the City will need to meet and confer with the impacted personnel. None of the identified classifications have been established. To establish the classifications, job specifications will need to be developed following a classification and compensation analysis and presented to the Mayor and City Council for approval. Updated: 1.11.2019 18.bPacket Pg. 451Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option III Current Personnel Budget (Minus Mayor & Members of the City Council) Title BU Salary Range Current Budget PERS @ Actual Tier Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$ Current Assistant to Mayor III (U)Mgmt 526 $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$ Current Assistant to Mayor II (U)Mgmt 476 $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$ Current Annualized Cost of Positions in the Mayor's Office 305,692.41$ Current Administrative Assistant To City Council (U)Conf 446 $ 56,571.75 5,016.78$ 14,340.00$ 820.29$ 76,748.82$ Current Administrative Assistant To City Council (U)Conf 446 $ 53,881.50 4,778.21$ 14,340.00$ 781.28$ 73,780.99$ Current Council Administrative Supervisor (U)Conf 496 $ 74,695.11 6,623.96$ 14,340.00$ 1,083.08$ 96,742.15$ Current Executive Staff Assistant To City Council (U)Conf 546 $ 98,593.20 8,743.24$ 14,340.00$ 1,429.60$ 123,106.05$ Current Annualized Cost of Positions in the City Council's Office 370,378.01$ Current Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council 676,070.42$ OPTION III at Bottom Step - Adopt a staffing model with 13 support staff assigned to the Mayor and City Council. Title BU Salary Range Bottom Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$ Change Executive Assistant to Mayor (U)Mgmt 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Current Assistant to Mayor II (U)Mgmt 476 57,216.00$ 5,820.01$ 14,340.00$ 829.63$ 78,205.64$ New Assistant to Mayor III (U)Mgmt 526 73,416.00$ 7,467.88$ 14,340.00$ 1,064.53$ 96,288.41$ New Assistant to the Mayor I (U)Mgmt 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Senior Customer Service Representative (U)Conf 396 38,388.00$ 3,904.83$ 14,340.00$ 556.63$ 57,189.45$ Change/New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Change/New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Change/New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Change/New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ New Council Field Representative (U)Conf 426 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$ Annualized Cost of Option III at Bottom Step 949,003.64$ Updated: 1.11.2019 18.bPacket Pg. 452Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option III OPTION III at Middle Step -Adopt a staffing model with 13 support staff assigned to the Mayor and City Council. Title BU Salary Range Middle Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$ Change Executive Assistant to Mayor (U)Mgmt 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Current Assistant to Mayor II (U)Mgmt 476 63,084.00$ 6,416.90$ 14,340.00$ 914.72$ 84,755.62$ New Assistant to Mayor III (U)Mgmt 526 80,952.00$ 8,234.44$ 14,340.00$ 1,173.80$ 104,700.24$ New Assistant to the Mayor I (U)Mgmt 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Senior Customer Service Representative (U)Conf 396 42,324.00$ 4,305.20$ 14,340.00$ 613.70$ 61,582.90$ Change/New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Change/New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Change/New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Change/New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ New Council Field Representative (U)Conf 426 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$ Annualized Cost of Option III at Middle Step 1,027,201.55$ OPTION III at Top Step - Adopt a staffing model with 13 support staff assigned to the Mayor and City Council. Title BU Salary Range Top Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$ Change Executive Assistant to Mayor (U)Mgmt 496 $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Current Assistant to Mayor II (U)Mgmt 476 69,552.00$ 7,074.83$ 14,340.00$ 1,008.50$ 91,975.33$ New Assistant to Mayor III (U)Mgmt 526 $ 89,244.00 9,077.90$ 14,340.00$ 1,294.04$ 113,955.94$ New Assistant to the Mayor I (U)Mgmt 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Senior Customer Service Representative (U)Conf 396 $ 46,668.00 4,747.07$ 14,340.00$ 676.69$ 66,431.75$ Change/New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Change/New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Change/New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Change/New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ New Council Field Representative (U)Conf 426 $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$ Annualized Cost of Option III at Top Step 1,113,275.51$ Note: Option III will require changes in classifications for four (4) of the six (6) employees in the Office of the City Council and will represent a reduction in compensation for some personnel. In order to move forward, the City will need to meet and confer with the impacted personnel. Some of the identified classifications have yet to be established. To establish the classifications, job specifications will need to be developed following a classification and compensation analysis and presented to the Mayor and City Council for approval. Updated: 1.11.2019 18.bPacket Pg. 453Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option IV Current Personnel Budget (Minus Mayor & Members of the City Council) Title BU Salary Range Current Budget PERS @ Actual Tier Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$ Current Assistant to Mayor III (U)Mgmt 526 $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$ Current Assistant to Mayor II (U)Mgmt 476 $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$ Current Annualized Cost of Positions in the Mayor's Office 305,692.41$ Current Administrative Assistant To City Council (U)Conf 446 $ 56,571.75 5,016.78$ 14,340.00$ 820.29$ 76,748.82$ Current Administrative Assistant To City Council (U)Conf 446 $ 53,881.50 4,778.21$ 14,340.00$ 781.28$ 73,780.99$ Current Council Administrative Supervisor (U)Conf 496 $ 74,695.11 6,623.96$ 14,340.00$ 1,083.08$ 96,742.15$ Current Executive Staff Assistant To City Council (U)Conf 546 $ 98,593.20 8,743.24$ 14,340.00$ 1,429.60$ 123,106.05$ Current Annualized Cost of Positions in the City Council's Office 370,378.01$ Current Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council 676,070.42$ Title BU Salary Range Bottom Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$ Current Council Administrative Supervisor (U)Conf 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ New Council Field Representative (Part-Time)Part-Time Part-Time 33,444.00$ 484.94$ 33,928.94$ Annualized Cost of Option IV at Bottom Step 441,906.85$ OPTION IV at Bottom Step - Adopt a staffing model with 2 full-time employees and a mix of part-time, non-benefited, support staff assigned to the Mayor and City Council. The number of part-time employees are based upon the equivalent of 0.75 employees for each member of the City Council as established in the adopted budget. Updated: 1.11.2019 18.bPacket Pg. 454Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Legislative Office Staffing Analysis Option IV Title BU Salary Range Middle Step Salary PERS @ Tier 3 Health Medicare Total Salary & Benefits Current Mayor's Chief of Staff (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$ Current Council Administrative Supervisor (U)Conf 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ New Council Field Representative (Part-Time)Part-Time Part-Time 36,873.00$ 534.66$ 37,407.66$ Annualized Cost of Option IV at Middle Step 484,273.68$ Title BU Salary Range Top Step Salary* PERS @ Tier 3 Health Medicare Total Salary & Benefits* Current Mayor's Chief of Staff (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$ Current Council Administrative Supervisor (U)Conf 496 76,836.00$ 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ Change/New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ New Council Field Representative (Part-Time)Part-Time Part-Time $ 40,644.00 589.34$ 41,233.34$ Annualized Cost of Option IV at Top Step 530,904.30$ *Part-Time salary and benefits based upon a 0.75 full-time equivalent. Part-time, non-benefited employees are restricted to 1,000 hours within a 12-month period. Note: Option IV will require changes in classifications for four (4) of the six (6) employees in the Offices of the Mayor and City Council and will represent a reduction in compensation for the majority of personnel. In order to move forward, the City will need to meet and confer with the impacted personnel. Some of the identified classifications have yet to be established. To establish the classifications, job specifications will need to be developed following a classification and compensation analysis and presented to the Mayor and City Council for approval. OPTION IV at Middle Step - Adopt a staffing model with 2 full-time employees and a mix of part-time, non-benefited, support staff assigned to the Mayor and City Council. The number of part-time employees are based upon the equivalent of 0.75 employees for each member of the City Council as established in the adopted budget. OPTION IV at Top Step - Adopt a staffing model with 2 full-time employees and a mix of part-time, non-benefited, support staff assigned to the Mayor and City Council. The number of part-time employees are based upon the equivalent of 0.75 employees for each member of the City Council as established in the adopted budget. Updated: 1.11.2019 18.bPacket Pg. 455Attachment: CM.Legislative Office Staffing.02.Staffing Analysis.Attachment 1 (5923 : Support Staffing for the City’s Legislative Branch – Offices Attachment 2 18.cPacket Pg. 456Attachment: CM.Legislative Office Staffing.03.10-Year Historical Data on Mayor's Office Staffing (5923 : Support Staffing for the City’s Low High Executive Staff Assistant to City Council (U) (FT)81,120.00$ 98,604.00$ 1 Administrative Assistant to City Council (U) (FT)49,260.00$ 59,880.00$ 1 Administrative Assistant to City Council (U) (FT)49,260.00$ 59,880.00$ 1 Council Administrative Supervisor (U) (FT)63,216.00$ 76,836.00$ 1 Mayor's Chief of Staff (U) (FT)94,212.00$ 114,516.00$ 1 Assistant to the Mayor III (U) (FT)73,416.00$ 89,244.00$ 1 Assistant to the Mayor II (U) (FT)57,216.00$ 69,552.00$ 1 TOTAL:467,700.00$ 568,512.00$ 7 Low High Council Services Coordinator (FT)67,475.00$ 96,996.00$ 1 Employee reports to City Manager Chief Policy Advisor to the Mayor (FT)74,391.00$ 106,937.00$ 1 Employee reports to Mayor City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 City Council Aide I, City Council Aide II, Senior Policy Aide (Part-Time/At-Will/Non-Benefitted) 21,309.60$ 65,036.40$ 0.75 TOTAL:269,723.60$ 594,151.40$ 6.5 Low High Administrative Assistant (FT)58,406.40$ 72,342.40$ 1 TOTAL:58,406.40$ 72,342.40$ 1 Low High Administrative Assistant III (FT)44,760.00$ 54,396.00$ 1 TOTAL:44,760.00$ 54,396.00$ 1 Employees reports to respective City Councilmember Based on the allotted budget for the fiscal year, councilmembers may hire an aide or aides that fit within that established budget, generally hourly aides, depending on classification, equivalent to 0.75 Full Time Employees (FTE). {Ex: 3 City Council Aide 1s at 0.25 FTE or 1 City Council Aide II at 0.5 FTE or 1 Senior Policy Aide at 0.3 FTE} City of San Bernardino Legislative Office Staff Support Survey Agency Classification Title Annual Base Salary No. of Position Reporting Structure Supports Employees report to City Manager Supports (7) City Council membersCity of San Bernardino Population: 216,995 System: Council - Manager Type: Charter City Employees report to Mayor Supports the Mayor Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Anaheim Population: 352,497 System: Council - Manager Type: Charter City Administrative functions Policy advisement for the Mayor Reporting Structure City of Pomona Population: 152,939 System: Council - Manager Type: Charter City Employee reports to the City Manager & Deputy City Manager Supports City Manager, Mayor and (6) City Council members SupportsAgencyClassification Title Annual Salary No. of Position Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Huntington Beach Population: 201,874 System: Council - Manager Type: Charter City Employee reports to City Manager Supports (7) City Council members including appointed Mayor. Updated on 1/10/2019 Attachment 3 18.d Packet Pg. 457 Attachment: CM.Legislative Office Staffing.04.Legislative Office Staff Support Survey (5923 : Support Staffing for the City’s Legislative Branch Low High Chief of Staff (FT)$79,164.00 $98,940.00 1 Senior Office Specialist (FT)$34,452.00 $46,164.00 1 International Relations Officer (FT)$81,540.00 $109,284.00 1 Administrative Assistant to the Mayor (FT)$50,064.00 $60,888.00 1 Assistant to the Mayor (FT)$51,528.00 $69,072.00 1 Assistant to the Mayor (FT)$51,528.00 $69,072.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 Council Assistant (FT)$47,376.00 $63,504.00 1 TOTAL:$679,908.00 $897,948.00 13 Low High Executive Assistant to the City Council (FT)57,744.00$ 70,176.00$ 1 Management Assistant (FT)68,892.00$ 83,736.00$ 1 TOTAL:126,636.00$ 153,912.00$ 2 Low High Management Services Assistant (FT)42,660.00$ 52,080.00$ 1 Senior Management Services Assistant (FT)46,212.00$ 56,412.00$ 1 Office Assistant (Part-Time/At-Will/Non-Benefitted)15,120.00$ 18,462.00$ 0.5 TOTAL:103,992.00$ 126,954.00$ 2.5 Low High Executive Secretary to the City Manager (FT)69,680.00$ 84,697.00$ 1 TOTAL:69,680.00$ 84,697.00$ 1 Low High Executive Assistant to Mayor and City Council (FT)59,050.16$ 83,139.26$ 1 Administrative Assistant (FT)46,267.31$ 65,141.65$ 1 Administrative Assistant (FT)46,267.31$ 65,141.65$ 1 Management Aide (FT)51,009.71$ 71,818.86$ 1 Office Assistant (Part-Time/At-Will/Non-Benefitted)15,975.03$ 22,491.77$ 0.5 TOTAL:218,569.52$ 307,733.19$ 4.5 Low High Executive Assistant to the City Manager (FT)107,099.20$ 130,166.40$ 1 Administrative Assistant to the Council (FT)72,217.60$ 87,734.40$ 1 Office Specialist (FT)42,702.40$ 51,459.20$ 1 TOTAL:222,019.20$ 269,360.00$ 3 Employees report to City Manager All function under the Administration Department supporting: City Manager, City Clerk, Mayor and (4) City Council members Employees report to City Manager City of Moreno Valley Population: 207,226 System: Council - Manager Type: General Law City Employees report to the City Clerk Supports Mayor, City Clerk and (4) City Council members Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Fontana Population: 211,815 System: Council - Manager Type: General Law City Employee reports to City Manager Supports City Manager, Mayor and (4) City Council members Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Corona Population: 167,836 System: Council - Manager Type: General Law City Employees report to the Assistant City Manager Agency Classification Title Annual Salary No. of Position Reporting Structure Supports Agency Classification Title Annual Salary No. of Position Reporting Structure City of Ontario Population: 175,841 System: Council - Manager Type: General Law City Agency Classification Title Annual Salary No. of Position Reporting Structure Supports Supports All function under the City Manager's Office supporting: City Manager, Mayor, and (4) City Council members All function under Management Services Department supporting: City Manager, Mayor, (4) City Council members. Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Chino Population: 89,797 System: Council - Manager Type: General Law City City of Riverside Population: 327,728 System: Council - Manager Type: Charter City Employees report to the Mayor Employees report to respective Council Member Each council member has a field representative Supports the Mayor Updated on 1/10/2019 18.d Packet Pg. 458 Attachment: CM.Legislative Office Staffing.04.Legislative Office Staff Support Survey (5923 : Support Staffing for the City’s Legislative Branch Low High Executive Assistant (FT)53,316.00$ 71,916.00$ 1 Administrative Secretary (FT)53,088.00$ 55,613.00$ 1 Office Specialist I (FT)30,648.00$ 41,340.00$ 1 TOTAL:137,052.00$ 168,869.00$ 3 Low High Senior Administrative Assistant (FT)44,832.00$ 54,494.04$ 1 TOTAL:44,832.00$ 54,494.04$ 1 Low High Executive Assistant to City Administrator (FT)49,363.00$ 66,151.00$ 1 Executive Assistant to City Administrator (FT)49,363.00$ 66,151.00$ 1 TOTAL:98,726.00$ 132,302.00$ 2 Low High City Clerk 114,252.00$ 138,864.00$ 1 Assistant City Clerk 61,620.00$ 74,904.00$ 1 Deputy City Clerk 50,580.00$ 61,476.00$ 1 TOTAL:226,452.00$ 275,244.00$ 3 Low High Administrative Assistant II (FT)38,592.00$ 52,056.00$ 1 Executive Assistant to the City Manager (FT)47,460.00$ 64,044.00$ 1 TOTAL:86,052.00$ 116,100.00$ 2 Agency Classification Title Annual Salary No. of Position Reporting Structure City of Rancho Cucamonga Population: 177,452 System: Council - Manager Type: General Law City Employees report to the City Manager Supports the City Manager, Mayor, and (4) City Council members. Note: Employees primarily support the City Manager. Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of West Covina Population: 107,598 System: Council - Manager Type: General Law City All function under the City Manager's office supporting: City Manager, Mayor and (4) City Council members Agency Classification Title Annual Salary No. of Position Reporting Structure Supports City of Victorville Population: 122,441 System: Council - Manager Type: General Law City Employees report to the City Manager All function under the City Manager's office supporting: City Manager, Mayor, City Clerk and (4) City Council members Employees report to the City Manager Agency Classification Title Annual Salary No. of Position Reporting Structure Supports No. of Position Reporting Structure Supports City of Rialto Population: 103,562 System: Council - Administrator / Manager Type: General Law City Employees report to the City Manager All function under the City Manager's office supporting: City Manager, City Attorney, Mayor and (4) City Council members Agency Classification Title Annual Salary Redlands Population: 71,554 System: Council - Manager Type: General Law City Employee reports to the City Manager & Assistant City Manager All function under the City Manager's office supporting: City Manager, City Attorney, Mayor and (4) City Council members Supports Updated on 1/10/2019 18.d Packet Pg. 459 Attachment: CM.Legislative Office Staffing.04.Legislative Office Staff Support Survey (5923 : Support Staffing for the City’s Legislative Branch PROPOSED Administrative Assistant to the City Council (U) Page 1 Class Code: 10081 M/CC Date Updated: January 24, 2011 City of San Bernardino Signature: Director, Human Resources Bargaining Unit: Management/Confidential EEOC Job Category: Office and Clerical Class Specification ADMINISTRATIVE ASSISTANT TO THE CITY COUNCIL (U) JOB SUMMARY Under direction, pPerforms a variety of difficult, responsible, sensitive and confidential office administrative support functions for the City Council; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Administrative Assistant to City Council performs a variety of administrative support functions for the City Council. Incumbents serve as first point of public contact for the City Council's Offices in receiving and welcoming visitors and managing all incoming calls. Duties include: organizing, updating and maintaining Office records, files and databases; assisting with preparation of a variety of reports, documents and materials and participating in planning and making logistical arrangements for events sponsored by City Council members. Work is performed in a highly sensitive, demanding, political and rapidly changing environment and requires a high degree of confidentiality and excellent customer service skills. Administrative Assistant to City Council is distinguished from Administrative Operations Supervisor in that an incumbent in the latter class serves as office manager for City Council Offices and supervises the work of other Office administrative support staff. 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.Receives and screens all visitors and telephone calls to the City Council Offices, providing information and handling issues that may require sensitivity and sound independent judgment; responds to requests for information or refers requests and complaints from officials, constituents and others to appropriate staff for resolution; reviews and distributes incoming mail; schedules conference rooms for meetings. 2.Creates, updates and maintains Office contact and other databases; creates and maintains central office filing systems for easy access by Office staff and City Council members. 3.Using word processing software, composes routine and/or types memoranda, correspondence, agenda items, reports, presentations, proclamations, certificates of recognition, lists and other documents often of a highly sensitive and confidential nature; proofreads and checks typed and other materials for accuracy, completeness and compliance with City Council Office standards, policies and procedures; ensures materials, reports and documents for signature are accurate and complete. 4.Participates in planning and making organizational/logistical arrangements for events sponsored by the City Council and its members, including researching site locations and Attachment 4 18.e Packet Pg. 460 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Administrative Assistant to the City Council (U) Page 2 negotiating rental contracts, making registration and housing arrangements, planning room and presentation equipment set ups, ensuring adherence to budget limits and requesting payments for final bills and ensuring smooth operations during the event. 5. Prepares requisitions and purchase orders for equipment, materials and supplies; prepares payment requests for invoices; prepares work order requests for repair of facilities, computers and communications equipment and serves as liaison to coordinate their completion. GENERAL QUALIFICATIONS Knowledge of: 1. Principles and practices of effective customer service and customer-oriented telephone etiquette. 2. Office administrative practices and procedures, including file and document management procedures and practices. 3. Correct English usage, including spelling, grammar and punctuation. 4. City organization and basic information regarding ordinances, rules, policies, procedures and operating practices applicable to providing telephone and visitor reception. 5. Advanced uses of word processing, graphics, spreadsheet, database and other software to create documents and materials requiring the interpretation and manipulation of data. 6. City administrative policies and procedures applicable to areas of assigned responsibility, including the requisitioning and purchasing of equipment and supplies and maintenance of public records. 7. Roles and responsibilities of an elected Council and applicable law, regulations and rules governing public meetings, including the Brown Act and Public Records Act. Ability to: 1. Organize, set priorities and exercise sound independent judgment within areas of responsibility. 2. Interpret, apply, explain and reach sound decisions in accordance with regulations, policies and procedures. 3. Represent the City Council and its members effectively in receiving and responding to inquiries, requests for information and complaints from constituents and others. 4. Organize, research and maintain complete and extensive office files. 5. Operate a computer, using word processing, spreadsheet and database software and other standard office equipment. 6. Type accurately at a speed necessary to meet the requirements of the position. 7. Compose routine correspondence, prepare documents and make arrangements from brief instructions. 8. Communicate clearly and effectively, both orally and in writing. 9. Understand and follow written and oral instructions. 10. Prepare clear, accurate and concise records and reports. 11. Maintain strict confidentiality of privileged information. 12. Use a high degree of tact, diplomacy and discretion in dealing with sensitive and confidential situations and concerned internal and external parties. 13. Establish and maintain highly effective working relationships with City Council members, the Mayor, other elected and appointed officials, committee members, department directors and managers, staff, residents, representatives of civic and community groups, the media, the public and others encountered in the course of work. 18.e Packet Pg. 461 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Administrative Assistant to the City Council (U) Page 3 MINIMUM QUALIFICATIONS Education, Training and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from high school or G.E.D. equivalent; and five years of increasingly responsible office administrative or secretarial experience; or an equivalent combination of training and experience. An Associate’s degree from an accredited college or university is highly desirable. 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. 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 repetitively 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 and occasionally is required to lift up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. 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. 18.e Packet Pg. 462 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Council Administrative Supervisor (U) Page 1 Class Code: 10072 M/CC Date Adopted: _______________ City of San Bernardino Signature: ___________________________ Director, Human Resources Bargaining Unit: Management/Confidential Class Specification COUNCIL ADMINISTRATIVE SUPERVISOR (U) JOB SUMMARY Under direction, sSupervises and administers assigned administrative operations of the Council’s Office; supervises and participates in the work of Council staff; performs highly complex duties involving confidential and sensitive matters; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Council Administrative Supervisor is responsible for supervising, overseeing and reviewing the work of and providing training and guidance to secretaries assigned to the Council’s Office. Duties and responsibilities are carried out with considerable independence within the framework of established policies, procedures and guidelines. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. Plans, organizes, supervises and evaluates the work of assigned staff; with staff, develops, implements and monitors work plans to achieve assigned goals and objectives; assists in preparing and monitors the annual Office budget; assists in the organization, staffing and operations of the Office; evaluates and manages the workloads of staff and makes assignments accordingly. 2. Plans and evaluates the performance of assigned staff; establishes performance requirements and personal development targets; regularly monitors performance and provides coaching for performance improvement and development; recommends compensation and provides other rewards to recognize performance; addresses performance deficiencies; subject to management concurrence, takes disciplinary action, up to and including recommending termination. 3. Provides day-to-day leadership and works with staff to ensure a high performance, customer service-oriented work environment that supports achieving City and Office objectives and service expectations; provides leadership and participates in programs and activities that promote a positive employee relations environment. 4. Supervises, assigns, plans, organizes and oversees the work of secretaries assigned to the Council’s Office; reviews the work of secretaries for completeness, accuracy and conformance with Council's Office standards; provides training and guidance to secretaries on local, state and federal laws and regulations and City policies and procedures; provides information and assists in resolving issues. 5. Maintains and regularly updates the Office's master calendar and other critical dates. 6. Reviews Request for Payments submitted by secretaries; prepares, processes and submits Requests for Payments to the Finance Division; prepares purchase order requisitions as necessary. 18.e Packet Pg. 463 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Council Administrative Supervisor (U) Page 2 7. Prepares agenda items and supporting materials; gathers and compiles documents and other supporting materials for City Council action, staff reports, resolutions and professional services agreements for the Common Council; assists in the renewal of contracts. 8. Manages purchases and expenditures; creates and oversees implementation of Office policies and procedures; performs research and makes recommendations and decisions regarding expenditures for office equipment. 9. Performs a variety of other administrative and office support functions; designs and manages office record keeping systems and files; processes employee payroll; reviews, sorts and distributes incoming mail; calendars, response dates, and meeting dates. GENERAL QUALIFICATIONS Knowledge of: 1. Administrative and management practices and procedures. 2. Terminology, work processes, policies, procedures and local, state and federal requirements applicable to assigned departmental responsibilities. 3. Methods and techniques of research and investigation. 4. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuation. 5. Federal, state and local laws and regulations applicable to assigned areas of responsibility. 6. City organization, ordinances, rules, policies and procedures. 7. Basic functions of public agencies, including the role of an elected Council member and appointed boards and commissions. 8. The uses of word processing and specialized software applicable to the management of an office. 9. Principles and practices of public administration, including budgeting, recordkeeping, filing and purchasing practices and procedures. 10. Advanced records management concepts applicable to a standard office. 11. Principles and practices of effective supervision. 12. City human resources policies and labor contract provisions. Ability to: 1. Plan, supervise, coordinate and evaluate the work of assigned staff. 2. Operate a computer and word processing software and other standard office equipment. 3. Make advanced uses of word processing software to produce competent documents. 4. Type accurately at a speed necessary to meet the requirements of the position. 5. Organize, set priorities and exercise sound independent judgment within areas of responsibility. 6. Interpret, apply, explain and reach sound decisions in accordance with laws, regulations, rules and policies. 7. Train others in work processes and procedures. 8. Organize, research and maintain confidential and office files and calendars. 9. Compose correspondence and prepare standard documents from brief instructions. 10. Communicate clearly and effectively, both orally and in writing. 11. Prepare clear, accurate and concise records and reports. 12. Maintain sensitive and confidential information. 13. Use tact, discretion and diplomacy in dealing with sensitive situations. 14. Establish and maintain highly effective working relationships with City management and officials, staff and others encountered in the course of work. 18.e Packet Pg. 464 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Council Administrative Supervisor (U) Page 3 MINIMUM QUALIFICATIONS Education, Training and Experience: Graduation from high school or G.ED. equivalent; and at least two years of secretarial experience; or one year of experience as a Secretary II with the City of San Bernardino. Licenses; Certificates; Special Requirements: None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this class, employees are regularly required to sit; talk or hear, both in person and by telephone; and use hands to operate, finger, handle or feel office equipment; and reach with hands and arms. The employee is frequently required to stand, walk, stoop, kneel, bend, crouch and lift up to 25 pounds. Specific vision abilities required by this job include close vision, distance 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. 18.e Packet Pg. 465 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Staff Assistant to City Council Page 1 Class Code: 10951 M/CC Date Adopted: _______________ City of San Bernardino Signature: ___________________________ Human Resources Division Manager Bargaining Unit: Confidential-Management Class Specification Executive Staff Assistant to City Council (U) JOB SUMMARY Under direction from the City Council, pPlans, organizes and supervises the work of staff engaged in providing administrative and staff support to the City Council; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Executive Staff Assistant to the City Council is responsible for planning, organizing and supervising the work of administrative and support staff providing support services to the City Council in a non-partisan manner. The incumbent serves the City Council as a body and members of the City Council individually by providing professional administrative and legislative support, as well as clerical and other assistance required to carry out their responsibilities as elected officials on the City's governing body. 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 support staff to the City Council staff; with staff, participates in establishing operational plans and initiatives to assist the Council and each Council member in carrying out their elected responsibilities; implements plans, processes, procedures and policies required to achieve overall Office performance requirements; coordinates and integrates Office functions and responsibilities to achieve optimal efficiency and effectiveness; participates in developing and monitoring performance against the annual budget for the City Council. 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, Civil Service Personnel Rules 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. 4. Provides assistance to the Council on a variety of administrative matters related to its operations and functions; supervises and participates in research to provide requested background information and data in response to Council member needs; works with the City Manager to coordinates Council requests for information and/or services from 18.e Packet Pg. 466 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Staff Assistant to City Council Page 2 various City departments; prepares staff reports on matters as requested by the Council or Council members. 5. Makes changes to organization and assignment of work to ensure effective administrative support and productive flow of work; performs special assignments for the Council as requested. 6. Receives and responds to requests for information, inquiries and complaints from the public; handles issues that may require sensitivity and sound independent judgment; as appropriate, refers requests and complaints from officials, other organizations and the public to appropriate staff or City departments for resolution; works with the City Manager to follows up to determine the actions taken and reports back to the Council or Council members. 7. Prepares annual budget for the City Council; prepares and processes requisitions and accounts payable requests; monitors assigned budget balances; prepares and maintains staff attendance and time off records. 8. Prepares a variety of memoranda, correspondence, reports, presentations, forms and other documents often of a highly sensitive and confidential nature in support of the City Council and in accordance with the City’s Council directions, policies and procedures. 9. As assigned, represents the City Council in meetings with appointed boards and committees, legislators and civic, community, business and industry. GENERAL QUALIFICATIONS Knowledge of: 1. Principles and practices of administrative, organizational, financial, legislative, policy and procedural analysis. 2. City Charter and Municipal Code provisions which define the roles and responsibilities of the City Council. 3. Federal and state law and regulations and court decisions applicable to the operations of the City Council, including the Brown Act and other regulations governing the conduct of public meetings. 4. General principles and practices of public administration, including municipal budget development and financial analysis. 5. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuation. 6. Basic concepts, tools and techniques of project planning and management. 7. Uses and operations of a computer and standard business software, including word processing, spreadsheet and database applications. 8. Principles and practices of management and supervision. 9. City human resources policies and procedures, Civil Service Personnel Rules and labor contract provisions. Ability to: 1. Plan, organize, manage and evaluate the work of an Office and staff engaged in providing administrative and staff services to an elected City Council in a comprehensive and non-partisan manner. 2. Perform research, collect relevant data, evaluate alternatives and reach sound, logical, fact-based conclusions and recommendations. 3. Present proposals and recommendations clearly, logically and persuasively in public meetings. 4. Understand, interpret, explain and apply City, state and federal laws and regulations governing the operations of the City Council and the conduct of City business. 18.e Packet Pg. 467 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Staff Assistant to City Council Page 3 5. Evaluate, develop and implement management systems, policies and controls. 6. Exercise sound independent judgment within general policy guidelines. 7. Prepare clear, concise and comprehensive correspondence, reports and other written materials. 8. Exercise tact, diplomacy and political acumen in dealing with highly sensitive political, public policy, community and employee issues and situations. 9. Establish and maintain effective working relationships with the Mayor, City Manager, all levels of City management, other governmental officials, community and civic organizations, employee organizations, employees, the media, 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 a college or university with a major in public or business administration, political science or a closely related field; and at least five years of increasingly responsible administrative analysis experience in a public agency; or the equivalent combination of training and experience. Licenses; Certificates; Special Requirements: A valid California driver’s license and the ability to maintain insurability under the City’s vehicle insurance policy. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; 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. 18.e Packet Pg. 468 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Senior Customer Services Representative (U) Page 1 Class Code: 10222 M/CC Date Updated: July 21, 2014 City of San Bernardino Signature: Director of Human Resources Bargaining Unit: Management/Confidential Class Specification SENIOR CUSTOMER SERVICES REPRESENTATIVE (U) JOB SUMMARY Under general supervision, performs a variety of highly responsible technical and customer service duties in support of an elected official’s office in the administration of City business license and registration, transient occupancy and permit programs, by telephone and in person; ranging from answering general questions and providing information to handling the more complex customer relations situations. Work requires a high degree of interpersonal skill and sensitivity in providing high levels of customer service to a diverse group of customers and detailed knowledge of departmental services, programs, policies and procedures applicable to specific job assignments. calculates fees, penalties and adjustments; receives payments, issues licenses, permits, provide information, accepting and referring customer reports and complaints, researching problems, preparing correspondence to customers and maintain records; accepts and processes U.S. passport applications as a Certified Passport Agent; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Senior Customer Services Representative is an advanced journey-level class in the Customer Service job family. Incumbents provide a variety of services to customers by telephone and in person. , in administering the City's business registration and license programs, and operate as a Certified Passport Agent ranging from answering general questions and providing information calculate fees and penalties, accept payments of fees, perform billing and collections handling the more complex customer relations situations. Work requires a high degree of interpersonal skill and sensitivity in providing high levels of customer service to a diverse group of customers who are upset or distressed. and detailed knowledge of departmental services, programs, policies and procedures applicable to specific job assignments.Work requires learning and applying information on an extensive variety of business types and revenue levels and detailed knowledge of departmental services, programs, policies and procedures applicable to specific job assignments. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude it from the position if the work is similar, related or a logical assignment to this class. 1. Greets customers and answers, screens and transfers calls; interviews and obtains information from customers, analyzes situations and problems and provides information; assists customers in completing forms; refers calls or requests for services outside the City's jurisdiction to other agencies. 2. In person and by telephone, assists customers with a wide variety of business registration and other permit questions and issues; reads business registration applications and interviews customers to determine the type of business license required 18.e Packet Pg. 469 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Senior Customer Services Representative (U) Page 2 and the relevant fee structure; explains City prerequisites for the type of business involved; directs customers to other agencies whose approvals are required for business startup; enters data to set up new accounts; calculates fees, penalties and prior year adjustments if involved; accepts and issues receipts for payments received in cash or by check or credit card; balances assigned cash drawer at the end of the day. 3.2. When assigned to the Office of the City Clerk, Eexplains passport procedures and documentation requirements; reviews identification and documents, accepts and processes applications for U.S. passports, as a Certified Passport Agent; administers necessary oaths or affirmations.; accepts and processes third-party claims filed against the City; notarizes documents as required; and accepts and issues receipts for payments received in cash or by check or credit card; balances assigned cash drawer at the end of the day. 4. Processes business registration renewal payments received by mail; reviews accounts for accuracy; corrects billing errors and closes accounts in the system; returns improperly filed returns; processes payments for transient occupancy. 5.3. Accepts and processes third-party claims filed against the City; pPrepares and maintains records and files applicable to assigned responsibilities; generates daily work activity reports and summaries; conducts special research projects as assigned. 6.4. Prepares correspondence for the City Clerk elected officials and other staff; maintains an inventory of forms, supplies and materials for department use; provides back up for other administrative staff. 5. Notarizes documents as required; pProvides translation services to customers in person and by telephone. 7.6. May assist in training other office staff. GENERAL QUALIFICATIONS Knowledge of: 1. Principles and practices of effective customer service and customer-oriented telephone etiquette. 2. Principles and practices of sound business communication; correct English usage, spelling, grammar and punctuation. 3. Business math. 4. Modern office practices and procedures, including filing and recordkeeping systems. 5. Uses and operations of a computer and standard business software including word processing, spreadsheet and database applications. 6. City codes regulations and rules applicable to determining business registration requirements, and fee amounts, ordinances and departmental policies, procedures and practices applicable to job assignment. Ability to: 1. Operate a computer and other standard office equipment. 2. Efficiently, courteously and calmly handle customer service requests in person and telephone. 3. Handle tactfully and effectively sensitive customer relations situations and calmly defuse situations that are emotional and volatile. 4. Understand, interpret, explain and apply complex City codes, regulations and rules regarding business registration and other business licenses/permits. 5. Reach accurate decisions in accordance with rules and policies. 6. Understand and carry out written and oral instructions. 7. Communicate clearly and effectively orally and in writing. 18.e Packet Pg. 470 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Senior Customer Services Representative (U) Page 3 8. Prepare clear, accurate and concise computer entries, records and basic correspondence. 9. Maintain sensitive and confidential information. 10. Use tact, discretion, patience and understanding in dealing with customers and the public. 11. Establish and maintain highly effective working relationships with City staff, customers, 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 high school or G.E.D.; and at least three years of progressively responsible customer service experience; or an equivalent combination of training and experience. Bilingual English/Spanish language skills preferred. Licenses; Certificates; Special Requirements: None. A valid California driver's license and the ability to maintain insurability under the City's vehicle insurance policy is required for certain assignments. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, stand and walk; talk or hear, both in person and by telephone; and use hands repetitively to operate, finger, handle or feel computers and other standard office equipment; and reach with hands and arms. Employees are occasionally required to lift up to 25 pounds. Specific vision abilities required by this job include close vision, distance 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. Employees work in typical office environments where the noise level is usually quiet. 18.e Packet Pg. 471 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Assistant to Mayor Page 1 Class Code: 10978 M/CC Date Adopted: _______________ City of San Bernardino Signature: ___________________________ Human Resources Division Manager Bargaining Unit: Confidential-Management Class Specification EXECUTIVE ASSISTANT TO MAYOR (U) JOB SUMMARY Under direction from the Mayor and Chief of Staff, pPerforms a variety of complex, responsible, highly sensitive and confidential executive support functions for the Mayor’s Office; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Executive Assistant to Mayor serves as office manager for the Mayor's Office and is responsible for providing a wide array of complex, diverse and confidential support services to the Mayor, in a highly sensitive, demanding, political and rapidly changing environment. The incumbent's work is characterized by involvement with broad City-wide issues and interactions with other elected officials, constituents, representatives of a wide variety of community, civil and bus iness groups, City management staff and others on complex and sensitive matters. Executive Assistant to Mayor is distinguished from Assistant to Mayor in that incumbents in the latter class perform a variety of constituent and administrative staff services for Mayor, often involving politically sensitive issues and requiring a high degree of independent judgment and sound political acumen. 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. Serves as office manager for the Mayor's Office; maintains, updates and rearranges calendars for the Mayor, Chief of Staff and Assistants to the Mayor; receives and screens requests, coordinates, arranges and confirms meetings, appointments, social engagements and community/intergovern-mental events; develops itineraries and makes and confirms travel arrangements for the Mayor and staff members; submits conference registrations; arranges hotel and flight reservations. 2. Receives and screens visitors and telephone calls, providing information and handling issues that require sensitivity and sound independent judgment; conducts research, responds to requests for information and resolves complaints from constituents; refers certain issues to appropriate staff members or City departments for resolution; reviews, determines the priority of and routes assigned incoming correspondence. 3. Plans, organizes, schedules and supervises the work of staff engaged in providing secretarial and administrative support to the Mayor and Mayor's staff; oversees the preparation and typing of correspondence, memoranda, agenda items, reports, resolutions, proclamations, agreements, presentations, forms and other documents often of a highly sensitive and confidential nature; ensures that documents are accurate, complete and conform to Mayor's Office standards, and City policies and procedures; 18.e Packet Pg. 472 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Assistant to Mayor Page 2 ensures materials, reports and documents for signature are accurate and complete; responds independently to mail and email inquiries regarding a variety of City matters. 4. Plans and evaluates the performance of assigned administrative staff; establishes performance requirements and personal development targets; regularly monitors performance and provides coaching for performance improvement and development; recommends compensation and provides other rewards to recognize performance; subject to Mayor concurrence, takes disciplinary action, up to and including termination, to address performance deficiencies, in accordance with sound human resources practices.. 4.5. Provides day-to-day leadership and works with staff to ensure a high performance, customer service-oriented work environment that supports achieving the Mayor's objectives and service expectations; provides leadership and participates in programs and activities that promote a positive staff working environment. 5.6. Supervises and manages the maintenance of Office records and databases; researches and assembles information from a variety of sources for the preparation of records, correspondence and reports for the Mayor and staff; establishes and maintains confidential files. 6.7. Assists in preparing the Mayor's Office budget; tracks and monitors performance against the approved budget; prepares and processes requisitions, purchase orders and accounts payable requests; monitors budget balances; prepares and maintains staff attendance and time off records. 7.8. Plans, organizes, makes and supervises logistical arrangements and serves as host for a variety of Mayor's events, such as the Mayor's holiday reception, annual prayer breakfast and State-of-the-City address. GENERAL QUALIFICATIONS Knowledge of: 1. Office administrative and management practices and procedures, including principles and practices of file and document management. 2. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuation. 3. City organization, ordinances, rules, policies, procedures and operating practices related to areas of responsibility. 4. Functions of public agencies, including the role of an elected Council and appointed committees and boards. 5. Methods, practices and techniques for project management and event planning. 6. Basic principles and practices of public administration, including budgeting, purchasing and maintenance of public records. 7. Principles and practices of effective supervision. 8. City human resources policies and procedures, Civil Service Personnel Rules and labor contract provisions. Ability to: 1. Manage multiple and rapidly changing priorities to meet the needs and expectations of the Mayor in interactions with other elected and appointed officials and various constituencies. 2. Organize, set priorities, take initiative and exercise sound independent judgment within areas of responsibility. 3. Represent the Mayor effectively in meetings and interactions in person and by telephone with a wide range of constituencies. 18.e Packet Pg. 473 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Assistant to Mayor Page 3 4. Interpret, apply, explain and reach sound independent decisions in accordance with regulations, policies and procedures and Mayor's preferences. 5. Organize, research and maintain complete and extensive office files. 6. Operate a computer, word processing and spreadsheet software and other standard office equipment. 7. Compose correspondence, prepare documents and make arrangements from brief instructions. 8. Communicate clearly, effectively and persuasively, both orally and in writing. 9. Prepare clear, accurate and concise records and reports. 10. Maintain strict confidentiality of privileged information. 11. Use a high degree of tact, diplomacy and discretion in dealing with sensitive and confidential situations and concerned internal and external parties. 12. Establish and maintain highly effective working relationships with the Mayor, City Council members, other elected and appointed officials, committee members, department directors and managers, staff, residents, representatives of civic and community groups, the media, the public and others encountered in the course of work. MINIMUM QUALIFICATIONS Education, Training and Experience: Education and experience as determined by the Mayor. A desirable way of obtaining the knowledge, skills and abilities outlined above is graduation from a college or university with a major in public or business administration, political science or a closely related field; and at least three years of increasingly responsible administrative experience in a public agency; or some combination of education, training and experience that produces the requisite knowledges, skills and abilities. 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. While performing the duties of this job, the employee is regularly required to sit , stand and walk; talk or hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. 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. 18.e Packet Pg. 474 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Executive Assistant to Mayor Page 4 Work requires attending meetings and events on behalf of the Mayor outside of regular work hours, in the evenings and on weekends. 18.e Packet Pg. 475 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Assistant to the Mayor I – IV (U) Page 1 Class Codes: 10104/10105/10106/10107 M/CC Date Updated: January 24, 2011 City of San Bernardino Signature: Director, Human Resources Bargaining Unit: Management/Confidential Class Specification ASSISTANT TO THE MAYOR I – IV (U) JOB SUMMARY Under direction from the Mayor and Chief of Staff, pPerforms responsible administrative staff work, ranging in difficulty from moderate to highly complex; in support of the Mayor's and City Council’s policy initiatives and City activities, functions and programs; represents the Mayor in interactions with a wide variety of constituent groups; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Assistants to the Mayor perform research and analyses on a wide range of organizational, financial, policy, legislative and community issues in support of the Mayor's and City Council’s short- and long-term goals for the City and associated policy and program initiatives and plans and represent the Mayor in interactions with a variety of constituencies. Assistant to the Mayor I is the entry-level professional class in this series. Incumbents typically work in a supporting role to more senior Assistants and perform research and analyses on issues in one or more program or policy areas under their guidance. Incumbents may be assigned to represent the Mayor in attending assigned community and business meetings. Assistant to the Mayor II carries program and policy assignments involving more difficult issues and/or programs with more complex impacts on various constituencies and stakeholder groups. Incumbents in this class are expected to carry out representational responsibilities independently within the policy framework established by the Mayor and City Council, with sensitivity to the political and community impact of their communications. Assistant to the Mayor III typically carries an assigned portfolio of initiatives, programs and issue areas and represent the Mayor in interactions with the media; business, community and civic groups; other public agencies; professional and trade organizations; legislators at the local, state and national levels; residents/property owners and others who are stakeholders in areas in their portfolios. Assistant to the Mayor IV serves as a strategist, advisor and project manager to the Mayor on highly complex program, intergovernmental and other community issues having significant policy, financial, community and/or political implications and consequences and for which there are few precedents and guidelines for action. Assignments are broad in scope, require the exercise of seasoned expert professional and political acumen and the ability to consultatively lead and manage the completion of work assignments by others, demand expeditious action and allow for a high degree of administrative discretion in their execution. 18.e Packet Pg. 476 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Assistant to the Mayor I – IV (U) Page 2 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. Provides staff assistance to the Mayor and Chief of Staff ranging from moderately difficult to highly complex; assists or participates in or leads in developing and overseeing implementation of plans and initiatives to meet short-term and long-terms goals and objectives of the Mayor and City Council; assists or participates in formulating strategies, approaches, outreach initiatives, collaborative arrangements and other processes to achieve overall results on goals and objectives; meets with a wide variety of stakeholder groups and their representatives to represent the Mayor's Office and/or build support, agreement, participation and partnerships. 2. Plans, coordinates, organizes and conducts, or assists in conducting or arranges for completion of administrative, policy and legislative analysis studies relating to assigned issues and/or programs ranging from routine to complex and highly responsible; identifies issues and challenges, obtains relevant information and data, analyzes alternatives and makes recommendations; prepares or requests revenue and cost analyses; presents reports of conclusions and recommendations to internal and external stakeholder groups; recommends the formation of task forces and committees to develop implementation plans to review policy issues; works with the City Manager City department heads and others as applicable in implementing programs and policies; drafts or requests drafting of reports, policy papers, recommended legislative proposals, presentation materials, press releases and talking points for the Mayor or others he/she may designate. 3. As assigned, represents the Mayor's Office and works closely with City Council members, appointed boards and committees, legislators and public and private officials to gain public and political support and form partnerships to pursue and/or carry out planned initiatives and program plans. 4. Receives, researches and formulates actions to respond to and/or resolve constituent complaints. 5. Represents the Mayor in meetings/interactions with the media, civic, community, business and industry groups and with representatives of other governmental agencies as assigned; serves as liaison with areas of the City, attends neighborhood meetings and keeps the Mayor informed on the pulse of the community. MINIMUM QUALIFICATIONS Knowledge of: 1. General principles and practices of administrative, organizational, financial, legislative, policy and procedural analysis. 2. The legislative process, its steps and influence points. 3. General principles and practices of public administration, including municipal budget development and financial analysis. 4. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuation. 5. Principles and practices of preparing, producing, and disseminating public information 4.6. Basic concepts, tools and techniques of project planning and management. 5.7. Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility. 18.e Packet Pg. 477 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Assistant to the Mayor I – IV (U) Page 3 6.8. City operations and functions and associated public policy, operational and financial management issues and challenges. 7.9. Uses and operations of a computer and standard business software. Ability to: 1. Reach sound independent conclusions and recommend appropriate courses of action within policy guidelines established by the Mayor and City Council. 2. Apply judgment and sound political acumen appropriate to level of assignment. 3. Represent the Mayor authoritatively before public bodies and in interactions with a variety of stakeholder groups, including legislative and governmental officials, business and civic organizations, community groups and committees and City departments the City Manager. 4. Use tact and diplomacy when addressing complex issues among competing interests. 5. Lead and facilitate group problem-solving efforts and develop consensus among parties with competing interests and priorities. 6. Operate effectively within a rapidly changing political environment. 7. Present press releases, proposals and recommendations clearly, logically and persuasively in public meetings and to the media. 7.8. Understand, interpret and explain City, state and federal laws and regulations governing the conduct of City operations. 8.9. Establish and maintain effective working relationships with the City Council, all levels of City management, other governmental officials, community and civic organizations, employee organizations, employees, the media, the public and others encountered in the course of work. GENERAL QUALIFICATIONS Education, Training and Experience: Education and experience as determined by the Mayor. A desirable way of obtaining the knowledge, skills and abilities outlined above is: Assistant to the Mayor I: Graduation from an accredited college or university with a major in public or business administration, political science or a closely related field; and one year of paid or volunteer experience involving legislative, community outreach, public relations or other similar activities or experience in a legislative or elected official's office; or some combination of education, training and experience that produces the requisite knowledge, skills and abilities. Assistant to Mayor II: Graduation from an accredited college or university with a major in public or business administration, political science or a closely related field; and two years of progressively responsible legislative, community outreach, public relations or other similar experience in a public agency, legislative or elected official's office; or some combination of education, training and experience that produces the requisite knowledge, skills and abilities. Assistant to Mayor III: Graduation from an accredited college or university with a major in public or business administration, political science or a closely related field; and at least three years of increasingly responsible legislative, policy, community outreach, public relations or similar experience in a public agency, legislative or elected official's office; or 18.e Packet Pg. 478 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Assistant to the Mayor I – IV (U) Page 4 some combination of education, training and experience that produces the requisite knowledge, skills and abilities. Assistant to Mayor IV: Graduation from an accredited college or university with a major in public or business administration, political science or a closely related field; and at least five years of increasingly responsible legislative, policy, community outreach, public relations or similar experience in a public agency, legislative or elected official's office; or some combination of education, training and experience that produces the requisite knowledge, skills and abilities. 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. 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. Work requires attending meetings and events on behalf of the Mayor outside of regular work hours, in the evenings and on weekends. 18.e Packet Pg. 479 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Mayor’s Chief of Staff (U) Page 1 Class Code: 10503 M/CC Approval Date: February 17, 2015 City of San Bernardino Signature: Human Resources Division Manager Bargaining Unit: Management/Confidential Class Specification MAYOR’S CHIEF OF STAFF (U) JOB SUMMARY Under policy direction of the Mayor, pPerforms specialized work including the review and analysis of issues, reports and services; represents the Mayor at meetings with constituents; represents the Mayor at various committee and community meetings; serves as liaison for the Mayor with City departments the City Manager, constituents groups, civic organizations and public bodies; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS The Mayor’s Chief of Staff is a professional administrative staff position in the Office of the Mayor. Serves the Mayor as a resource person, analyst, project manager, and administrator and confidant handling politically sensitive issues requiring a high degree of independent judgement. Supervises the work of other administrative and clerical personnel within the Mayor’s Office. Dealing with City Department Heads, wW orks in close coordination with the Office of the City Manager. Incumbent must be willing to work varying hours. 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. Plans, organizes and controls special services provided to the Mayor.; 2.3. aActs as liaison between the Mayor and the City’s committees, branches of the City government to include, but not limited to, administrative and finance offices, departments, agencies, boards and commissions, authorities; appears before public bodies as designated by the Mayor and reports back the results of such meetings. 4. Provides assistance to the Mayor in a variety of administrative matters related to the Mayor’s office operations; accomplishes a variety of administrative and research studies to prepare background information; coordinates the Mayor’s requests for information or services from various City departments the City Manager. 3. 4. Answers inquiries from the general public by telephone, correspondence or in person; meets with citizens in the role of mediator, problem-solver and counselor to provide guidance, advice and/or assistance for the purpose of resolving problems. 5. Supervises the work of administrative and clerical staff of the Mayor’s Office; prepares press releases for the Mayor; writes staff reports on situations, problems and studies by the Mayor. Prepares a variety of memoranda, press releases, correspondence, reports, presentations, forms and other documents often of a highly sensitive and confidential nature in support of the Mayor and in accordance with the City’s policies and procedures. 18.e Packet Pg. 480 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Mayor’s Chief of Staff (U) Page 2 6. Provides leadership to the Mayor’s office, developing and maintaining a high performance, customer service-oriented work environment that supports achieving the City’s mission, strategic goals and core values. 7. Supervises the work of administrative and clerical staff of the Mayor’s Office; 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. 8. Prepares annual budget for the Mayor’s Office; monitors assigned budget balances; prepares and maintains staff attendance and time off records. GENERAL QUALIFICATIONS Knowledge of: 1. Advanced modern principles and practices of public administration; 2. Research techniques and procedures; 3. Advanced public relations techniques; 4. Principles of supervision. 5. Modern office procedures, methods and equipment including computers and related software. Ability to: 1. Analyze a variety of administrative problems and make sound policy and procedural recommendations as to their solution; 2. Maintain the confidentiality of privileged information; 3. Design and implement sound management and research techniques and procedures; 4. Operate a variety of office equipment including a computer and applicable software applications; 5. Supervise the work of administrative and clerical personnel; 6. Express ideas effectively, both orally and in writing; 7. Understand and carry out oral and written instructions; 8. Establish and maintain effective working relationships with those contacted 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 political science, public or business administration or a closely related field; and two (2) years of responsible administrative-level experience performing staff work in a governmental agency. Up to two (2) additional years of the specific experience may be substituted for two (2) years of education on the basis of 30 semester units being equivalent to one (1) year of experience. Accreditation shall be by a national or regional accreditation body that is recognized by the Secretary of the United States Department of Education. Licenses; Certificates; Special Requirements: 18.e Packet Pg. 481 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative PROPOSED Mayor’s Chief of Staff (U) Page 3 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. 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. 18.e Packet Pg. 482 Attachment: CM.Legislative Office Staffing.05.Current Legislative Office Job Specifications (5923 : Support Staffing for the City’s Legislative 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=1178337&headerfooter=0 1/4 Chief Policy Advisor to the Mayor Bargaining Unit: Professional Class Code: 179 CITY OF ANAHEIM Established Date: Dec 30, 2016 Revision Date: May 12, 2017 SALARY RANGE $35.76 - $49.18 Hourly $6,199.25 - $8,524.00 Monthly $74,391.00 - $102,288.00 Annually DESCRIPTION: Under direction, performs responsible administrative staff work, in support of the Mayor; makes recommendations on policy and procedures; conducts research and other special projects as assigned. DISTINGUISHING CHARACTERISTICS: This is a single position classification. Incumbents in this classification are "at-will" with no property rights to continued employment. Each appointment to this classification is for a limited-term basis aligned with the election term of the Mayor and shall not extend past the end of the Mayor's appointing election term. The Chief Policy Advisor to the Mayor serves as a strategist, advisor and project manager to the Mayor on highly complex program, intergovernmental and other issues having significant policy, community and/or political implications and consequences. Assignments are broad in scope, and require the exercise of seasoned expert professional and political acumen. This position is distinguished from the Senior Policy Aide in that incumbents in this position perform a variety of constituents and administrative staff services for the Mayor, often involving politically sensitive issues and requiring a high degree of independent judgement and sound political acumen. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Attachment 518.f Packet Pg. 483 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=1178337&headerfooter=0 2/4 Responds promptly to constituent complaints or inquiries by gathering information, coordinating with city staff or constituents; discusses constituent complaints or inquiries with the Mayor and receives direction. Review and analyze a variety of confidential and/or highly sensitive information, while maintaining confidentiality. Conduct research and analysis related to City policies, procedures, operational programs, budgets, or other issues related to City business. Prepare oral and written reports of findings for the Mayor. Review, analyze and make policy recommendations on agenda items, legislation, and other issues of interest to the City; conduct cost benefit and statistical analysis; request additional information from departments as necessary; prepare written summary of findings. Work with a variety of City staff to obtain information related to City business, in response to requests from the Mayor and the general public. Acts as a liaison to media on behalf of the Mayor and provides briefings to the media on the Mayor's positions, views, and policies on various topics under the direction of the Mayor. Using good judgment and a thorough knowledge of functions and procedures, prepare letters, other correspondence and staff reports related to City business for the Mayor. Prepare a variety of information and statistical reports related to City business, as requested by the Mayor. Use a personal computer and word processing, statistical and presentation software in the preparation of reports and presentations. Attend meetings related to City business with, and/or on behalf of the Mayor as requested. Assemble and distribute follow-up information as required. May represent the Mayor on Boards and high-level policy meetings; speak on the Mayor's behalf at community meetings; and assist the Mayor in providing leadership in addressing complex and sensitive citywide matters. Perform other job related duties as required. QUALIFICATIONS: Experience: Minimum six (6) years of experience performing progressively responsible and complex public policy and administrative duties supporting an elected official supplemented by a Bachelor's degree from an accredited college or university with major course work in public or business administration, political science, or a closely related field. An equivalent combination of experience and training sufficient to perform the essential job functions and provide the required knowledge and abilities is qualifying. Master's degree in public policy or a related field is highly desirable. Knowledge of: Principles, practices and methods of public administration organizational and procedural analysis; concepts of council/manager form of government; legislative analysis techniques; principles and practices of fiscal planning; cost analysis techniques; methods of cost allocation; generally accepted accounting principles; 18.f Packet Pg. 484 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=1178337&headerfooter=0 3/4 principles and methods of financial analysis for purposes of municipal government; methods of research; and report writing; business computer user applications; federal, state, governing documents, and local rules and regulations pertaining to municipal operations. Ability to: Exercise sound judgment in the performance of assigned duties; analyze complex administrative, operational, legislative, and organizational problems; analyze budgets and other financial information; read, understand and apply highly complex information; research, gather, organize and analyze data; make sound policy recommendations; perform statistical and cost benefit analysis; conduct and evaluate surveys and special studies; prepare timely, complete, clear and precise reports; maintain accurate statistical information; prepare a variety of presentations; operate a personal computer and use word processing, statistical and presentation software; communicate effectively both orally and in writing; exercise sound judgment in dealing with a wide variety of politically sensitive issues; maintain confidentiality; establish and maintain effective working relationships with those contacted in the course of work including City officials, representatives and officials of government jurisdictions, management, employees and the general public. SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of a valid California Driver's License. Note: Employees assigned to this job classification are regarded as "designated employees" for purposes of the Political Reform Act and Fair Political Practices filing requirements. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: Works under general supervision. CLASS SPEC TITLE 7: The above statements are intended to describe the general nature and level of work being performed by persons assigned to this job. They are not intended to be an inclusive list of all duties, responsibilities and skills required of incumbents. In 18.f Packet Pg. 485 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=1178337&headerfooter=0 4/4 accordance with the Americans with Disability Act, reasonable accommodation may be made to enable individuals with disabilities to perform the essential job functions. 18.f Packet Pg. 486 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889154&headerfooter=0 1/3 City Council Aide I Bargaining Unit: PT Unrepresented Class Code: B13 CITY OF ANAHEIM Established Date: Dec 20, 2012 Revision Date: Dec 20, 2012 SALARY RANGE $13.66 - $17.43 Hourly DESCRIPTION: Under direct supervision, to perform a wide variety of administrative and field support duties to members of the City Council; to represent the City Council in the community and establish effective relationships with businesses and constituents; to represent Council members at professional meetings; and to perform other related duties as assigned. DISTINGUISHING CHARACTERISTICS: Incumbent in these positions shall be part time unrepresented. Positions are appointed “at-will” with no property rights to continued employment. Each appointment to this classification is for a specified period to be determined by the Mayor or Councilmember and does not extend past the end of the applicable elected official’s term. Incumbents at this level perform routine administrative and field support duties. Incumbents may have only limited work experience. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Perform a wide variety of administrative and community relations duties for City Council members. Represent Council members in the community and at professional meetings; serve on a variety of internal and/or external committees; take summary notes and provide oral or written updates to elected officials. Receive, respond to, and refer citizen complaints and reports for handling and follow-up by various City departments. 18.f Packet Pg. 487 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889154&headerfooter=0 2/3 Be familiar with City policies and procedures in response to inquiries and make appropriate referrals. Respond independently to general correspondence of a routine nature for the City Council. Research and compile information for special presentations at Council meetings. Compile and maintain source material for the City Council including meeting agendas and minutes, correspondence and other related materials. Coordinate and schedule appointments, meetings, civic and community events for the City Council. Perform research and data gathering on a variety of community and/or legislative issues. Assist in preparing speeches, news releases, radio broadcasts, and other media information. Perform related duties and responsibilities as required. QUALIFICATIONS: Experience and Training: performing routine administrative clerical work; an Associate Degree is highly desirable. An equivalent combination of experience and training sufficient to perform the essential job functions and provide the required knowledge and abilities is qualifying. Knowledge of: English usage, spelling, grammar and punctuation; modern office methods and standard office equipment usage; computer software including word processing applications at an intermediate level; record keeping principles and procedures; city-wide policies and procedures; community relations methods and techniques; research techniques, methods, procedures, and report presentation. Ability to: operate standard office equipment, including a personal computer and applicable software programs; communicate clearly and concisely, both orally and in writing; organize work activities to ensure responsibilities are carried out in a timely manner; work independently and follow general directions; analyze situations carefully and recommend effective courses of action; take summary notes at meetings, prepare presentations, and compose correspondence and business letters from brief instructions; represent the City Council, displaying sound judgment, credibility, and respect for the community; maintain the confidentiality of privileged information; establish and maintain professional effective working relationships with a broad range of groups and individuals. SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of a valid California Driver’s License by date of appointment. 18.f Packet Pg. 488 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889154&headerfooter=0 3/3 ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: Works under administrative supervision. Incumbents at this level perform routine administrative and field support duties. 18.f Packet Pg. 489 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889157&headerfooter=0 1/3 City Council Aide II Bargaining Unit: PT Unrepresented Class Code: B14 CITY OF ANAHEIM Established Date: Dec 20, 2012 Revision Date: Dec 20, 2012 SALARY RANGE $17.68 - $22.66 Hourly DESCRIPTION: Under general supervision, to perform a wide variety of responsible administrative and field support duties to members of the City Council; to represent the City Council in the community and establish effective relationships with businesses and constituents; to represent Council members at professional meetings; and to perform other related duties as assigned. DISTINGUISHING CHARACTERISTICS: Incumbent in these positions shall be part time unrepresented. Positions are appointed “at-will” with no property rights to continued employment. Each appointment to this classification is for a specified period to be determined by the Mayor or Councilmember and does not extend past the end of the applicable elected official’s term. Incumbents at this level perform responsible administrative functions and receive only occasional instruction or assistance as new or unusual situations arise, and are expected to have related outside experience performing the essential job functions of this position. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Perform a wide variety of administrative and community relations duties for City Council members. Represent Council members in the community and at professional meetings; serve on a variety of internal and/or external committees; take summary notes and provide oral or written updates to elected officials. 18.f Packet Pg. 490 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889157&headerfooter=0 2/3 Receive, respond to, and refer citizen complaints and reports for handling and follow-up by various City departments. Be familiar with City policies and procedures in response to inquiries and make appropriate referrals. Review and analyze a variety of confidential and/or highly sensitive information, while maintaining confidentiality. Conduct research and analysis related to City policies, procedures, operational programs, budgets, or other issues related to City business. Prepare oral and written reports of findings for individual City Council members. Respond independently to letters and general correspondence of a routine nature for the City Council. Research and compile information for special presentations at Council meetings. Compile and maintain source material for the City Council including meeting agendas and minutes, correspondence and other related materials. Coordinate and schedule appointments, meetings, civic and community events for the City Council. Perform research on a variety of community and/or legislative issues. Assist in preparing speeches, news releases, radio broadcasts, and other media information. Perform related duties and responsibilities as required. QUALIFICATIONS: Experience and Training: performing analytical and complex administrative staff work; an Associate Degree is highly desirable. An equivalent combination of experience and training sufficient to perform the essential job functions and provide the required knowledge and abilities is qualifying. Knowledge of: English usage, spelling, grammar and punctuation; modern office methods and standard office equipment usage; computer software including word processing applications at an intermediate level; record keeping principles and procedures; city-wide policies and procedures; community relations methods and techniques; research techniques, methods, procedures, and report presentation. Ability to: operate standard office equipment, including a personal computer and applicable software programs; communicate clearly and concisely, both orally and in writing; organize work activities to ensure responsibilities are carried out in a timely manner; work independently and follow general directions; analyze situations carefully and recommend effective courses of action; take summary notes at meetings, prepare presentations, and compose correspondence and business letters from brief instructions; represent the City Council, displaying sound judgment, credibility, and respect for the community; maintain the confidentiality of privileged information; establish and maintain professional effective working relationships with a broad range of groups and individuals. 18.f Packet Pg. 491 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889157&headerfooter=0 3/3 SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of a valid California Driver’s License by date of appointment. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: Works under administrative supervisor. Receives only occasional instruction or assistance as new or unusual situations arise, and are expected to have related outside experience performing the essential job functions of this position. 18.f Packet Pg. 492 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=794156&headerfooter=0 1/4 Council Services Coordinator Bargaining Unit: Professional Class Code: N32 CITY OF ANAHEIM Established Date: Jan 31, 2011 Revision Date: Apr 15, 2011 SALARY RANGE $32.44 - $44.60 Hourly $5,622.92 - $7,731.50 Monthly $67,475.00 - $92,778.00 Annually DESCRIPTION: To coordinate the daily operations of the Office of the Mayor and City Council; and to provide a wide variety of responsible and complex staff assistance and administrative support to the Mayor and City Council members in order to address the day-to-day needs of the City’s elected officials. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Communicate with the Mayor and City Council members regarding their individual day- to-day needs and requirements; interface on their behalf with City staff, the general public, the business community, government entities, and other elected officials. Plan, prioritize, and coordinate work plans and complex schedules for the Mayor and City Council members to meet their individual obligations and commitments; provide direction to staff to support said commitments. Analyze key points of information received from a wide range of sources on a broad range of sensitive and complex issues; summarize relevant background information and advise and update the Mayor and City Council members accordingly. Provide administrative analyses for special projects; conduct research; prepare detailed reports and summaries. Compile relevant information and details, prepare materials, and arrange logistics for public appearances. 18.f Packet Pg. 493 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=794156&headerfooter=0 2/4 Coordinate and prepare the Mayor and City Council members for participating in City Council meetings and numerous regional Board and Commission meetings on which they serve. Provide marketing support to the Anaheim/Orange County Visitor and Convention Bureau. Compose and draft correspondence for the Mayor and City Council members on a wide range of topics. Serve as liaison to the Anaheim Sister Cities Association; coordinate activities and visits with Anaheim’s two sister cities. Provide administrative support to Council Assistants. Research, recommend, and implement changes in procedures for the Office of the Mayor and City Council. Compose all forms of formal City Council recognition including declarations, proclamations, and certificates of recognition that are conferred on individuals and organizations. Select, train, supervise, and evaluate assigned staff; assign and schedule work projects; work with employees on performance standards and implement discipline and termination procedures as required. Receive incoming mail, telephone calls, and email for the Mayor and City Council members; take appropriate action. Arrange ticket assignments for events at all City venues; resolve issues as necessary. Participate in the development of the budget for the Office of the Mayor and City Council. Maintain inventory of official City gifts. Perform related duties as required. QUALIFICATIONS: Experience and Education: Four years of administrative and/or programmatic support experience, preferably in public administration supplemented by completion of two years of college level course work in business administration or a related field. An equivalent combination of experience and education sufficient to perform the essential job functions and provide the required knowledge and abilities is qualifying. Knowledge of: Organization and operation of municipal government; concepts and basic workings of the Council/Manager form of city government; work organization and office management principles and practices; standard organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs related to area of assignment; techniques and formulae for administrative, financial, and comparative analyses; methods and techniques of effective technical, administrative, and financial record keeping, report preparation, and presentation; basic principles and practices of budget preparation and administration; 18.f Packet Pg. 494 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=794156&headerfooter=0 3/4 principles of business letter writing; principles of supervision, training, and performance evaluation; modern office procedures, methods, and equipment including computers and various software packages; methods and techniques used in customer service and public relations; English usage, spelling, grammar, and punctuation; pertinent federal, state, and local laws, codes, and regulations. Ability to: Oversee, coordinate, and participate in the management of administrative support services for the Office of the Mayor and City Council; understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities; understand, interpret, and apply administrative and departmental policies and procedures as well as pertinent laws, regulations, and ordinances; select, train, and evaluate assigned staff; supervise, organize, and review the work of lower level staff; perform responsible and difficult analytical, programmatic, and administrative duties involving the use of independent judgment and personal initiative; analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals; research, compile, analyze, and interpret data; respond to requests and inquiries from the general public; prepare clear, accurate and concise tables, schedules, summaries and other materials in statistical and narrative form; establish and maintain various data collection, record keeping, tracking, filing, and reporting systems; work under steady pressure with frequent interruptions and a high degree of public contact by phone or in person; manage multiple projects simultaneously; plan and organize work to meet schedules and time lines; exercise good judgment and maintain confidentiality in maintaining critical and sensitive information, records, and reports; operate and use modern office equipment including a computer and various software packages; identify and respond to community and organizational issues, concerns, and needs; exercise tact and diplomacy; communicate clearly and concisely, both orally and in writing; and establish and maintain effective working relationships with those contacted in the course of work. SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of an appropriate, valid driver’s license. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: 18.f Packet Pg. 495 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=794156&headerfooter=0 4/4 Receives direction from the Assistant City Manager. Exercises direct supervision over clerical staff. 18.f Packet Pg. 496 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=798503&headerfooter=0 1/2 Mayor's Assistant Bargaining Unit: PT Unrepresented Class Code: S22 CITY OF ANAHEIM Established Date: Jan 31, 2011 Revision Date: May 5, 2011 SALARY RANGE $31.84 - $38.70 Hourly DESCRIPTION: This is a part-time position responsible for performing a variety of professional level staff duties in support of the Mayor; makes recommendations on policy; and conducts research and other special projects as assigned. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Review and analyze a variety of confidential and/or highly sensitive information, while maintaining confidentiality. Conduct research and analysis related to City policies, procedures, operational programs, budgets, or other issues related to City business. Prepare oral and written reports of findings for the Mayor. Review, analyze and make policy recommendations on agenda items, legislation, and other issues of interest to the City; conduct cost benefit and statistical analysis; request additional information from departments as necessary; prepare written summary of findings. Work with a variety of City staff to obtain information related to City business, in response to requests from the Mayor and the general public. Using good judgment and a thorough knowledge of functions and procedures, prepare letters, other correspondence and staff reports related to City business for the Mayor. Prepare a variety of information and statistical reports related to City business, as requested by the Mayor. Use a personal computer and word processing, statistical and presentation software in the preparation of reports and presentations. 18.f Packet Pg. 497 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=798503&headerfooter=0 2/2 Attend meetings related to City business with, and/or on behalf of the Mayor as requested. Assemble and distribute follow-up information as required. QUALIFICATIONS: Experience: Experience performing analytical and complex public policy and legislative work. Knowledge of: Principles and practices of public administration; concepts of council/manager form of government; basic workings of a local government entity; legislative analysis techniques; principles and practices of fiscal planning; cost analysis techniques; methods of cost allocation; generally accepted accounting principles; principles and methods of financial and statistical analysis including feasibility analysis; methods of research; and report writing. Ability to: Exercise sound judgment in the performance of assigned duties; analyze budgets and other financial information; read, understand and apply highly complex information; analyze and interpretpending legislation; gather, organize and analyze data; make sound policy recommendations; perform statistical and cost benefit analysis; conduct and evaluate surveys and special studies; prepare timely, complete, clear and precise reports; maintain accurate statistical information; prepare a variety of presentations; operate a personal computer and use word processing, statistical and presentation software; communicate effectively both orally and in writing; exercise sound judgment in dealing with a wide variety of politically sensitive issues; maintain confidentiality; establish and maintain effective working relationships with those contacted in the course of work including City officials, representatives and officials of government jurisdictions, management, employees and the general public. SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of a valid California Driver’s License. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work in an office environment. Physical Conditions: Ability to use a personal computer and other office equipment such as a telephone, fax, photocopier and audio-visual. SUPERVISION RECEIVED AND EXERCISED: Works under administrative supervision. Work is outlined and reviewed periodically. 18.f Packet Pg. 498 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889158&headerfooter=0 1/3 Senior Policy Aide Bargaining Unit: PT Unrepresented Class Code: B15 CITY OF ANAHEIM Established Date: Dec 20, 2012 Revision Date: Dec 20, 2012 SALARY RANGE $30.32 - $41.69 Hourly DESCRIPTION: To provide administrative, constituent services and legislative support for the Mayor and Council members. This position is responsible for a variety of legislative functions and activities in the office of an elected official and may have frequent contact with constituents, other elected officials and their staff, Department Heads and other City employees. Typical duties include researching and responding to inquiries from residents; drafting written communications involving strategy, policies and/or procedures on behalf of the elected official; and serving as the representative of the elected official regarding certain functions. DISTINGUISHING CHARACTERISTICS: Incumbent in these positions shall be part time unrepresented. Positions are appointed “at-will” with no property rights to continued employment. Each appointment to this classification is for a specified period to be determined by the Mayor or Councilmember and does not extend past the end of the applicable elected official’s term. Incumbents at this level will perform administrative, policy duties including handling of the most difficult, complex, and sensitive projects. Incumbent’s assignments are critical to the responsibilities of the elected official to whom they are assigned and are performed with little oversight. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Provide assistance in resolving the most difficult, complex, politically sensitive, and highly sensitive, operational and administration problems, legislative support; identify problem areas and issues; plan, organize, coordinate, direct, and/or conduct complex administrative studies relating to the activities or operation of the assigned department, office, or program area; conduct difficult and complex surveys, research, 18.f Packet Pg. 499 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889158&headerfooter=0 2/3 and analysis on administrative, fiscal, and operational issues; determine analytical techniques and information-gathering processes and obtains required information and data for analysis; analyze alternatives and make recommendations. Serve as a liaison to the community and the applicable elected official’s office, to report community concerns, issues and priorities and promote the effective development, recommendation and implementation of policy changes where necessary. Using good judgment and a thorough knowledge of functions and procedures, prepare letters, other correspondence and staff reports related to City business for the Mayor or Council members. Respond to a variety of constituent inquiries and complaints; coordinate with city staff, regarding inquiries, complaints, issues. Prepare written memoranda and reports which articulate the elected official’s proposals, priorities, and position on matters pending before the City Council. Provide communication support such as drafting correspondence, memoranda or reports for routine to complex matters related to neighborhood or community concerns, pending issues before the City Council; state or federal legislation; or other matters. Coordinate assigned services and program/project activities with those of other City programs, functions, departments and staff, boards, committees, and task forces as well as external agencies, groups, and the general public to ensure effective cooperation consistent with optimal efficiency, effectiveness, and economy; coordinate data, resources, and work products as necessary and upon request in support of a productive and positive working environment; represent the mayor or council member in public and private groups, organizations, and other City groups; provide information and assistance as appropriate. Ensure that assigned program/project activities and services comply with relevant federal, state, and local laws, policies, and regulations. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the fields of business and public administration and issues related to field of expertise. Perform related duties and responsibilities as required. QUALIFICATIONS: Experience: performing administrative, analytical and complex public policy and legislative work. A Bachelor’s degree from an accredited college or university with major course work in public administration, business administration or a related field or an equivalent combination of experience and education sufficient to perform the essential job functions and provide the required knowledge and abilities is qualifying. Knowledge of: principles and practices of public administration; concepts of council/manager form of government; workings of a local government entity; legislative analysis techniques; principles and applications of critical thinking and analysis; principles and practices of fiscal planning; cost analysis techniques; methods of cost allocation; principles and methods of statistical analysis including feasibility analysis; methods of research; and report writing; office procedures, methods, and 18.f Packet Pg. 500 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Anaheim - Class Specification Bulletin https://agency.governmentjobs.com/anaheim/default.cfm?action=specbulletin&ClassSpecID=889158&headerfooter=0 3/3 equipment including computers and applicable software applications such as word processing, spreadsheets, and databases; pertinent federal, state, and local laws, codes and regulations. Ability to: Exercise sound judgment in the performance of assigned duties; analyze budgets and other financial information; read, understand and apply highly complex information; analyze and interpret pending legislation; gather, organize and analyze data; make sound policy recommendations; perform statistical and cost benefit analysis; conduct and evaluate surveys and special studies; prepare timely, complete, clear, comprehensive and precise reports; maintain accurate statistical information; prepare a variety of presentations; operate a personal computer and use word processing, statistical and presentation software; communicate effectively both orally and in writing; exercise sound judgment in dealing with a wide variety of politically sensitive issues; interpret all applicable rules, ordinances and codes; maintain confidentiality; establish and maintain effective working relationships with those contacted in the course of work including City officials, representatives and officials of government jurisdictions, management, employees and the general public. SUPPLEMENTAL INFORMATION: License/Certification Required: Possession of a valid California Driver’s License by date of appointment. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: Works under administrative supervision. Assignments are critical to the responsibilities of the elected official and are performed with little oversight. 18.f Packet Pg. 501 Attachment: CM.Legislative Office Staffing.06.City of Anaheim Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=886988&headerfooter=0 1/2 Administrative Assistant to the Mayor (Non- Classified) Bargaining Unit: Confidential Class Code: 9881 CITY OF RIVERSIDE Established Date: Nov 27, 2012 Revision Date: Nov 27, 2012 DEFINITION: Under general supervision, to perform a variety of highly responsible and confidential complex administrative tasks; to serve as a special assistant to the Mayor; to conduct a variety of public relations tasks; to assist with staff reports; and to perform other related duties as assigned. DISTINGUISHING CHARACTERISTICS: This is an entry/journey level para-professional administrative class. Incumbents will initially perform the more routine administrative office work, however, as experience is acquired, they are assigned more complex work and perform with increasing independence. This is an "at will" classification as defined by the City Municipal Code. Positions designated as Non-Classified are exempt from the classified service. The incumbent shall be appointed "at-will" and serve at the pleasure of the City Manager. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from the Mayor. May have lead responsibility on a project basis over clerical staff. Reports to: Mayor EXAMPLES OF DUTIES: Duties may include, but are not limited to, the following: Perform a wide variety of complex, responsible, and confidential duties for the Mayor and Mayor's office including screening and handling of calls. Assist in the organization, staffing, and operational activities of the Mayor's office. Assist in the preparation and administration of the office budget. Develop and implement new and revised office procedures and forms. Participate in maintaining a wide variety of correspondence, agendas of meetings, reports, and other materials. Perform research on a variety of administrative, fiscal, and operational problems. Assist in preparing speeches, news releases, radio broadcasts, and other media information. Coordinate commendation, certificate, and award programs. Participate in the scheduling of the Mayor's appointments and civic and social engagement. Receive, respond to, and refer citizen complaints and reports. Represent the Mayor and the City in the community and at professional meetings. Attachment 618.g Packet Pg. 502 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=886988&headerfooter=0 2/2 Coordinate office activities with other City departments and divisions and with outside agencies. Independently respond to letters and general correspondence of a routine nature. Take minutes and/or summary notes at meetings. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: Organization, procedures, and operating details of municipal government. City rules, regulations, and policies. Record keeping principles and procedures. Modern office methods, procedures, equipment, and business letter writing. Personal computer operation and software applications. Public relations and information techniques. Research techniques, methods, and procedures and report presentation. Ability to: Interpret and apply administrative and departmental policies, laws, and rules. Analyze situations carefully and adopt effective courses of action. Organize workload to ensure responsibilities are carried out in a timely manner. Communicate clearly and concisely, orally and in writing. Work independently in the absence of supervision. Establish and maintain effective and cooperative working relationships with those contacted in the course of work; promote good public relations; meet the general public with courtesy and tact. Maintain the confidentiality of privileged information. Operate standard office equipment including a typewriter, personal computer, and applicable software programs. Take minutes at meetings, write speeches, and respond to correspondence. MINIMUM QUALIFICATIONS: Education and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to the completion of the twelfth grade supplemented by specialized training or college course work in public or business administration, public relations, communications, or a closely related field. Experience: Three years of responsible administrative support experience including public information and public relations responsibilities. Additional college education may substitute for experience on a year for year basis. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 18.g Packet Pg. 503 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829075&headerfooter=0 1/3 Assistant to the Mayor (Non-Classified) Bargaining Unit: Professional Class Code: 9635 CITY OF RIVERSIDE Revision Date: Dec 6, 2005 DEFINITION: Under general supervision, to perform a wide variety of highly responsible and confidential complex tasks; as part of a small team to accomplish the Mayor's goals; to serve as a special assistant in the Mayor's office to conduct a wide variety of public relations and promotion tasks; to conduct a wide variety of public relations and promotion tasks; to coordinate and provide professional level support to a variety of project oriented committees, task forces and working groups in furtherance of the goals of the office; to represent the Mayor's office in the community; to perform administrative duties including monitoring and processing of the office budget; and to perform other related duties as assigned. DISTINGUISHING CHARACTERISTICS: The incumbent shall be appointed "at-will" and exempt from the classified service and serve at the pleasure of the Mayor. Incumbents in this class perform confidential and complex administrative duties for the Mayor. Work involves a high degree of independent judgement requiring a thorough knowledge of City procedures and policies and the ability to choose among several alternatives in performing a variety of assignments without instruction and in scheduling and completing work. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from the Mayor's Chief of Staff. May have lead responsibility on a project basis over other administrative support staff. Reports To: Mayor's Chief of Staff EXAMPLES OF DUTIES: Typical duties may include, but are not limited to, the following: Perform a wide variety of complex, responsible, and confidential duties for the Mayor, Mayor's office, and designated City executives. Interpret and apply divisional policies and procedures in response to inquiries and make appropriate referrals. Review work of other administrative support staff upon completion for conformance to divisional requirements. Compose proclamation requests from outside agencies and for retiring City employees. Assist in training, supervising, and of administrative support staff. Coordinate annual Mayor's State of the City address exhibits with City departments and outside agencies. Represent Mayor's office at weekly agenda conferences with City Manager and department heads. Schedule, coordinate, and compile information for special presentations at Council meetings, such as proclamations and plaques, at the request of outside agencies. 18.g Packet Pg. 504 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829075&headerfooter=0 2/3 Represent Mayor's office and participate in a variety of special projects and activities that are business and/or community oriented. Gather, organize, and prepare information for routine reports and contact meeting participants. Recommend organizational or procedural changes affecting administrative support activities. Respond independently to letters and general correspondence of a routine nature. Coordinate in the administration of a small department; prepare comprehensive reports, compile annual budget requests, and recommend expenditure requests for designated accounts; review, log, determine priority, of and route correspondence. Supervise, initiate, and maintain a variety of files and records of information such as payroll, attendance, budget, production, and cost records. Respond to complaints and requests for information in relation to the intent, coverage, and content of instructions, guides, precedents, and regulations. As department representative, may serve on various internal and external committees. Coordinate commendation certificates with administrative support staff. Coordinate preparation and purchasing of presentation folders, plaques, and a variety of other speciality items. Coordinate and compile information for Annual City Spirit award with recipient and outside agencies. Serve as department representative on a variety of City projects which may include annual Employee's Service Awards program and United Way Campaign. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: Organization, procedures, and operating details of a municipal government. City policies, rules, and regulations. Record keeping principals and procedures. Modern office methods, procedures, equipment, and business letter writing. Computer devices and equipment; appropriate software applications. Public information techniques. Research techniques, methods, and procedures and report presentation. Ability to: Interpret and apply administrative and departmental policies, laws, and rules. Analyze situations carefully and adopt effective courses of action. Organize workload to ensure responsibilities are carried out in a timely manner. Communicate clearly and concisely, orally and in writing. Work independently in the absence of supervision. Establish and maintain effective and cooperative working relationships with those contacted in the course of work; promote good public relations. Maintain the confidentiality of privileged information. Operate computer devices and utilize various software and/or work processing techniques. Take minutes at meetings and respond to correspondence. MINIMUM QUALIFICATIONS: Education and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's Degree from an accredited four year college or university with a major related to public or business administration, public relations, communications or a closely related field. A Master's Degree in public administration, public 18.g Packet Pg. 505 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829075&headerfooter=0 3/3 policy, business or public relations is highly desirable and may be substituted for up to two years of the required work experience. Experience: Four years of responsible administrative support work and/or public relations experience. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 Necessary Special Requirement Possession of an appropriate, valid class "C" California Motor Vehicle Operator's License. Career Advancement Opportunities From: Assistant to the Mayor To: Inter-Governmental Affairs and Protocol Officer 18.g Packet Pg. 506 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829217&headerfooter=0 1/2 Chief of Staff/Mayor's Office (Non-Classified) Bargaining Unit: Sr. Management Class Code: 9642 CITY OF RIVERSIDE Revision Date: Dec 6, 2005 DEFINITION: Under Mayor's general direction, to manage, coordinate and oversee the staff, operations and programs of the Mayor's office; to implement the Mayor's goals and objectives; to serve as liaison between the Mayor and the community; to conduct intergovernmental affairs activities on behalf of the Mayor and to liaise with other elected official's staff members; to oversee the development of the international strategic plan and international relations activities; and to do related work as required. DISTINGUISHING CHARACTERISTICS: The incumbent shall be appointed "at-will" and exempt from classified service and serve at the pleasure of the Mayor. Incumbents in this class perform confidential and complex managerial duties for the Mayor. Work involves the highest degree of independent judgement, requiring a thorough knowledge of City procedures and policies and the ability to choose the best resolution among several alternatives in performing a variety of assignments without instruction and in scheduling and completing work. SUPERVISION RECEIVED AND EXERCISED: Receives general direction from Mayor. Exercises management and supervision over Mayor's other staff. Reports To: Mayor EXAMPLES OF DUTIES: Typical duties may include, but are not limited to, the following: Manage, coordinate and oversee the operations, programs and staff of the Mayor's office; provide the Mayor's staff and the Mayor with timely information, analyses, assistance and recommendations regarding programs' effectiveness. Develop and administer programs and activities and oversee the Mayor's goals and objectives; monitor economic development, quality of life and inclusive community issues. Perform community relations activities and represent the Mayor and the City at community events and activities as appropriate. Oversee the development of the international strategic plan and international relations activities that further develop the economic, educational and cultural promise of internationalism. Respond to and refer citizen issues, concerns and complaints on a wide variety of subject matters. Attend and participate in professional and community group meetings; stay abreast of local issues and business trends. Provide staff assistance to the Mayor; prepare and present staff reports and other necessary correspondence. 18.g Packet Pg. 507 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829217&headerfooter=0 2/2 Develop and monitor the Mayor's office budget. Represent the Mayor on various committees as assigned. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: Managerial practices and techniques. Federal, state and local government organization. Principles and practices of public administration. Principles of municipal budget preparation and control. Pertinent federal, state and local laws, rules and policies regarding local government operations. Research methods, techniques and report presentation. Personal computer operation and applications including word processing, database and spread sheets. Ability to: Effectively manage and supervise staff. Coordinate a variety of activities with other divisions, departments and outside agencies. Analyze and interpret federal and state legislation and prepare recommendations. Establish and maintain effective and cooperative working relationships with those contacted in the course of work including a variety of City and other government officials, community groups and the general public. Effectively deal with the public in responding to inquiries and resolving or referring complaints; promote good public relations. Analyze situations carefully and adopt effective courses of action. Interpret and apply administrative and departmental policies, laws and rules. Communicate clearly and concisely, both orally and in writing. Operate a personal computer and applicable software programs. MINIMUM QUALIFICATIONS: Education and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: The equivalent to a Bachelor's Degree from an accredited college or university with major work in public or business administration, political science or a related field. Experience: Three to five years professional experience including management or supervisory experience, analysis of legislation, and participation in a variety of business/community oriented special projects and activities. A Master's Degree may be substituted for one year of the required experience. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 Necessary Special Requirement Possession of an appropriate, valid class "C" California Motor Vehicle Operator's License. 18.g Packet Pg. 508 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829325&headerfooter=0 1/3 Council Assistant (Non-Classified) Bargaining Unit: Professional Class Code: 0357 CITY OF RIVERSIDE Revision Date: May 19, 2015 DEFINITION: To perform a wide variety of highly responsible administrative and field support duties to members of the City Council; to represent the City Council in the community and establish effective relationships with businesses and constituents; to represent Council members at professional meetings; to coordinate communications with other departmental representatives; and to perform other related duties as assigned. DISTINGUISHING CHARACTERISTICS: The incumbent shall be appointed "at-will" and be exempt from the classified service. SUPERVISION RECEIVED AND EXERCISED: Under general supervision from a member of the City Council. REPORTS TO: Respective City Council Member EXAMPLES OF DUTIES: Typical duties may include, but are not limited to, the following: Perform a wide variety of administrative and community relations duties for City Council members Brief Council Member regarding feedback from community programs, events, and other meetings. Represent Council members in the community and at professional meetings; serve on a variety of internal and external committees; take summary notes and provide oral or written updates to elected officials; may make presentations on behalf of a Council Member. Receive, respond to, in person, by phone, and email and refer citizen, business representatives, school officials, and community groups' complaints and reports for handling and follow-up by various City departments. Explain City policies and procedures in response to inquiries and make appropriate referrals with respect to department services. Respond independently to letters and general correspondence of a routine nature for the City Council. Research and compile information for special presentations at Council meetings. Compile and maintain source material for the City Council including meeting agendas and minutes, correspondence and other related materials. Coordinate and schedule appointments, meetings, civic and community events for the City Council. Perform research on a variety of community and/or legislative issues. Assist in preparing newsletters, speeches, news releases, radio broadcasts, and other media information. 18.g Packet Pg. 509 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829325&headerfooter=0 2/3 Perform other related duties as assigned. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: English usage, spelling, grammar and punctuation. Modern office methods and standard office equipment usage. Computer software including word processing applications at an intermediate level. Record keeping principles and procedures. City-wide policies and procedures. Community relations methods and techniques. Research techniques, methods, procedures, and report presentation. Microsoft Office Excel (known as spreadsheet software), PowerPoint and Publisher (known as desktop publishing and presentation software) and Outlook (known as calendaring software). Fluency in Spanish is appropriate, depending upon position assignment. Ability to: Operate standard office equipment, including a personal computer and applicable software programs. Communicate clearly and concisely, both orally and in writing. Organize work activities to ensure responsibilities are carried out in a timely manner. Work independently and follow general directions. Analyze situations carefully and recommend effective courses of action. Take summary notes at meetings, prepare presentations, and compose correspondence and business letters from brief instructions. Represent the City Council, displaying sound judgment, credibility, and respect for the community. Maintain the confidentiality of privileged information. Establish and maintain professional effective working relationships with a broad range of groups and individuals. MINIMUM QUALIFICATIONS: Recruiting Guidelines: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. Education: Equivalent to the completion of the twelfth grade supplemented by business or communications related courses. The completion of an Associate Degree is highly desirable. Experience: Three years of experience performing highly responsible administrative and/or field related duties involving customer/client/community relations. Municipal/public sector government experience is highly desirable. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 Necessary Special Requirement Possession of an appropriate, valid class "C" California Motor Vehicle Operator's License. Must be willing to work a changing and flexible schedule, that include day-time, evening, and week- end hours, as required. 18.g Packet Pg. 510 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829325&headerfooter=0 3/3 18.g Packet Pg. 511 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829799&headerfooter=0 1/2 International Affairs and Protocol Officer (Non-Classified) Bargaining Unit: Professional Class Code: 9645 CITY OF RIVERSIDE Revision Date: Jul 18, 2006 DEFINITION: Under direction of the Mayor's Chief of Staff, provides professional and strategic guidance on the direction of the international relations program of the City; provides support services activities which enhance Riverside's international relations; plans, coordinates and performs services which include working with the International Relations Council (IRC) and its Sister City Committees; organizes and hosts Sister City delegations and initiatives; and other related duties as assigned. DISTINGUISHING CHARACTERISTICS: This classification is exempt from the classified service. The incumbent shall be appointed "at-will" and serve at the pleasure of the Mayor. SUPERVISION RECEIVED AND EXERCISED: Receives general direction from the Mayor's Chief of Staff. May exercise functional and technical supervision over administrative support staff and interns in the Mayor's Office. Reports To: The Mayor through the Mayor's Chief of Staff. EXAMPLES OF DUTIES: Typical duties may include, but are not limited to, the following: Coordinate international activities for the City of Riverside. Provide professional and strategic guidance on the direction of the international relations program of the City. Coordinate and organize official visits by delegations from sister cities, friendship cities and other international jurisdictions, as well as visits by official Riverside delegations to these entities; extend appropriate hospitality to visiting dignitaries. Liaise on a regular basis with the International Relations Council and support International Relations Council activities and endeavors. Research and submit grant proposals where appropriate to seek funding support for the City's international programs. Provide professional staffing services and guidance to Riverside's Sister City Committees in furtherance of Sister City goals. Conduct outreach and promotion of the City's international relations program and assist in communication and publicity efforts. Provide briefing materials and background information regarding international partners and delegations. Liaise with City's Economic Development Department to coordinate international economic development objectives. Maintain regular communications with Sister City officials to further enhance relationship. Meet and greet visiting dignitaries on behalf of the Mayor as appropriate. 18.g Packet Pg. 512 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=829799&headerfooter=0 2/2 Plan international events. Encourage positive international relations with all countries. Attend meetings, complete assignments and provide other support services in support of the international relations for the City. Prepare appropriate gifts for all occasions. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: International protocol. Local government organization. Principals of event planning and management. Pertinent local laws, rules, and policies regarding local government operations. International political, social, geographical and cultural issues as they pertain to municipal interactions. Research methods and techniques, report presentation, and grant writing. Personal computer operation and applications including word processing, data-base and spread sheets. Ability to: Coordinate a variety of activities. Establish and maintain effective and cooperative working relationships with those contacted in the course of work including a variety of foreign visitors, City and other government officials, community groups and the general public. • Analyze situations carefully and adopt effective courses of action. Communicate clearly and concisely, both orally and in writing, communicate cross-culturally, preferably in other languages. Operate a personal computer and applicable software programs. MINIMUM QUALIFICATIONS: Education and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: The equivalent to of a Bachelor's Degree from an accredited college with major work in public or business administration or a closely related field. Up to two years of additional professional experience may be substituted for two years of the required education on a year-for-year basis. A Master's Degree is highly desirable. Experience: A minimum of five years of professional experience and demonstrated understanding of international relations and special events planning. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 Necessary Special Requirement Possession of an appropriate, valid class "C" California Motor Vehicle Operator's License. 18.g Packet Pg. 513 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=830076&headerfooter=0 1/3 Senior Office Specialist (C) Bargaining Unit: Confidential Class Code: 0086 CITY OF RIVERSIDE Revision Date: Aug 2, 2011 DEFINITION: To perform a variety of office and administrative support duties at various skill and ability levels, depending on the duties associated with the position to which assigned. DISTINGUISHING CHARACTERISTICS: The Office Specialist Series encompasses two levels of work. Positions within this series will be allocated based upon the level of work performed and required by the department to which it is assigned. This is the advanced journey level in the Office Specialist series. Positions at this level are distinguished from other classes within the series by the level of responsibility assumed and the complexity of duties assigned. Employees perform the most difficult and responsible types of duties assigned to classes within the series, including assuming responsibility for seeing that work of subordinates meets with appropriate standards, explaining policies, procedures, rules and regulations; and specialized work requiring extensive experience, knowledge of the technical subject matter, and functions of a work program. Employees at this level are required to be fully trained in all procedures related to assigned area of responsibility and to exercise independent judgment and discretion. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from management, professional, technical, or higher-level administrative support staff. May exercise lead supervision over lower level administrative support. Reports To: Varies depending on assignment EXAMPLES OF DUTIES: Duties may include, but are not limited to, the following: Perform a wide variety of administrative support work including word processing, proofreading, filing, checking, and recording information on records. Serve as receptionist, answering the telephone, screening calls and visitors, referring inquiries as appropriate, and assisting the general public, giving information as required. Keyboard a variety of documents including letters, memorandums, agendas, financial reports, minutes, or other materials from oral direction, rough draft, copy, notes, or transcribing machine recordings. Operate a variety of office equipment to carry out assigned administrative support functions. Check, maintain, and tabulate statistical data and records. Process and maintain personnel and payroll records and forms of departmental/divisional personnel. 18.g Packet Pg. 514 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=830076&headerfooter=0 2/3 Sort, code, scan, and file correspondence, vouchers, forms, documents, and other materials numerically, alphabetically or by other predetermined classification. Check records and papers for grammatical and arithmetic accuracy, completeness, and compliance with established standards and procedures. Maintain sections of a central records system; enter or extract information on or from records. Utilize computer and computer devices to carry out assigned administrative support functions. Sort and deliver mail. Participate in the work of an office unit. Compile information, data, and materials, and assist in the preparation of a variety of narrative, financial, and statistical reports. Apply departmental policies and procedures in determining completeness of applications, records, and reports; provide routine information and forms to the public; collect and process appropriate information and forms. Respond to routine complaints and request for information. Contact the public and outside agencies in acquiring and providing information and making referrals. Develop and/or maintain sections of a central records system; enter or extract information on or from records. Maintain records and compile detailed and complex information, data, and materials and assist in the preparation of a variety of narrative, financial, budgetary, and statistical reports. Assist in the development of departmental policies, procedures, and forms in determining completeness of applications, records, and reports. Respond to complaints and request for information that involve searching for and abstracting data and providing detailed explanation of policies and procedures. Serve as support staff to Boards or Commissions by taking minutes, preparing information packets, and coordinating meeting times and locations. Order necessary office supplies. Coordinate travel arrangements. Distribute and reconcile office petty cash. Train clerical staff in office/desk procedures. KNOWLEDGE, SKILLS & ABILITIES: Knowledge of: English usage, spelling, grammar, and punctuation. Organization and procedures of department/division to which assigned. Office methods and standard office equipment usage. Computers and related equipment; software including word processing applications at a basic level. Basic record keeping methods. Reception and telephone techniques. Techniques involving classifying, indexing, processing, retrieving, and controlling a large volume of records. Computers and related equipment; software, techniques, and programs including word- processing, spread sheets, and data bases at an intermediate level. Pertinent department and division operational policies and procedures. Principles of budgeting, record keeping, and training. Ability to: Perform routine administrative support work. Learn to operate office equipment, software, and programs appropriate to department to which assigned. Learn office methods, rules, and policies. Understand and carry out oral and written directions. Operate computer devices and utilize various software applications including word processing, spreadsheets, and databases. 18.g Packet Pg. 515 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 1/4/2019 City of Riverside - Class Specification Bulletin https://agency.governmentjobs.com/cityofriversideca/default.cfm?action=specbulletin&ClassSpecID=830076&headerfooter=0 3/3 Assist in maintaining complex records. Communicate clearly and concisely, both orally and in writing. Establish and maintain cooperative-working relationships with those contacted in the course of work. Interpret and apply departmental policies and procedures. Maintain complex records and prepare technical reports. Work independently in the absence of supervisor. Plan and organize the work of administrative support staff. Perform relatively complex arithmetic and statistical calculations and computations rapidly and accurately. MINIMUM QUALIFICATIONS: Education and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to the completion of the twelfth grade supplemented by courses in business practices, computer applications, or other related field. Experience: Three years of general administrative support experience. SUPPLEMENTAL INFORMATION: Medical Category: Group 1 Necessary Special Requirements Possession of, or ability to obtain, an appropriate, valid, Class "C" California Motor Vehicle Operator's license. Requires a minimum keyboarding ability of 50 words per minute or demonstrated proficiency at an intermediate level in Word or Word Perfect. Some assignments may also require a minimum dictation speed of not less than 80 per words per minute. Career Advancement Opportunities From: Senior Office Specialist To: Administrative Assistant 18.g Packet Pg. 516 Attachment: CM.Legislative Office Staffing.07.City of Riverside Legislative Office Job Specifications (5923 : Support Staffing for the City’s 19.a Packet Pg. 517 Attachment: CM.Westbound Communications Update.SR (5924 : Communications Update) cities. It is expected that the resulting brand messaging will provide a compelling message for target audiences that San Bernardino is interested in: • Attracting, retaining, and growing businesses; • Building a vibrant downtown; and • Encouraging residents of all ages to engage in community life, civic activities and recreational interests. During the FY 2018/19 budget process, the Manager of Communications position was eliminated creating a savings of $150,000. This created a $90,000 savings to the General Fund and increased the funding for professional services in the amount of $60,000 to secure additional consultant services. Given the quality of the work provided by Westbound, on August 15, 2018, the Mayor and City Council authorized the City Manager to execute a First Amendment to the Professional Services Agreement with Westbound Communications to expand services to provide greater focus and increased outreach. Discussion This matter was placed on the January 2, 2019 agenda. Due to the late hour of the meeting, it was continued to January 16, 2019. This allowed more time to provide an informational report to the Mayor and City Council and the opportunity for Westbound Communications to be in attendance to provide a presentation. Westbound Communications Inc. has provided major milestones and accomplishments in over the past 9 months including, but not limited to the following: Communications Retainer ($16,500/month) • Citywide proactive communications – telling the City’s story • Providing Public Relations and crisis communication consulting services on cannabis, safety, animal control, and other public information • Revamped approach to social media outreach – increased page engagement by 400% • Re-design and dissemination of the newsletter • Broadened media offerings – 169 online and print stories with 24 positive TV segments • Design of key operations documents such as the Elected Official and Boards and Commission Handbooks • Western Regional grand welcome for visitors and information to area residents, among other initiatives • Working with IEMG to re-design videos to showcase San Bernardino in a better light – such as “Our San Bernardino Stories” series • Development of the FY 2017/18 Annual Report • Gathering accomplishments for FY 2018/19 to include in a brochure Branding Efforts (One-time project fee of $91,000) • Research and focus groups for the branding effort 1/10/2019 5:13 PM 19.a Packet Pg. 518 Attachment: CM.Westbound Communications Update.SR (5924 : Communications Update) • Research & Foundation for Brand Development – facilitated focus groups with 75 employee, resident, business, and affiliate audiences, as well as with the Mayor and City Council • Branding and Message Development – Brand concept design in progress Upcoming Efforts Preparing a report and presentation on branding to the Mayor and City Council for an upcoming council meeting • Strategic Brand Implementation & Community Engagement • Development and Execution of a Communications Plan Westbound Communications will be providing a presentation on their accomplishments to date and plans for the future at this evening’s council meeting. Fiscal Impact In FY 2018/19, eliminating the Director of Communications position and awarding the agreement with Westbound Communications, provided a cost savings of $90,000 to the General Fund. The total cost of the original fifteen month agreement - $241,000: FY 2017/18 - $75,000 and FY 2018/19 - $166,000 (this includes a one-time cost of $91,000 for branding effort). There was no impact to the General Fund by increasing the amount of compensation by $169,000 for a total of $410,000 as funding was available in the Communications Budget. The savings is derived from the eliminated position and through savings from previously budgeted items. In FY 2019/20 and 2020/2021, the cost of the agreement will be reduced to $335,000 each year as the branding effort will be complete. It is important to note that the budget includes expenses for mileage, graphic design, distribution of materials, advertising, photography, and events only to be spent on an as-needed basis. 2018-19 Goals and Objectives The services provided by Westbound Communications align with Goal No. 1. Implement the City Vision and Goal No. 3. Create, Maintain and Grow Jobs and Economic Value in the City. Conclusion Receive an oral report. Attachments Attachment 1 First Amendment to Agreement with Westbound Communications; Exhibit 1 Resolution No. 2018-96 and Original Agreement; and Exhibit 2 Revised Scope of Services 1/10/2019 5:13 PM 19.a Packet Pg. 519 Attachment: CM.Westbound Communications Update.SR (5924 : Communications Update) Ward: All Synopsis of Previous Council Actions: August 15, 2018 – First Amendment to the agreement with Westbound Communications approved. April 4, 2018 – Resolution No. 2018-96 authorizing an agreement with Westbound Communications for marketing and public relations services through June 30, 2022. 1/10/2019 5:13 PM 19.a Packet Pg. 520 Attachment: CM.Westbound Communications Update.SR (5924 : Communications Update) Exhibit A FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS FOR MARKETING AND PUBLIC RELATIONS SERVICES THIS FIRST AMENDMENT (“AMENDMENT”) TO AGREEMENT is made and entered into this 5th day of September, 2018 (“Effective Date”), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a Charter City (“CITY”), and Westbound Communications, INC. (“Consultant”). WITNESSETH: WHEREAS, On April 4, 2018 Resolution No. 2018-96 was adopted approving an agreement (“Agreement”) between CITY and CONSULTANT for marketing and public relations services; and WHEREAS, CITY and CONSULTANT seek by this Amendment to increase the scope of the services and increase the amount of compensation by an additional amount of $169,000 for a total amount not to exceed $410,000 from April 2018 through June 30th 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 to read: CITY agrees to pay, and PR FIRM agrees to accept, as full compensation for the PR FIRM’s services as follows: Ninety One Thousand Dollars ($91,000) in one time services to conduct research, community engagement, branding, message development, and a communications plan; compensation at the rate of Sixteen Thousand ($16,500) per month; and Ninety One Thousand ($91,000) for design, distribution of materials, advertising, photography and mileage reimbursement for a total contract amount not to exceed $410,000 from April 1, 2018 through June 30, 2019. 2. Original Agreement dated April 4, 2018, between the City of San Bernardino and Westbound Communications, INC. is attached as Attachment 1. 3. The revised scope of work describing the increase in services is attached as Attachment 2 and shall be included with this amendment and Original Agreement. Describe scope of work, invoicing and payment and general terms of conditions. 4. Except for changes specifically set forth herein, all other terms and conditions of the agreement shall remain in full force and effect. /// /// /// /// 1 19.b Packet Pg. 521 Attachment: CM.Westbound Communications.Amendment - Exhibit A (5924 : Communications Update) Exhibit A FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS FOR MARKETING AND PUBLIC RELATIONS SERVICES IN WITNESS THEREOF, this Agreement is executed on the dates set forth below and effective on the date first set forth above. “CONSULTANT” “CLIENT” Westbound Communication, INC City of San Bernardino By: ______________________________ By: ______________________________ Carrie Gilbreth Andrea M. Miller, City Manager Approved as to Form: Gary D. Saenz, City Attorney By: ______________________________ ATTEST: By: ______________________________ Georgeann Hanna, CMC, City Clerk 2 19.b Packet Pg. 522 Attachment: CM.Westbound Communications.Amendment - Exhibit A (5924 : Communications Update) Exhibit 1 to Amendment 19.c Packet Pg. 523 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 524 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 525 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 526 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 527 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 528 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 529 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 530 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 531 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 532 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 533 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) 19.c Packet Pg. 534 Attachment: CM.Westbound Communications.Exhibit 1 to Amendment (5924 : Communications Update) Exhibit 2 to Amendment Public Relations and Marketing Consultant Westbound Communications Revised Budget August 30, 2018 Westbound is proposing a multi-layered approach work for the City: 1) research, 2) branding and message development, 3) brand implementation (internal and external launch), 4) communications plan development and ongoing implementation, 5) report and presentation, and 6) hard costs (design, advertising, etc.). The following revised budget includes a one-time budget for the rebranding (Tasks 1, 2, 3, 5 - $91,000), a proposed monthly retainer (Task 4 – April – June 2018 $10,000 p/mo and July 2018 – June 2019 increased to $16,500 p/mo), as well as new hard costs ($91,000) so that Westbound can prioritize and manage all-things production and design. Tasks 1, 2, 3, 5 remain unchanged from previously approved budget. Professional fees remain unchanged and are tiered and are made of the following hourly rates: • Senior Strategist $175 • Project Manager - $150 • Account Specialist - $130 • Branding/Creative Director - $130 • Research Director - $130 • Account Support - $75 1 19.d Packet Pg. 535 Attachment: CM.Westbound Communications Exhibit 2 to Amendment - WB Revised Scope (5924 : Communications Update) Exhibit 2 to Amendment Total Cost/Budget Projections (April 2018 - June 2019) Budget Item Description Cost One-time Costs - $91,000 Stage/Task 1: Research • 10-15 Interviews with Stakeholders • 2-3 Business Roundtable and Residential Focus Groups • Branding Session $22,000 Stage/Task 2: Branding and Message Development • Three (3) Draft and one (1) Final Brand Identity • Draft and Final versions of a Brand Guide • Creative Toolkit $35,000 Stage/Task 3: Strategic Brand Implementation & Community Engagement • Internal and External Launch $25,000 Stage/Task 5: Report and Presentation • Ongoing Reporting • Formal Report
 • Formal Presentation to City Manager and City Council $9,000 Total Est. One- Time Costs $91,000 2 19.d Packet Pg. 536 Attachment: CM.Westbound Communications Exhibit 2 to Amendment - WB Revised Scope (5924 : Communications Update) Exhibit 2 to Amendment Total Cost/Budget Projections (April 2018 - June 2019) Revised FY 2017/18 and 2018/19 Budget (15 months) Monthly/Ongoing Retainer Stage/Task 4: Development and Ongoing Execution of Communications Plan 
 Communications Support Activities as Outlined in the RFP (pre-launch, proactive and foundational activities, plus post- launch support and implementation of Task 4 as outlined in the proposal) • Development of Citywide communications plan • Message development and presentation/media training for City spokespeople on multiple city initiatives and issues • Monthly newsletter development • Social media content creation, monitoring and response (daily) • Development of direct communication vehicles (letters, memos) with internal and external audiences • Development of departmental reports (ie FY 2017/18 successes) • Press material development, media pitching and media response • Television station support and strategy on video creation • Website updates • Event coordination and support (community meetings, ground breakings, etc.) • Development of marketing fliers and brochures • Lead communication of citywide initiatives to gain public support/consensus (ie 40th Street, CIP) 110 estimated hours per month April – June 2018 $10,000/mo July 2018 – June 2019 $16,500/mo. Total Annual Retainer: $228,000 Hard Costs – Printing, advertising, signage and production costs associated with campaign. Mileage reimbursement Est. $1,000 3 19.d Packet Pg. 537 Attachment: CM.Westbound Communications Exhibit 2 to Amendment - WB Revised Scope (5924 : Communications Update) Exhibit 2 to Amendment Graphic Design This will include, but not be limited to: • Monthly newsletter • Marketing brochures and fliers • City reports including FY updates, budget reports, board and commission workbooks • Neighborhood improvement updates • Electronic billboard design • Press materials (graphics, maps) • Event signage (community meeting boards, etc.) $48,000 (pending City needs) Distribution This will include, but not be limited to: • Door-to-door deliveries of communication vehicles and neighborhood improvement notices • Mailings when necessary $26,000 Advertising This will include, but not be limited to: • Social media advertising • Newspaper/digital advertising $10,000 (pending City needs) Photography This will include, but not be limited to: Headshot photography of employees Event photography Marketing $6,000 (pending City needs) Total Hard Costs: $91,000 Total Est. Campaign Cost (Task 4 and Hard Costs) $319,000 4 19.d Packet Pg. 538 Attachment: CM.Westbound Communications Exhibit 2 to Amendment - WB Revised Scope (5924 : Communications Update) Exhibit 2 to Amendment Total Cost/Budget Projections (April 2018-June 2019) Budget Item Description Cost Total Annual Contract Amount - $91,000 Task 1, 2, 3, 5 • Research • Branding and Message Development • Brand Implementation and Community Engagement • Report and Presentation $91,000 Task 4 • Development and Ongoing Execution of Communications Plan $228,000 Hard Costs • Design, printing, advertising, mileage, etc. $91,000 Total Est. Annual Contract Amount $410,000 5 19.d Packet Pg. 539 Attachment: CM.Westbound Communications Exhibit 2 to Amendment - WB Revised Scope (5924 : Communications Update) 20.a Packet Pg. 540 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on February 6, 2019. Background The proposed Fast 5 Xpress Car Wash Project will be located on an underdeveloped site located at 1659 S. Tippecanoe Avenue, between E. Davidson Street and E. Gould Street. The proposed General Plan Amendment and Zone Change from to Residential Medium High (RMH) to Commercial General (CG-1) will make the subject site and proposed development consistent with the adjacent commercial development along S. Tippecanoe Avenue. On October 9, 2018, the Planning Commission unanimously adopted Resolution No. 2018-059 forwarding a recommendation that the Mayor and City Council (Attachment 5): 1) Adopt a Mitigated Negative Declaration; and 2) Approve General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 based on the Findings of Fact and subject to the recommended Conditions of Approval. Discussion Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendment), and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of: 1) General Plan Amendment 18-02 to change the General Plan Land Use Designation of one (1) parcel containing a total of approximately 0.39 acres from Multi-Family Residential to Commercial; 2) Development Code Amendment (Zoning Map Amendment) 18-03 to change the Zoning District Classification of one (1) parcel containing approximately 0.39 acres from Residential Medium High (RMH) to Commercial General (CG-1); and 3) Conditional Use Permit 18-03 to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels containing a total of approximately 1.32 acres. General Plan Amendment/Development Code Amendment (Zoning Map Amendment) The subject property is comprised of four (4) separate parcels totaling approximately 1.32 acres located along the Tippecanoe Avenue corridor within the southeastern area of the City of San Bernardino. The project site is located within the Residential Medium High (RMH) and Commercial General (CG-1) zones, is currently a mix of vacant and 1/10/2019 5:12 PM 20.a Packet Pg. 541 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) existing single-family residential properties, and is substantially surrounded by other existing mixed commercial developments offering a similar range of automobile-oriented uses. The proposed use requires that the entire property be located within an commercial designated property. Therefore, the applicant is requesting to change the Zoning District Classification of one (1) parcel from Residential Medium High (RMH) to Commercial General (CG-1) in order to allow the proposed use subject to the approval of a Conditional Use Permit. The intent of the Residential Medium High (RMH) and Commercial General (CG-1) zoning designations is described as follows, pursuant to Chapter 19.04 (Residential Zones) and Chapter 19.06 (Commercial Zones) of the City of San Bernardino Development Code: RMH (RESIDENTIAL MEDIUM HIGH) ZONE CG-1 (COMMERCIAL GENERAL) ZONE This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400- 20,000 square feet shall be developed at RM density (12 units per net acre). Lots less than 14,400 square feet shall be developed at RU density (8 units per net acre). This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. Project Development The proposed project involves the construction of a new drive-thru express carwash within a building containing approximately 5,486 square feet. Five (5) employee parking spaces and one (1) handicap accessible parking space have been provided. The carwash will be composed of two (2) drive-thru lanes were customers will stay in their vehicle as they drive-up to pay and move through the carwash tunnel. Twenty-three (23) complementary vacuum stations have been provided for customers to vacuum out their vehicles before or after their car wash. Operations The proposed car wash would typically have three (3) employees onsite at one time and would be open daily between the hours of 7:00 a.m. and 8:00 p.m. Site Design/Access The project site has been designed to provide direct access via two (2) proposed driveways; one (1) located on E. Gould Street and one (1) driveway located on E. Davidson Street. Both driveways are full movement and are located to provide easy access to and from S. Tippecanoe Avenue. There will be no driveway access along S. Tippecanoe Avenue. The internal site circulation has been designed to adequately 1/10/2019 5:12 PM 20.a Packet Pg. 542 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) accommodate on-site vehicular circulation and access to the off-street parking areas. Designated “paths of travel” have also been provided to ensure pedestrian access and safety. Additionally, the dual drive-thru lanes have been designed to provide for stacking of ten (10) vehicles within each lane. Transportation/Traffic The City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed project, and this analysis was included in the Initial Study/Mitigated Negative Declaration prepared for the proposed project pursuant to the requirements of the CEQA Guidelines. Based upon the findings contained within the Traffic Impact Analysis, the Initial Study/Mitigated Negative Declaration concluded that there will be “No Impact” to applicable congestion management programs, change in traffic patterns, emergency access, or adopted policies, plans or programs regarding public transit, bicycle or pedestrian facilities; and, there will be “Less Than Significant Impact” to applicable plans, ordinances or policies establishing measures of effectiveness for the performance of the circulation system, and hazards due to a design feature. It should also be noted that there are no recommended mitigation measures resulting from the accepted Traffic Impact Analysis or the Initial Study/Mitigated Negative Declaration. Architecture The proposed single-story building has integrated a variation of architecture and materials incorporating a distinctive contemporary design. The building incorporates a flat roof design with varying heights, well-ordered windows and awnings, and a transition of materials around the entire building. The proposed design uses a combination of stucco and decorative metal elements along the roof line to further break up the façade. Landscaping The existing landscaping plan provides 45.2% (26,002 square feet) coverage of on-site landscaping which is provided within the required setbacks and parking area. Signage The proposed development is anchored with two (2) monument signs; one (1) sign located at each corner of the project site fronting S. Tippecanoe Avenue. The building has been designed with an integrated pylon sign that will provide for increased visibility for commuters traveling along S. Tippecanoe Avenue (Please see Attachment 3, Exhibit A). 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: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the 1/10/2019 5:12 PM 20.a Packet Pg. 543 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Development Code and policies and guidelines in the Community Design Element. • 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 2.5.4: Require that all new structures achieve a high level of architectural design and provide a careful attention to detail. • Community Design Element 5.4.1: Aggressively apply and enforce citywide landscape and development standards in new and revitalized development throughout the City. • Community Design Element 5.7.3: Maintain architectural interest and variety through varied rooflines, building setbacks, and detailed façade treatments and maintain a strong sense of project identity through similarities in façade organization, signage, landscaping, material use, colors, and roof shapes. The proposed project implements the above General Plan goals and policies in that the proposed development includes a new commercial building which has been designed with high quality façade treatments and a varied roofline that incorporates distinct signage that will provide additional architectural interest. Redevelopment of the site will be done in a manner that will enhance the physical and visual qualities of the subject property through significant landscaping, thereby enhancing the aesthetics of the surrounding neighborhood. California Environmental Quality Act Process In accordance with Section 15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative Declaration prepared in connection with General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 (Attachment 4). Accordingly, pursuant to Section 15072 of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted on July 17, 2018 for the CEQA-mandated twenty (20) day public review and comment period. During the twenty (20) day public review period, the only comments received were from Omnitrans. 2018-19 Goals and Objectives The proposed drive thru express carwash project aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City: (c) Ensure that the City is clean and attractive: as the project applicant, Fast 5 Xpress, proposes to redevelop an existing blighted site along a major commercial corridor with a new building with high quality design and enhanced landscaping that will result in an attractive project that compliments the surrounding commercial development. 1/10/2019 5:12 PM 20.a Packet Pg. 544 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fiscal Impact Development impact fees associated with the project will be approximately $30,000. City services will be provided to this project similar to other commercial developments in the City and surrounding area. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2019-14 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 18-02 to change the General Plan Land Use Designation from Multi-Family Residential to Commercial of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres (Attachment 1); 2) Introduce for first reading, Ordinance No. MC-1513 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 18-03 to change the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres (Attachment 2); 3) Adopt Resolution No. 2019-15 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 18-03 to allow the allow the development, establishment, and operation of a drive- thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels (APN(S): 0281-131-28, 29, 30, and 50) containing a total of approximately 1.32 acres located at 1659 S. Tippecanoe Avenue (Attachment 3); and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on February 6, 2019. Attachments Attachment 1 Resolution No. 2019-14 (Adopting MND / MMRP and Approving General Plan Amendment 18-02) Attachment 2 Ordinance No. MC-1513 (Approving Development Code Amendment [Zoning Map Amendment] 18-03) Attachment 3 Resolution No. 2019-15 (Approving Conditional Use Permit 18-03) Attachment 4 Final Initial Study/Mitigated Negative Declaration, dated September 2018 Attachment 5 Planning Commission Resolution No. 2018-059 Attachment 6 Planning Commission Staff Report, dated October 9, 2018 1/10/2019 5:12 PM 20.a Packet Pg. 545 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ward: 3 Synopsis of Previous Council Actions 1/10/2019 5:12 PM 20.a Packet Pg. 546 Attachment: CD.GPA18-02.Fast5Xpress.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 547 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 548 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 549 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 550 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 551 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 552 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.b Packet Pg. 553 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) MITIGATION MONITORING AND REPORTING PROGRAM 1. INTRODUCTION This Mitigation Monitoring and Reporting Program (“MMRP”) has been prepared pursuant to Public Resources Code Section 21081.6, which requires a Lead Agency to adopt a “reporting or monitoring program for changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” In addition, Section 15097(a) of the State CEQA Guidelines requires that a public agency adopt a program for monitoring or reporting mitigation measures and project revisions, which it has required to mitigate or avoid significant environmental effects. This MMRP has been prepared in compliance with the requirements of CEQA, Public Resources Code Section 21081.6 and Section 15097 of the State CEQA Guidelines. The City of San Bernardino is the Lead Agency for the proposed Fast5Xpress Car Wash Project (“Project”) and therefore is responsible for administering and implementing the MMRP. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity that accepts the delegation; however, until mitigation measures have been completed, the Lead Agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. An Initial Study/Mitigated Negative Declaration (“IS/MND”) has been prepared to address the potential environmental impacts of the Project. The evaluation of the Project’s impacts in the IS/MND applies mitigation measures (“MM”) needed to avoid or reduce potentially significant environmental impacts. This MMRP is designed to monitor implementation of the mitigation measures identified for the Project. 2. ORGANIZATION As shown on the following pages, each mitigation measure for the Project is listed and categorized by impact area, with an accompanying identification of the following: • Monitoring Phase: The phase of the Project during which the mitigation measure shall be monitored; o Pre-Construction, including the design phase o Construction o Occupancy (post-construction) • Enforcement Agency: The agency with the power to enforce the mitigation measure; • Monitoring Agency: The agency to which reports involving feasibility, compliance, implementation and development are made; • Monitoring Timing/Frequency: The frequency at which the mitigation measure shall be monitored; and • Action Indicating Compliance: The action of which the Enforcement or Monitoring Agency indicates that compliance with the required mitigation measure has been implemented. 3. ADMINISTRATIVE PROCEDURES AND ENFORCEMENT This MMRP shall be enforced throughout all phases of the Project. The Applicant shall be responsible for implementing each mitigation measure and shall be obligated to provide verification, as identified 20.c Packet Pg. 554 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -2- City of San Bernardino, California below, to the appropriate monitoring and enforcement agencies that each mitigation measure has been implemented. The Applicant shall maintain records demonstrating compliance with each mitigation measure listed below. Such records shall be made available to the City upon request. 4. PROGRAM MODIFICATION The Project shall be in substantial conformance with the mitigation measures contained in this MMRP. The enforcing departments or agencies may determine substantial conformance with mitigation measures in the MMRP in their reasonable discretion. If the department or agency cannot find substantial conformance, a mitigation measure may be modified or deleted as follows: the enforcing department or agency, or the decision-maker for a subsequent discretionary Project-related approval, complies with CEQA Guidelines Sections 15162 and 15164, including by preparing an addendum or subsequent environmental clearance to analyze the impacts from the modifications to or deletion of the mitigation measures. Any addendum or subsequent CEQA clearance shall explain why the mitigation measure is no longer needed, not feasible, or the other basis for modifying or deleting the mitigation measure. Under this process, the modification or deletion of a mitigation measure shall not require a modification to any Project discretionary approval unless the Community Development Director also finds that the change to the mitigation measures results in a substantial change to the Project or the non-environmental conditions of approval. 5. MITIGATION MONITORING AND REPORTING PROGRAM a. AESTHETICS MM AES 1 Glass used in building facades shall be low emissivity or treated with a low emissivity coating in order to minimize glare (e.g., minimize the use of glass with mirror coatings). Monitoring Phase: Pre-Construction (Design) and Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of occupancy permits Action Indicating Compliance: Once at plan check and field inspection sign-off b. BIOLOGICAL RESOURCES MM BIO 1 If construction activities are to occur between February 1 and August 31, a preconstruction field survey shall be conducted by a qualified biologist to determine if active nests of species protected by the Migratory Bird Treaty Act or California Fish and Game Code are present in the construction zone or immediately surrounding the construction zone. Pre-construction nesting/breeding surveys shall be conducted within 10 days prior to the construction activity. If no active nests are found during the survey, construction activities may proceed. If nesting birds are observed on-site, an avoidance area shall be established to ensure that construction activities will not cause a nest to fail. A minimum buffer area surrounding the nest shall be avoided by all construction activities until the nestlings have fledged the nest. The buffer zones distance shall be 300 feet for non-raptor nests, 500 feet for raptor nests, 100 feet for common songbird nests, or as determined by the biological monitor in consultation with the California Department of Fish and Wildlife. A biological monitor shall be required to monitor the 20.c Packet Pg. 555 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -3- City of San Bernardino, California progress of the nesting birds. Construction activities may encroach within the buffer area at the discretion of the biological monitor in consultation with the California Department of Fish and Wildlife. Once the nestlings have independently fledged the nest, or if the biological monitor has determined the nest has failed, construction activities may proceed within the buffer area with no further restrictions with regard to nesting birds. Monitoring Phase: Pre-Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to any vegetation removal or issuance of grading permits if activity is to occur between February 1 and August 31 Action Indicating Compliance: Completion of nesting survey by qualified biologist and adherence to related measures to ensure no impacts if applicable c. CULTURAL RESOURCES MM CR 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 San Bernardino County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. Moreover, 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, Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians shall 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 input from these tribes. The archaeologist shall complete an isolate record for the find and submit this document to the Project Applicant and Lead Agency for dissemination to the Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians. If significant Native American archaeological or historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, a Secretary of Interior-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 Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians for review and comment. Furthermore, all in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by Tribal Participant(s) from Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians – should these tribes choose to participate –, and the Lead Agency and/or 20.c Packet Pg. 556 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -4- City of San Bernardino, California Project Applicant shall, in good faith, consult with Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the Project. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: At time of resource discovery, should it occur Action Indicating Compliance: If resource is discovered, retention of qualified archaeologist and contacting/consulting said tribes for input and site monitoring during assessment phase and the adherence to related measures if applicable MM CR 2 In the event that paleontological resources are exposed during construction activities for the Project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified paleontologist can evaluate the significance of the find. The qualified paleontologist shall also monitor the remaining ground-disturbing activities. Depending upon the significance of the find, the paleontologist may simply record the find and allow work to continue. If the find is determined to be a unique paleontological resource, then a mitigation program shall be developed in accordance with the provisions of CEQA as well as the guidelines of the Society of Vertebrate Paleontology (1995). Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: At time of resource discovery, should it occur Action Indicating Compliance: If resource is discovered, retention of qualified paleontologist and adherence to related measures if applicable d. GEOLOGY/SOILS MM GEO 1 Following seismic events that result in liquefaction, a qualified geotechnical or engineering professional shall inspect Project foundations for signs of differential settlement. Foundations shall be re-leveled if determined by the inspector. Monitoring Phase: Occupancy Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Following seismic events that result in liquefaction 20.c Packet Pg. 557 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -5- City of San Bernardino, California Action Indicating Compliance: Field inspection sign-off and foundation re- leveling if applicable e. HAZARDS AND HAZARDOUS MATERIALS MM HAZ 1 Prior to the demolition of the on-structures, an asbestos survey of the structures shall be performed, and any identified asbestos-containing materials shall be abated by a licensed abatement contractor according to all applicable federal, State, and local regulations. Due to the age of the structures, all painted building surfaces at the Project Site shall be assumed to contain LBP and treated as such unless future testing is conducted proving otherwise. All federal, State, and local regulations pertaining to LBP shall be followed by the demolition contractor as appropriate. Monitoring Phase: Pre-Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of demolition permit(s) Action Indicating Compliance: Documentation of surveys by licensed abatement contractor, and of proper disposal of the hazardous material in conformance with regulatory requirements f. NOISE MM NOI 1 The tunnel walls shall be lined with a 1-inch thick Pyrok™ noise absorbent material extending 30 feet into the tunnel from each end. Monitoring Phase: Pre-Construction (Design) and Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of occupancy permits Action Indicating Compliance: Once at plan check and field inspection sign-off MM NOI 2 Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Ongoing during field inspection Action Indicating Compliance: Field inspection sign-off 20.c Packet Pg. 558 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -6- City of San Bernardino, California MM NOI 3 The Project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Ongoing during field inspection Action Indicating Compliance: Field inspection sign-off g. TRIBAL CULTURAL RESOURCES MM CR 1 See Cultural Resources subheading above for MM CR 1. Remainder of Page Intentionally Blank 20.c Packet Pg. 559 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) PROJECT: GPA 18-02 Change the General Plan Land Use Designation from Multi-Family Residential to Commercial for 0.39 acres. NORTH EXHIBIT B – GENERAL PLAN AMENDMENT PROJECT SITE 20.d Packet Pg. 560 Attachment: CD.GPA18-02.Fast5Xpress.A1.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 ORDINANCE NO. MC-1513 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 18-03 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM RESIDENTIAL MEDIUM HIGH (RMH) TO COMMERCIAL GENERAL (CG-1) OF ONE (1) PARCEL (APN: 0280-131-28) CONTAINING A TOTAL OF APPROXIMATELY 0.39 ACRES, PURSUANT TO A MITIGATED NEGATIVE DECLARATION. WHEREAS, together, General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 constitute the Fast 5 Xpress Car Wash Project (“Project”); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Pub. Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines section 15073, preparation of a mitigated negative declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, the Mayor and City Council, having independently reviewed and considered the MND and MMRP, and the entire record related thereto, have certified that the MND has been completed in compliance with the requirements of CEQA, and that, with the incorporation of identified mitigation measures, there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment; and WHEREAS, on October 9, 2018, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2018-059 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 to the Mayor and City Council; and WHEREAS, notice of the January 16, 2019 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on 20.e Packet Pg. 561 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 January 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger additional environmental review under State CEQA Guidelines section 15073.5. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein. SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 18-03 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The project site, which is owned entirely by HHI San Bernardino, LLC, is currently a mix of vacant commercial property and underdeveloped residential property. The proposed amendment will result in removing the existing Residential Medium High (RMH) General Plan Land Use Designation from a portion of the project site, resulting in the entire site having the Commercial General (CG-1) General Plan Land Use Designation. The Commercial General (CG-1) General Plan Land Use Designation is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office, and related commercial uses along major transportation corridors and intersections to service the needs of the residents. The change in the General Plan Land Use Designation would provide a single land use/zone over the entire 1.32 acre parcel and would allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet (Fast 5 Xpress Car Wash), which is consistent with other commercial retail and service uses within the project area. The project is also consistent with the following General Plan goals and policies: 20.e Packet Pg. 562 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the General Plan Land Use Designation and Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) will capitalize on the existing local and regional commuter traffic along the corridor. Policy 5.7.3 requires that new development maintain architectural interest and variety through varied rooflines, building setbacks, and detailed façade treatments, and maintain a strong sense of project identity through similarities in façade organization, signage, landscaping, material use, colors, and roof shapes. The proposed project implements the above General Plan policy in that the proposed development includes a new commercial building and been designed with high-quality façade treatments and a varied roofline that incorporates distinct signage, which will provide additional architectural interest. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Residential Medium High (RMH) to Commercial General (CG-1) will facilitate the development of a drive-thru express carwash, which is consistent with the commercial retail and service uses within the project vicinity. The project site will be generally flat, with access from S. Tippecanoe Avenue (via E. Gould Street and E. Davidson Street), fully served by utility providers, and constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. 20.e Packet Pg. 563 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 Finding of Fact: The proposed amendment would result in the project site having the Commercial General (CG-1) Zoning District classification, which, upon consolidation of the property, will allow for the development of a drive- thru express carwash. The subject property is located along a major arterial that supports other existing local and regional commercial uses. Therefore, the proposed change from Residential Medium High (RMH) to Commercial General (CG-1) for the one (1) parcel would increase the commercial designation along a major corridor creating greater consistency with other properties located along the existing commercial corridor and providing for an appropriate balance of land uses within the City. Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact: The project site is currently comprised of four (4) parcels that are proposed to be merged into one (1) parcel containing a total of approximately 1.32 acres. The project site will be generally flat, with access from S. Tippecanoe Avenue (via E. Gould Street and E. Davidson Street). Utilities are available directly from S. Tippecanoe Avenue. The project site is sufficient in size to meet parking, loading, and landscaping requirements for the proposed drive-thru express carwash. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 4. Development Code Amendment (Zoning Map Amendment) 18-03 to change the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) of one (1) parcel (APN: 0280-131-28), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 5. Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 20.e Packet Pg. 564 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8. 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 __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 20.e Packet Pg. 565 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Ordinance No. MC-1513 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC ____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 20.e Packet Pg. 566 Attachment: CD.GPA18-02.Fast5Xpress.A2.OrdinanceMC1513 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) PROJECT: DCA (ZMA) 18-03 Change the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) for 0.39 acres. NORTH EXHIBIT A – DEVELOPMENT CODE AMENDMENT PROJECT SITE 20.f Packet Pg. 567 Attachment: CD.GPA18-02.Fast5Xpress.A2.Ordinance.Exhibit.A (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 RESOLUTION NO. 2019-15 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-03 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT, AND OPERATION OF A DRIVE-THRU EXPRESS CARWASH CONTAINING APPROXIMATELY 5,486 SQUARE FEET ON A PROJECT SITE COMPRISED OF FOUR (4) PARCELS (APN(S): 0281-131-28, 29, 30, AND 50) CONTAINING A TOTAL OF APPROXIMATELY 1.32 ACRES LOCATED AT 1659 S. TIPPECANOE AVENUE, PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, together, General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 constitute the Fast 5 Xpress Car Wash Project (“Project”); and WHEREAS, General Plan Amendment 18-02 and Development Code Amendment (Zoning Map Amendment) 18-03 is a request to allow the change of the General Plan Land Use Designation from Multi-Family Residential to Commercial and the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) of one (1) parcel containing a total of approximately 0.39 acres; and WHEREAS, Conditional Use Permit 18-03 is a request to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels containing a total of approximately 1.32 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment 18-03, and Conditional Use Permit 18-03 for compliance with the California Government Code, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Pub. Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines section 15073, preparation of a mitigated negative declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and 20.g Packet Pg. 568 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, the Mayor and City Council, having independently reviewed and considered the MND and MMRP, and the entire record related thereto, have certified that the MND has been completed in compliance with the requirements of CEQA, and that, with the incorporation of identified mitigation measures, there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment; and WHEREAS, notice of the January 16, 2019 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on January 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapters 19.52, and 19.36 of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Conditional Use Permit 18-03; and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger additional environmental review under CEQA. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of Conditional Use Permit 18-03 will result in a significant effect on the environment. SECTION 3. Findings of Fact – Conditional Use Permit 18-03. Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity or character of, the subject land use district and complies with all of the applicable provisions of the Development Code. Finding of Fact: The proposed project is a conditionally-permitted use, pursuant to Development Code, section 19.06. The project site is located in the Commercial General (CG-1) Zone and is substantially surrounded by existing commercial retail and service uses. The proposed development 20.g Packet Pg. 569 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 will comply with all applicable Development Code standards, such as parking, landscaping, building setbacks, density, and height standards. Therefore, the project would not impair the integrity or character of the subject land use district, or be detrimental to surrounding properties. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: The proposal is consistent with the following General Plan goals and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the General Plan Land Use Designation and Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) will capitalize on the existing local and regional commuter traffic along the corridor. Policy 5.7.3 requires that new development maintain architectural interest and variety through varied rooflines, building setbacks, and detailed façade treatments, and maintain a strong sense of project identity through similarities in façade organization, signage, landscaping, material use, colors, and roof shapes. The proposed project implements the above General Plan policy in that the proposed development includes a new commercial building and has been designed with high- quality façade treatments and a varied roofline that incorporates distinct signage, which will provide additional architectural interest. The proposed project will construct one new commercial building with quality-design elements that will be compatible with other commercial retail and service uses within the surrounding area. Therefore, the proposed project would be compatible with surrounding land uses and consistent with the General Plan. Finding No. 3: Approval of the Conditional Use Permit for the proposed use complies with the requirements of the CEQA and subdivision (6) of section 19.20.030 of the Development Code. Finding of Fact: The proposed development of a drive-thru express carwash will be harmonious and compatible with existing and future developments within 20.g Packet Pg. 570 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 the proposed Commercial General (CG-1) Zone and the Transit District (TD) Overlay. The surrounding area consists of a mixture of commercial retail and service uses. Appropriate Conditions of Approval have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the proposed development. The scale and density of the proposed development conforms to the development standards of the Commercial General (CG- 1) Zone and Transit District (TD) Overlay. Since the proposal is consistent with both the General Plan and the Development Code, no land-use conflict is expected to result from construction of the proposed project. Finding No. 4: There will be no potentially-significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with Public Resources Code, section 15074, a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 for the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial developments with a drive-thru. The proposed building will be located along S. Tippecanoe Avenue, across the street from existing commercial centers. Access to the subject property will be through two (2) new full-access driveways on E. Gould Street and E. Davidson Street. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. 20.g Packet Pg. 571 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The site is physically suitable for the type and density/intensity of the project being proposed, as evidenced by project compliance with all applicable Development Code Standards. The proposed building meets all setback and height requirements. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. 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 or safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed drive-thru express carwash, along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to, and already served by, existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed development under Conditional Use Permit 18-03 will not be detrimental to public services or to public health or safety. SECTION 4. – Conditions of Approval. Conditional Use Permit 18-03, is hereby approved, subject to the following Conditions of Approval: 1. This approval is to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels (APN(S): 0281-131-28, 29, 30, and 50) containing a total of approximately 1.32 acres. The project site is located at 1659 S. Tippecanoe Avenue, San Bernardino, CA 92408. 2. The project site shall be developed and maintained in accordance with: (i) the plans stamped January 16, 2019 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated January 16, 2019 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the approval of the Conditional Use Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In 20.g Packet Pg. 572 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: January 16, 2021 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will fully cooperate 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, and/or commissions of the City, and any 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 or 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 “attorneys’ fees” for purposes 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 7. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 8. 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 the commencement of work. 9. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (“Water Efficient Landscaping Standards”). 20.g Packet Pg. 573 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 10. Minor modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application. 11. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 12. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 13. 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 or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 14. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 15. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed. 16. The proposed block wall located along the eastern property line, adjacent to the existing residential properties, shall be constructed at a height of 8’. 17. The hours of operation for the proposed automated carwash are daily between the hours of 7:00 am and 8:00 pm. 18. 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. 19. 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. Building & Safety Division 20. All plans submitted shall conform to the California Building Standards Code (Cal. Code Regs., tit. 24) (2016). Please note that this will include the California Green Building Standards Code (Cal. Code Regs., tit. 24, pt. 11). 21. Project shall conform to chapter 3 of the California Building Standards Code (2016). 20.g Packet Pg. 574 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 22. Project shall also conform to the requirements of chapter 4 of the California Building Standards Code (2016), Special Details Requirements Based on Use of Occupancy. 23. Provide sprinkler requirements for the occupant load according to California Building Standards Code (2016). 24. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to chapter 11A of the California Building Standards Code (2016). 25. There shall be a formal plan submittal prior to all issuance of permits. 26. Refer to chapter 7 of the California Building Standards Code (2016) for Fire/Smoke Protection Requirements. Land Development Division 27. Drainage and Flood Control a. A local drainage study will be required for the project. Any drainage improvements, structures, or storm drains needed to mitigate downstream impacts or to protect the development shall be designed and constructed at the developer's expense, and with right-of-way dedicated as necessary. 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 outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. d. A Full Categorical Water Quality Management Plan (“WQMP”) and a Storm Water Pollution Prevention Plan (“SWPPP”) is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Land Development Division, prior to the issuance of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved WQMP and SWPPP is required prior to grading permit issuance. e. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A Water Discharge Identification (“WDID”) number issued by the State of California is required prior to the issuance of a grading permit. f. 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.g Packet Pg. 575 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 28. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings," unless otherwise approved by the Building Official. b. The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Building Official. c. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. d. If more than fifty (50) cubic yards of earth is to be hauled on City streets, then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to the issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated into the grading plan. 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 Americans with Disabilities Act (42 U.S.C. § 12111 et seq.) (“ADA”) path of travel (minimum 4’ wide) is not permitted. g. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508, with an accessible path of travel. The minimum size of the refuse enclosure(s) shall be 8’ by 15’. 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 the design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. h. 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. i. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. 20.g Packet Pg. 576 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 All temporary/security fencing for construction sites shall include screening, emergency identification, and safety identification, and shall be kept in a neat and undamaged condition. j. The drive-thru lane and the parking area adjacent to the building shall be constructed of Portland cement concrete (“PCC”) pavement. k. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, and foundation design, with structural calculations, conduit location, material, and size. A photometric plot shall be provided to demonstrate that the proposed on-site lighting design will provide:  1’-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and  0.25’-candles security lighting during all other hours. l. The design of on-site improvements shall also comply with all requirements of the California Building Standards Code (2016) 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’. Where parking overhangs the pathway, the minimum paved width shall be 6.5’. n. One van-accessible parking space is required. The accessible space shall not be used for any other purpose (e.g., vacuum station). o. A lot merger is required for this project. The applicant is directed to the City’s web page at http://www.sbcity.org – Departments – Public Works – Submittal Requirements for submittal requirements. p. The project’s Landscape Plan shall be reviewed and approved by the Land Development Division prior to the issuance of a grading permit. Three (3) copies must be submitted to the Land Development Division for plan-checking. q. Prior to the occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one (1) year. r. The public right-of-way, between the property line and the top of curb (also known as the “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. s. All electrical transformers located outdoors on the site shall be screened from view with a solid wall or landscaping, and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault, unless approved by the City Engineer pursuant to Section 19.30.110. 20.g Packet Pg. 577 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 29. Utilities a. Design and construct all public utilities to serve the site in accordance with the City Code, City Standards, and the requirements of the serving utility, including gas, electric, telephone, water, sewer, and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. The project site shall be provided with separate water and sewer facilities so that the City or the agency providing such services in the area can serve it. c. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d. This project is located in the sewer service area maintained by the City of San Bernardino and, therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and the City’s Standard Drawings. e. Utility services shall be placed underground and easements provided as required. f. The proposed light poles shall be relocated on site (outside of the City’s right-of- way). g. Existing utilities that interfere with new construction shall be relocated at the Developer's expense and as directed by the City Engineer. 30. Required Engineering Plans a. A complete submittal for plan-checking shall consist of:  street improvement plans (may include street lights, or street lighting may be a separate plan);  sewer plans (private sewers may be shown on on-site improvement plans; public sewers must be on a separate plan with profile);  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);  signing and striping plans (may be on sheets included in street improvement plan);  lighting plans (on-site lighting may be included in on-site improvement plans or may be on a separate stand-alone plan);  grading plans (may be incorporated with on-site improvement plans);  on-site improvement plans and on-site landscaping and irrigation plans;  water plans (shall be submitted to San Bernardino Municipal Water Department); and  other plans, as required. b. 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 20.g Packet Pg. 578 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 the initial submittal (including but not limited to, drainage studies, soils reports, structural calculations). 31. Required Engineering Permits a. Grading permit; and b. On-site improvements construction permit (except buildings - see Development Services -Building Division), including landscaping. Public Works Department 32. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (“R.W.”) per the General Plan and San Bernardino Municipal Code shall provide the distance from the street centerline to the property line and the placement of the curb line (“C.L.”) in relation to the street centerline shall be as follows: Street Name Right of Way (feet) Curb Line (feet) Tippecanoe Avenue (281-131-29 281-131-30 281-131-50) 47’ Existing 8’ Dedication Required for a 55’ from centerline “Major Arterial” 38’ Existing 42’ Proposed (Future 42’ to 48’) Gould Street (281-131-28 281-131-29) 25’ to 27.5’ Existing 2.5’ to 5’ Dedication required for a 30’ from Centerline “Local Collector” 20’ Existing 0’ addition Per General Plan Davidson Street (281-131-50) 25’ to 27.5’ Existing 2.5’ to 5’ Dedication required for a 30’ from Centerline “Local Street” 20’ Existing 0’ addition Per General Plan b. Tippecanoe 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 has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The existing sidewalk fronting the site does not comply with City Standards and shall be replaced. The existing curb and gutter has some areas that are broken and chipped, these panels shall be replaced. The existing ADA Ramps do not comply with current standards and shall be replace. iii) The corners shall be a 35’ Radius to the satisfaction of the City Engineer. 20.g Packet Pg. 579 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 iv) Driveway approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. v) Construct 8" Curb and Gutter per City Standard No. 200. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6’ wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Street Light System shall be replaced in accordance with City Standard Nos. SL-1, SL-2, and SL-3. Also, a separate light plan may be submitted in accordance with the City of San Bernardino’s Street Lighting Design Policies ix) Underground existing Poles. x) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. c. Gould 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 City’s has a minimum of 2” Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The corners shall be a 35’ Radius to the satisfaction of the City Engineer. iii) Driveway approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. iv) Construct 8" Curb and Gutter per City Standard No. 200. v) Construct 8" Curb transition from existing to match the new curb and gutter for approach and departure traffic safety and drainage as approved by the City Engineer. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6’ wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Install an LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino’s Street Lighting Design Policies ix) Street Light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. x) Underground existing Poles. 20.g Packet Pg. 580 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 d. Davidson 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 City has a minimum standard for new streets (4” AC over 8” Base); However the Soils Report may indicate a thicker or different improvement. ii) The corners shall be a 35’ Radius to the satisfaction of the City Engineer. iii) A driveway approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the driveway approach. iv) Construct 8" Curb and Gutter per City Standard No. 200. v) Construct 8" Curb transition from existing to match the new curb and gutter for approach and departure traffic safety and drainage as approved by the City Engineer. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6’ wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Install an LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino’s Street Lighting Design Policies ix) Street Light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. x) Underground existing Poles. * A Traffic Report may increase and extend these requirements. e. A second copy of the drainage report will be delivered to the Public Works Department, if offsite or overflow storm drain systems are identified, all systems shall be included on the street improvement plans, or on a separate set of plans. f. City-approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. g. A temporary construction encroachment permit from the Public Works Department shall be required for utility cuts into existing streets and for any work within the 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 the Public Works Department’s satisfaction. h. Permanent Encroachment requirements shall be delivered to the Real Property Division for Council approval and recording, this is an eight (8) to twelve (12) week process with deposits prior to council agendas. 20.g Packet Pg. 581 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 i. Any pavement works affecting the traffic-loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. j. The applicant must post a performance bond prior to the issuance of the off-site permit. The amount of the bond is to be determined by the Public Works Department. k. The above conditions shall comply with the codes, and policies in place at time of construction. 33. Required Engineering Plans a. A complete submittal for plan-checking shall consist of:  street improvement plans;  sewer plans (private sewers may be shown on on-site and off-site improvement plans; 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 and off-site improvement plans; public storm drains must be on a separate plan with profile);  traffic-signal plans (must be submitted on a separate plan) (if needed);  signing and striping plan (may be on sheets included in street improvement plan, with verification and approval prior to submission);  lighting plans (offsite lighting must be on a separate plan, unless prior approval otherwise before submission; on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan);  water plans (shall be submitted to San Bernardino Municipal Water Department);  other plans, as required. b. 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, and structural calculations). c. All off-site improvement plans submitted for plan-checking shall be prepared on the City’s standard 24” by 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. d. 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. e. 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. 34. Required Engineering Permits a. Off-site improvement construction permits. 20.g Packet Pg. 582 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 35. Applicable Engineering Fees a. All plan-checking, 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-checking. 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. b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org. 36. Traffic Requirements a. All traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to street improvement plan approval. San Bernardino County Consolidated Fire District 37. All required access roads shall meet county standards of 26’ in width and turning radius. Plans shall be submitted and approved prior to construction commencement. 38. Premise and building identification and addressing shall be a minimum of 12” in height. Single-family home addresses shall be a minimum of 4” in height and shall be internally illuminated during the hours of darkness. 39. An approved water-supply system, complete with street fire hydrants complying with Fire Department Standards, shall be in place prior to any combustible construction. 40. All exiting shall comply with the California Fire Code (Cal. Code Regs., tit. 24, pt. 9) and other provisions of the California Building Standards Code (2016) for travel distance, lineal feet, and width. 41. The expiration date for this project is set by the Planning Department. 42. Provide approved fire apparatus access roadways (“fire lanes”) in accordance with the current California Fire Code and Fire Department standards. 43. All fire access roads into this project shall meet all applicable San Bernardino County standards and California Fire Code requirements, and shall be paved and all-weather. 44. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code requirements for spacing and size. 45. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 46. Fire Riser room is required. See County standard requirements. 20.g Packet Pg. 583 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 47. Permission to occupy or use the building (Certification of Occupancy or Shell Building Release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card/building permit for "fire final." 48. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire Department Standard. If gates are installed, they must comply with Fire Department Standards. 49. The referenced project is under the jurisdiction of the San Bernardino County Fire Department. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Code Official for verification of current fire protection requirements. All new construction shall comply with the current San Bernardino County Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department. 50. Knox Box/Key Box is required, and shall be provided and installed in accordance with the California Fire Code and Fire Department standards. 51. All access gates shall require mechanical means for opening in the event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Know Box lock-actuation devices. 52. Monitored fire sprinkler systems are required for the proposed building. Plans shall be submitted to the Fire Department prior to construction, pursuant to California Fire Code, section 903.2.1.1. 53. An approved on-site fire-protection system, in accordance with Fire Department standards, is required. The system is required to be in-place and serviceable prior to building construction. 54. Any changes to this proposal shall require a new Fire Department condition letter. 55. The project shall comply with all current Building Codes, Fire Codes, and Fire Department standards based on occupancy classification. 56. Streets or access roads greater than 150’ in length shall require cul-de-sacs or approved turnarounds, per Fire Department standards. Any street exceeding 500’ will require paved secondary access. This includes construction phasing. 57. Any changes to the approved life-safety system shall require plans to be submitted to the Fire Department prior to construction, including fire sprinklers, fire alarms, an underground water supply for fire protection, and cooking appliances and hood protections. 58. The water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Code Official. 20.g Packet Pg. 584 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 SECTION 5. Notice of Determination. The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 20.g Packet Pg. 585 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Resolution No. 2019-15 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 20.g Packet Pg. 586 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution 2019-15 (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.h Packet Pg. 587 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.A. (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.h Packet Pg. 588 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.A. (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.h Packet Pg. 589 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.A. (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.h Packet Pg. 590 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.A. (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.h Packet Pg. 591 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.A. (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) MITIGATION MONITORING AND REPORTING PROGRAM 1. INTRODUCTION This Mitigation Monitoring and Reporting Program (“MMRP”) has been prepared pursuant to Public Resources Code Section 21081.6, which requires a Lead Agency to adopt a “reporting or monitoring program for changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” In addition, Section 15097(a) of the State CEQA Guidelines requires that a public agency adopt a program for monitoring or reporting mitigation measures and project revisions, which it has required to mitigate or avoid significant environmental effects. This MMRP has been prepared in compliance with the requirements of CEQA, Public Resources Code Section 21081.6 and Section 15097 of the State CEQA Guidelines. The City of San Bernardino is the Lead Agency for the proposed Fast5Xpress Car Wash Project (“Project”) and therefore is responsible for administering and implementing the MMRP. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity that accepts the delegation; however, until mitigation measures have been completed, the Lead Agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. An Initial Study/Mitigated Negative Declaration (“IS/MND”) has been prepared to address the potential environmental impacts of the Project. The evaluation of the Project’s impacts in the IS/MND applies mitigation measures (“MM”) needed to avoid or reduce potentially significant environmental impacts. This MMRP is designed to monitor implementation of the mitigation measures identified for the Project. 2. ORGANIZATION As shown on the following pages, each mitigation measure for the Project is listed and categorized by impact area, with an accompanying identification of the following: • Monitoring Phase: The phase of the Project during which the mitigation measure shall be monitored; o Pre-Construction, including the design phase o Construction o Occupancy (post-construction) • Enforcement Agency: The agency with the power to enforce the mitigation measure; • Monitoring Agency: The agency to which reports involving feasibility, compliance, implementation and development are made; • Monitoring Timing/Frequency: The frequency at which the mitigation measure shall be monitored; and • Action Indicating Compliance: The action of which the Enforcement or Monitoring Agency indicates that compliance with the required mitigation measure has been implemented. 3. ADMINISTRATIVE PROCEDURES AND ENFORCEMENT This MMRP shall be enforced throughout all phases of the Project. The Applicant shall be responsible for implementing each mitigation measure and shall be obligated to provide verification, as identified 20.i Packet Pg. 592 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -2- City of San Bernardino, California below, to the appropriate monitoring and enforcement agencies that each mitigation measure has been implemented. The Applicant shall maintain records demonstrating compliance with each mitigation measure listed below. Such records shall be made available to the City upon request. 4. PROGRAM MODIFICATION The Project shall be in substantial conformance with the mitigation measures contained in this MMRP. The enforcing departments or agencies may determine substantial conformance with mitigation measures in the MMRP in their reasonable discretion. If the department or agency cannot find substantial conformance, a mitigation measure may be modified or deleted as follows: the enforcing department or agency, or the decision-maker for a subsequent discretionary Project-related approval, complies with CEQA Guidelines Sections 15162 and 15164, including by preparing an addendum or subsequent environmental clearance to analyze the impacts from the modifications to or deletion of the mitigation measures. Any addendum or subsequent CEQA clearance shall explain why the mitigation measure is no longer needed, not feasible, or the other basis for modifying or deleting the mitigation measure. Under this process, the modification or deletion of a mitigation measure shall not require a modification to any Project discretionary approval unless the Community Development Director also finds that the change to the mitigation measures results in a substantial change to the Project or the non-environmental conditions of approval. 5. MITIGATION MONITORING AND REPORTING PROGRAM a. AESTHETICS MM AES 1 Glass used in building facades shall be low emissivity or treated with a low emissivity coating in order to minimize glare (e.g., minimize the use of glass with mirror coatings). Monitoring Phase: Pre-Construction (Design) and Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of occupancy permits Action Indicating Compliance: Once at plan check and field inspection sign-off b. BIOLOGICAL RESOURCES MM BIO 1 If construction activities are to occur between February 1 and August 31, a preconstruction field survey shall be conducted by a qualified biologist to determine if active nests of species protected by the Migratory Bird Treaty Act or California Fish and Game Code are present in the construction zone or immediately surrounding the construction zone. Pre-construction nesting/breeding surveys shall be conducted within 10 days prior to the construction activity. If no active nests are found during the survey, construction activities may proceed. If nesting birds are observed on-site, an avoidance area shall be established to ensure that construction activities will not cause a nest to fail. A minimum buffer area surrounding the nest shall be avoided by all construction activities until the nestlings have fledged the nest. The buffer zones distance shall be 300 feet for non-raptor nests, 500 feet for raptor nests, 100 feet for common songbird nests, or as determined by the biological monitor in consultation with the California Department of Fish and Wildlife. A biological monitor shall be required to monitor the 20.i Packet Pg. 593 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -3- City of San Bernardino, California progress of the nesting birds. Construction activities may encroach within the buffer area at the discretion of the biological monitor in consultation with the California Department of Fish and Wildlife. Once the nestlings have independently fledged the nest, or if the biological monitor has determined the nest has failed, construction activities may proceed within the buffer area with no further restrictions with regard to nesting birds. Monitoring Phase: Pre-Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to any vegetation removal or issuance of grading permits if activity is to occur between February 1 and August 31 Action Indicating Compliance: Completion of nesting survey by qualified biologist and adherence to related measures to ensure no impacts if applicable c. CULTURAL RESOURCES MM CR 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 San Bernardino County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. Moreover, 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, Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians shall 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 input from these tribes. The archaeologist shall complete an isolate record for the find and submit this document to the Project Applicant and Lead Agency for dissemination to the Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians. If significant Native American archaeological or historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, a Secretary of Interior-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 Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians for review and comment. Furthermore, all in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by Tribal Participant(s) from Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians – should these tribes choose to participate –, and the Lead Agency and/or 20.i Packet Pg. 594 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -4- City of San Bernardino, California Project Applicant shall, in good faith, consult with Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the Project. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: At time of resource discovery, should it occur Action Indicating Compliance: If resource is discovered, retention of qualified archaeologist and contacting/consulting said tribes for input and site monitoring during assessment phase and the adherence to related measures if applicable MM CR 2 In the event that paleontological resources are exposed during construction activities for the Project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified paleontologist can evaluate the significance of the find. The qualified paleontologist shall also monitor the remaining ground-disturbing activities. Depending upon the significance of the find, the paleontologist may simply record the find and allow work to continue. If the find is determined to be a unique paleontological resource, then a mitigation program shall be developed in accordance with the provisions of CEQA as well as the guidelines of the Society of Vertebrate Paleontology (1995). Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: At time of resource discovery, should it occur Action Indicating Compliance: If resource is discovered, retention of qualified paleontologist and adherence to related measures if applicable d. GEOLOGY/SOILS MM GEO 1 Following seismic events that result in liquefaction, a qualified geotechnical or engineering professional shall inspect Project foundations for signs of differential settlement. Foundations shall be re-leveled if determined by the inspector. Monitoring Phase: Occupancy Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Following seismic events that result in liquefaction 20.i Packet Pg. 595 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -5- City of San Bernardino, California Action Indicating Compliance: Field inspection sign-off and foundation re- leveling if applicable e. HAZARDS AND HAZARDOUS MATERIALS MM HAZ 1 Prior to the demolition of the on-structures, an asbestos survey of the structures shall be performed, and any identified asbestos-containing materials shall be abated by a licensed abatement contractor according to all applicable federal, State, and local regulations. Due to the age of the structures, all painted building surfaces at the Project Site shall be assumed to contain LBP and treated as such unless future testing is conducted proving otherwise. All federal, State, and local regulations pertaining to LBP shall be followed by the demolition contractor as appropriate. Monitoring Phase: Pre-Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of demolition permit(s) Action Indicating Compliance: Documentation of surveys by licensed abatement contractor, and of proper disposal of the hazardous material in conformance with regulatory requirements f. NOISE MM NOI 1 The tunnel walls shall be lined with a 1-inch thick Pyrok™ noise absorbent material extending 30 feet into the tunnel from each end. Monitoring Phase: Pre-Construction (Design) and Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Prior to issuance of occupancy permits Action Indicating Compliance: Once at plan check and field inspection sign-off MM NOI 2 Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Ongoing during field inspection Action Indicating Compliance: Field inspection sign-off 20.i Packet Pg. 596 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Mitigation Monitoring and Reporting Program -6- City of San Bernardino, California MM NOI 3 The Project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. Monitoring Phase: Construction Enforcement Agency: Building and Safety Division Monitoring Agency: Building and Safety Division Monitoring Timing/Frequency: Ongoing during field inspection Action Indicating Compliance: Field inspection sign-off g. TRIBAL CULTURAL RESOURCES MM CR 1 See Cultural Resources subheading above for MM CR 1. Remainder of Page Intentionally Blank 20.i Packet Pg. 597 Attachment: CD.GPA18-02.Fast5Xpress.A3.Resolution.Exhibit.B (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project 1659 & 1695 S. TIPPECANOE AVENUE, 1155 E. GOULD STREET, 1158 E. DAVIDSON STREET FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION STATE CLEARINGHOUSE # 2018071039 PREPARED FOR: The City of San Bernardino Community Development Planning Division 290 North D Street San Bernardino, CA 92401 APPLICANT: HHI San Bernardino, LLC 3800 Orange Street, Suite 250 Riverside, CA 92501 PREPARED BY: EcoTierra Consulting, Inc. 3890 Orange Street, Unit 1471 Riverside, CA 92501 SEPTEMBER 2018 20.j Packet Pg. 598 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Page Intentionally Blank 20.j Packet Pg. 599 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) FAST5XPRESS CAR WASH PROJECT FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FINAL IS/MND PROCESS AND CONTENTS The City of San Bernardino (“City”), acting as Lead Agency for the California Environmental Quality Act (“CEQA”) documentation, released a Draft Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Fast5Xpress Car Wash Project (“Project”) for public review. The Draft IS/MND, along with a Notice of Intent to Adopt a MND, was posted at the State Clearinghouse under number 2018071039 and circulated to various agencies, organizations, and individuals for the required 30-day public review period from July 17, 2018, to August 16, 2018. The Notice of Intent was also published in the San Bernardino Sun, a newspaper of general circulation in the area affected by the proposed Project. No comment letters were received on the Draft IS/MND. However, consultations between the City and the San Manuel Band of Mission Indians, as part of the Project’s compliance with Assembly Bill 52 and Senate Bill 18, resulted in textual revisions to mitigation measure MM CR 1 that was identified in the Draft IS/MND. These textual revisions, which retain the same performance standards to mitigate a potentially significant impact to a less-than-significant level, are provided in this Final IS/MND as underline (example) for new text added since the public review Draft IS/MND) and strikethrough (example) for text deleted since the public review Draft IS/MND. 20.j Packet Pg. 600 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Page Intentionally Blank 20.j Packet Pg. 601 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) TABLE OF CONTENTS Project Information ....................................................................................................................................... 1 Environmental Factors Potentially Affected ............................................................................................... 17 Evaluation of Environmental Impacts ......................................................................................................... 18 1. Aesthetics ....................................................................................................................................... 19 2. Agriculture and Forestry Resources ............................................................................................... 21 3. Air Quality ...................................................................................................................................... 23 4. Biological Resources ...................................................................................................................... 32 5. Cultural Resources ......................................................................................................................... 35 6. Geology and Soils ........................................................................................................................... 39 7. Greenhouse Gas Emissions ........................................................................................................ 4443 8. Hazards and Hazardous Materials ............................................................................................. 4746 9. Hydrology and Water Quality .................................................................................................... 5251 10. Land Use and Planning ............................................................................................................... 5756 11. Mineral Resources ..................................................................................................................... 6463 12. Noise .......................................................................................................................................... 6564 13. Population and Housing ............................................................................................................. 7372 14. Public Services ............................................................................................................................ 7574 15. Recreation .................................................................................................................................. 7877 16. Transportation/Traffic ............................................................................................................... 7978 17. Tribal Cultural Resources ........................................................................................................... 9796 18. Utilities and Service Systems ..................................................................................................... 9897 19. Mandatory Findings of Significance ....................................................................................... 104103 LIST OF FIGURES Figure 1 – Regional and Project Vicinity Location Map ................................................................................ 6 Figure 2 – Aerial Photograph of Project Site ................................................................................................. 7 Figure 3 – Site Plan ........................................................................................................................................ 8 Figure 4 – Floor Plan ..................................................................................................................................... 9 Figure 5 – Elevations ................................................................................................................................... 10 Figure 6 – Landscape Plan ........................................................................................................................... 11 Figure 7 – Preliminary WQMP Site Plan ...................................................................................................... 12 20.j Packet Pg. 602 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Table of Contents -ii- City of San Bernardino, California Figure 8 – Views of the Project Site ............................................................................................................ 13 Figure 9 – Views of Surrounding Land Uses ................................................................................................ 14 Figure 10 – Views of Surrounding Land Uses .............................................................................................. 15 Figure 11 – Existing Zoning ......................................................................................................................... 16 Figure 12 – Noise Model Layout with Car Wash Noise Sources and Nearby Receivers ......................... 6867 Figure 13 – Unabated Car Wash Worst-Case Noise Contours with Receptor Locations ........................ 6968 Figure 14 – Abated Car Wash Worst-Case Noise Contours with Receptor Locations ............................ 7069 Figure 15 – Project Location and Study Area .......................................................................................... 8180 Figure 16 – Cumulative Project Map ....................................................................................................... 8786 LIST OF TABLES Table 1 – SCAQMD Thresholds of Significance ........................................................................................... 25 Table 2 – Construction-Related Regional Pollutant Emissions ................................................................... 26 Table 3 – Operational Regional Pollutant Emissions .................................................................................. 28 Table 4 – Attainment Status for the South Coast Air Basin ........................................................................ 28 Table 5 – Maximum Number of Acres Disturbed Per Day .......................................................................... 30 Table 6 – Local Construction Emissions at the Nearest Receptor .............................................................. 30 Table 7 – Local Operational Emissions at the Nearest Receptor ................................................................ 31 Table 8 – Project-Related GHG Emissions ............................................................................................... 4645 Table 9 – Project Consistency with the Applicable Objectives and Policies of the Land Use Element of the General Plan ............................................................................................................................... 5958 Table 10 – Transit District Overlay Development Guidelines ................................................................. 6362 Table 11 – Unabated Worst-Case Car Wash Noise at Model Receptors ................................................ 6766 Table 12 – Abated Worst-Case Car Wash Noise at Model Receptors .................................................... 6766 Table 13 – Employment Forecasts for the City of San Bernardino ......................................................... 7473 Table 14 – HCM-LOS & Delay Ranges (Signalized Intersections) ............................................................ 8281 Table 15 – HCM-LOS & Delay Ranges (Unsignalized Intersections) ........................................................ 8382 Table 16 – City of San Bernardino Thresholds of Significance ................................................................ 8483 Table 17 – Intersection Analysis for Existing Conditions ........................................................................ 8584 Table 18 – Trip Generation of Project ..................................................................................................... 8584 Table 19 – Intersection Analysis for Existing Plus Project Conditions .................................................... 8887 Table 20 – Intersection Analysis for Opening Year Base ......................................................................... 8988 Table 21 – Intersection Analysis for Opening Year Base Plus Other Development ................................ 9089 20.j Packet Pg. 603 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Table of Contents -iii- City of San Bernardino, California Table 22 – Intersection Analysis for Opening Year Base Plus Other Development Plus Project ............ 9190 Table 23 – Intersection Analysis for General Plan Buildout Without Project ......................................... 9291 Table 24 – Intersection Analysis for General Plan Buildout With Project .............................................. 9392 Table 25 – Estimated Project Construction and Demolition Solid Waste ........................................... 102101 Table 26 – San Bernardino Disposal Tonnage Trend .......................................................................... 103102 APPENDICES Appendix A Air Quality Technical Memorandum Appendix B Cultural Resources Inventory Appendix C Geotechnical Investigation Appendix D Phase I Environmental Site Assessment Appendix E Preliminary Water Quality Management Plan Appendix F Operations Noise Study Appendix G Traffic Impact Analysis 20.j Packet Pg. 604 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Table of Contents -iv- City of San Bernardino, California Page Intentionally Blank 20.j Packet Pg. 605 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) FINAL INITIAL STUDY STATE CLEARINGHOUSE # 2018071039 City of San Bernardino, California 1. PROJECT TITLE: Fast5Xpress Car Wash Project 2. LEAD AGENCY & ADDRESS: City of San Bernardino Community Development Planning Division 290 North D Street San Bernardino, CA 92401 3. CONTACT PERSON & PHONE: Travis Martin, Associate Planner (909) 384-5313; martin_tr@sbcity.org 4. PROJECT LOCATION: The approximately 1.41-acre site encompasses four parcels located to the east of S. Tippecanoe Avenue between E. Gould Street to the north and E. Davidson Street to the south and includes the following street address 1659 and 1695 S. Tippecanoe Avenue, 1155 E. Gould Street, and 1158 E. Davidson Street (“Project Site”) in the City of San Bernardino (“City”). The Project Site is associated with Assessor Parcel Numbers 0281-131-28, 0281-131-29, 0281-131-30 and 0281-131-50. Local access to the site is provided from the aforementioned streets, and regional access is provided by Interstate 10, approximately 0.4 mile to the south. See Figure 1 – Regional and Project Vicinity Location Map, and Figure 2 – Aerial Photograph of the Project Site. 5. PROJECT SPONSOR & ADDRESS: HHI San Bernardino, LLC 3800 Orange Street, Suite 250 Riverside, CA 92501 6. GENERAL PLAN DESIGNATIONS: Commercial (1659–1695 S Tippecanoe Ave, 1155 E Gould St) Multi-Family Residential (1158 E Davidson St) 7. ZONING: Commercial General-1 (1659–1695 S Tippecanoe Ave, 1155 E Gould St) Residential Medium High (1158 E Davidson St) 8. PROJECT DESCRIPTION: Project Overview The proposed Fast5Xpress Car Wash Project (“Project”) would demolish the two existing on-site residences and additional small structures associated with these residences (i.e., three sheds and a detached garage), and construct an approximately 150-foot single tube automated indoor express car wash within an approximately 5,486-square-foot one-story car wash building, and associated surface parking lot with 24 parking spaces under vacuum bay canopies and 5 employee parking spaces. The Project would provide on- site car washing and drying services. The car wash building would also include approximately 268 square feet of administrative office space, approximately 128 square feet of sales office space, approximately 92- square-foot public restroom, approximately 208-square-foot electric room, and an approximately 1,302- 20.j Packet Pg. 606 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -2- City of San Bernardino, California square-foot equipment room. A proposed trash enclosure would be located near the southeast corner of the Project Site. See Figure 3 – Site Plan and Figure 4 – Floor Plan. Design and Architecture The car wash building would be located near the center of the Project Site and the on-site parking would be generally concentrated on the eastern portion of the site. The Project would include two self-service lanes on the west side of the car wash building for vehicle queuing while patrons wait to enter the automated car wash tunnel with their vehicle. An approximately six-foot eight-inch tall concrete block wall would be constructed along the east property line of the Project Site. The Project would be designed consistent with the contemporary architectural styling and color palate of existing Fast5Xpress locations in Southern California, which includes the use of white, orange, blue, and gray. See Figure 5 – Elevations. Open Space and Landscaping The Project would include approximately 26,002 square feet of landscaping and open space (42 percent of the total site). The Project’s landscape plan includes a variety of shrubs and trees along the perimeter of the Project Site and around the proposed car wash building. Approximately 91 trees are proposed in the Project’s landscape plan including evergreen trees (Carolina Laurel Cherry), flowering trees (Gold Medallion and Firewheel trees), and palm trees (Queen Palm). The Project landscaping would also include a variety of grasses in the on-site bioswale. See Figure 6 – Conceptual Landscape Plan. The irrigation design would include a fully automatic irrigation system with flood bubblers irrigating all trees and palms, and low-flow drip emitters irrigating all shrub and groundcover planting. A “smart” irrigation controller would be installed in the car wash building and a moisture/rain sensor would also be installed at the site. All irrigation equipment would meet Assembly Bill (“AB”) 1881 water conservation requirements as per City standards. Access, Circulation, and Parking Vehicular access to and from the Project Site would be provided from two driveways, one accessed from E. Gould Street at the north of the Project Site and the other accessed from E. Davidson Street at the south of the Project Site. No driveway access would be provided from S. Tippecanoe Avenue. Sight distance at each Project access point would be reviewed with respect to California Department of Transportation (“Caltrans”) and City sign distance standards at the time of final grading, landscaping, and street improvement plans. Once on site, patrons would have access to 24 parking spaces located under a vacuum bay canopies, and employees would have access to the 5 employee parking spaces. Patrons intending to use the car wash facility would enter the two self-service lanes from its one-way ingress point in the northern portion of the site. From these lanes, patrons would be able to purchase various car wash services. These lanes curve around the northern part of the car wash building and vehicles would queue along the west side of the car wash building adjacent to S. Tippecanoe Avenue before making a U-turn near the southern portion of the Project Site to enter the car wash tunnel from the car wash building’s southern elevation. A one-way escape lane would also be provided at this U-turn for vehicles to leave the self-service lanes without entering the car wash tunnel. Upon exiting the car wash tunnel, the self-service lane would direct vehicles to the self-service vacuuming and drying area under the aforementioned vacuum bay canopies, or the vehicle may exit the site onto E. Gould Street to the signalized intersection with S. Tippecanoe Avenue. Each of the 24 parking spots under these canopies would include a vacuum to clean the vehicle interior and compressed air nozzle to remove excess water for vehicle drying. 20.j Packet Pg. 607 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -3- City of San Bernardino, California Wherever necessary as determined by the City, roadways adjacent to the Project Site and site access points would be constructed in compliance with recommended roadway classifications and respective cross- sections as per the City’s General Plan Circulation Element. In addition, the Project would provide new sidewalks along the Project Site’s frontage with E. Gould Street and E. Davidson Street. Lighting and Signage New Project signage would be used for business identification, wayfinding, liability disclosures, and car wash service menu options. Business identification monument signs would be located at the northwest and southwest corners of the Project Site facing S. Tippecanoe Avenue; approximately four-foot tall LED internally-illuminated custom aluminum fabricated directional signs would be located at both access driveways; and approximately two-foot tall LED illuminated front-lit channel letter sign reading “car wash” and five-and-a-half-foot directional sign would be located at the entrance to the two self-service lanes in the northern portion of the Project Site. An approximately six-and-a-half-foot tall liability disclosures sign and car wash service menu options sign would be located along the self-service lanes. Project signage would conform to the San Bernardino Municipal Code (“SBMC”). Exterior lighting would consist of building-mounted lights and light poles. The light poles would illuminate the parking lot areas and self-service lanes. All lighting would be shielded away from adjacent land uses. Proposed lighting would conform to the SBMC. Site Operation and Security The proposed hours of operation for the car wash and administrative offices are from 7:00 AM to 7:00 PM seven days a week during the winter season, and 7:00 AM to 8:00 PM seven days a week during the rest of the year. The Project would provide security features including, but not limited to, building-mounted video surveillance cameras to monitor exterior activity. Sustainability Features The Project would be compliant with the California Green Building Standards/Title 24 requirements. The Project’s car wash process is designed to be environmentally friendly by recycling approximately 80 percent of the water through a clarifier system. Water from the car wash process goes through the chambers in an underground tank where it is cleaned before being pumped back into the car wash to be re-used; however, the final rinse on the car does not use this recycled water. In addition, as discussed above, all irrigation equipment would meet AB 1881 water conservation requirements as per City standards. Hydrology/Drainage Upon completion of the Project, the Project Site would consist of approximately 63 percent impervious surface area and 37 percent pervious surface area. As shown in Figure 7 – Preliminary WQMP Site Plan, the Project proposes a vegetated bioswale between S. Tippecanoe Avenue and the two self-service lanes to treat surface water runoff before infiltrating into the ground and preventing water runoff from leaving the site. Rip rap would be provided at the bioswale’s two points of entry near the northern and southern area of the self-service lanes. Runoff in the paved areas of the southern half of the Project Site would be conveyed southerly via a concrete v-gutter to the bioswale’s southern point of entry, and runoff in the paved areas of the northern half of the Project Site would be conveyed northerly via a concrete v-gutter to the bioswale’s northern point of entry. The bioswale would be connected to a bioretention basin designed for six inches of ponding. The bioretention basin would treat runoff before infiltration into the ground. A system outlet parkway drain would convey treated runoff overflows to S. Tippecanoe Avenue. 20.j Packet Pg. 608 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -4- City of San Bernardino, California Grading The Project proposes grading of the entire site. Grading is anticipated to be balanced with no soil import or export proposed for the Project. Proposed Designation and Zoning The Project requires a General Plan Amendment to amend the land use designation for the parcel at 1158 E. Davidson Street (APN 0281-131-28) from Multi-Family Residential to Commercial, and a Development Code/Zoning Map Amendment of that parcel from Residential Medium High to Commercial General-1 in order to provide a uniform land use designation and zoning to the Project Site and to permit development of the Project as proposed. Anticipated Construction Schedule The Project would be constructed in one phase over approximately eight months. Construction activities would include the demolition of the two existing residences and additional small structures associated with these residences (i.e., three sheds and a detached garage), grading, and building construction. Demolition activities are anticipated to start in April 2019, and construction completion is anticipated in November 2019. 9. SURROUNDING LAND USES & PROJECT SETTING: The Project Site is located in the southeastern area of the City. The rectangular-shaped Project Site is comprised of four adjoining parcels and is currently improved with two one-story single-family residences and additional small structures associated with the residences (i.e., three sheds and a detached garage). One residence fronts E. Gould Street and the other residence fronts E. Davidson Street. The majority of the Project Site is vacant graded land with scattered vegetation, including trees at the residential lots. There are a few areas of concrete walkways and asphalt driveways. Topographically, the Project Site is generally flat with elevations on-site on the order of approximately 1,061 feet above mean sea level. Access to the Project Site is available from E. Gould Street and E. Davidson Street. Regional access to the Project Site is provided by Interstate 10, approximately 0.4 mile to the south. See Figure 8 – Views of the Project Site. The south, west, and north sides of the Project Site are bounded by City streets (E. Davidson Street, S. Tippecanoe Avenue, and E. Gould Street, respectively). The eastern side of the Project Site is bounded by other residential land uses. Land uses to the west of the Project Site across S. Tippecanoe Avenue include regional-serving commercial uses such as corporate and professional office uses, retail, hotels, and restaurants and associated surface parking lots. There is a vacant, graded pad within the regional-serving commercial area immediately west of the Project Site across S. Tippecanoe Avenue. This vacant graded pad has been entitled for a 7-Eleven convenience market with gas station, and a Starbucks coffeehouse with drive-through lane. Land uses to the north of the Project Site across E. Gould Street include commercial uses to the northwest (west of S. Tippecanoe Avenue) and residential uses to the north and northeast (east of S. Tippecanoe Avenue). Land uses to the south of the Project Site across E. Davidson Street include commercial uses along S. Tippecanoe Avenue and residential uses to the east of the commercial uses. Residential and institutional land uses (i.e., church) are located east of the Project Site. See Figures 9 and 10 – Views of the Surrounding Land Uses. As shown in Figure 11 – Existing Zoning, three of the four parcels that comprise the Project Site are designated Commercial by the General Plan and zoned as Commercial General-1 (1659–1695 S. Tippecanoe Avenue and 1155 E. Gould Street). The remaining parcel is designated Multi-Family Residential and zoned as Residential Medium High (1158 E. Davidson Street). The land uses to the west of the Project Site are designated Commercial by the General Plan and zoned Commercial Regional-3 (Commercial Regional Tri- City/Club). Land uses along the east side of S. Tippecanoe Avenue south of the Project Site are designated 20.j Packet Pg. 609 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -5- City of San Bernardino, California Commercial by the General Plan and zoned Commercial General-1. Land uses north, northeast, east, and southeast of the Project Site are designated Multi-Family Residential by the General Plan and zoned Residential Medium High. Furthermore, the City’s General Plan identifies the Project Site as within the Southeast Strategic Area, which includes the area bounded by the BNSF railroad to the north, Interstate 10 to the south, S. Tippecanoe Avenue to the west, and Mountain View Avenue and the City of Redlands to the east. The General Plan’s Circulation Element classifies S. Tippecanoe Avenue as a Major Arterial, and E. Gould Street and E. Davidson Street as Local Street. S. Tippecanoe Avenue is also identified as a proposed bicycle route in the General Plan. 10. REQUESTED DISCRETIONARY APPROVALS: The Project would require the following discretionary approvals: • General Plan Amendment of Project Site APN 0281-131-28 located at 1158 E. Davidson Street from Multi-Family Residential to Commercial to conform with existing designation of the remainder of the site and facilitate Project development; • Development Code/Zoning Map Amendment of Project Site APN 0281-131-28 located at 1158 E. Davidson Street from Residential Medium High to Commercial General-1 to conform with existing zoning of the remainder of the site and facilitate Project development; • Conditional Use Permit and Lot Merger for the proposed Project; • Approval of the Project and the Initial Study/Mitigated Negative Declaration; and • Other discretionary and ministerial permits and approvals that may be deemed necessary, including, but not limited to, grading permits, foundation permits, development permits, and sign permits in order to execute and implement the Project. 11. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (E.G., PERMITS, FINANCIAL APPROVAL, OR PARTICIPATION AGREEMENT): • Santa Ana Regional Water Quality Control Board • San Bernardino County Fire Department 12. HAVE CALIFORNIA NATIVE AMERICAN TRIBES TRADITIONALLY & CULTURALLY AFFILIATED WITH THE PROJECT AREA REQUEST CONSULTATION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.3.1? IF SO, HAS CONSULTATION BEGUN? Outreach to California Native American tribes traditionally and culturally affiliated with the Project area began on June 6, 2018, with the distribution of notification letters to tribes. No tribes formally requested consultation during the 30-day notification window; however, San Manuel Band of Mission Indians requested additional Project information from the City on July 3, 2018, and also requested that their tribe be considered a consulting party under CEQA in the interim while the additional Project information is reviewed. Remainder of Page Intentionally Blank 20.j Packet Pg. 610 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) COLE AVENUESource: GoogleEarth, March 2018. Figure 1 Regional and Project Vicinity Location Map PROJECT LOCATION PROJECT LOCATION 20.j Packet Pg. 611 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) S. Tippecanoe AvenueE. Gould Street E. Brier Drive E. Davidson Street E. Coulston Street E. Hospitality Lane Figure 2 Aerial Photograph of Project Site PROJECT LOCATION Hardt Street Structures were demolished in 2017. Source: GoogleEarth, March 2018. LEGEND 20.j Packet Pg. 612 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Source: RNC Consulting, March 2018. Figure 3 Site Plan Date: 3/08/2018 FAST 5 XPRESS CAR WASH PROPOSED C.U.P. SIGN PLAN 1659 S. TIPPECANOE AVE., CITY OF SAN BERNARDINO, CA 92408 SHEET 1 OF 1 PROJECTSITE20.j Packet Pg. 613 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Source: Kevin L. Crook Architect, Inc., February 2018. Figure 4 Floor Plan SOLAR ZONE AREAAREA TABULATION FLOOR PLAN Kevin L. Crook Inc ROOF PLAN 20.jPacket Pg. 614Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Source: Kevin L. Crook Architect, Inc., February 2018. Figure 5 Elevations WEST EAST 20.jPacket Pg. 615Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 6 Landscape Plan Source: SMP Environmental Design, March 2018.20.jPacket Pg. 616Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 7 Preliminary WQMP Site Plan Source: RNC Consulting, February 2018. FAST 5 XPRESS CAR WASH 1659 S. TIPPECANOE AVENUE CITY OF SAN BERNARDINO Plan Date: 02/23/2018 PRELIMINARY PROJECT 20.jPacket Pg. 617Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 8 Views of the Project Site View 1: View looking northeast from S. Tippecanoe Avenue median near southwest corner of Project Site. View 3: View looking south at single-family residence fronting E. Gould Street in the northeast area of the Project Site. PHOTO LOCATION MAP PROJECT SITE View 2: View looking southeast from intersection of S. Tippecanoe Avenue and E. Gould Street to north- west corner of Project Site. 1 MELROSE AVENUE View 4: View looking north at single-family residence fronting E. Davidson Street in the southeast area of the Project Site. E. Gould Street S. Tippecanoe Avenue4 3 2 E. Davidson Street Source: EcoTierra Consulting, March 2018. 20.j Packet Pg. 618 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 9 Views of Surrounding Land Uses View 1: View looking southeast from intersection of S. Tippecanoe Avenue and E. Davidson Street toward commercial and residential uses south of the Project Site. View 3: View looking north from E. Davidson Street toward residential use to east of Project Site. PHOTO LOCATION MAP PROJECT SITE View 2: View looking south from E. Davidson Street toward residential uses south of the Project Site. 1 MELROSE AVENUE View 4: View looking southwest from S. Tippecanoe Avenue toward commercial uses to the southwest of the Project Site. E. Gould Street S. Tippecanoe Avenue4 3 2 E. Davidson Street Source: EcoTierra Consulting, March 2018. 20.j Packet Pg. 619 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 10 Views of Surrounding Land Uses View 5: View looking southwest from intersection of S. Tippecanoe Avenue and E. Gould Street/E. Brier Drive toward vacant lot and commercial uses to the west of the Project Site. View 7: View looking northwest from intersection of S. Tippecanoe Avenue and E. Gould Street/E. Brier Drive toward commercial use to the northwest of the Project Site. PHOTO LOCATION MAP PROJECT SITE View 6: View looking northwest from E. Gould Street toward residential uses to the north of the Project Site. 5 View 8: View looking southeast from E. Gould Street toward residential uses to the east of the Project Site. E. Gould Street S. Tippecanoe Avenue6 8 7 E. Davidson Street Source: EcoTierra Consulting, March 2018. 20.j Packet Pg. 620 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Source: City of San Bernardino, March 2018. Figure 11 Existing Zoning CITY OF HIGHLAND CITY OF REDLANDS CITY OF COLTON CITY OF RIALTO CITY OF FONTANA County Area County Area County Area County Area County Area County Area Bloomington County Area County Area County Area San B e r n a r di n o I nt e r n ati o n al Ai r p o rt CITY OFHIGHLAND CITY OF REDLANDS County Area §¨¦215 §¨¦215 §¨¦10 §¨¦10 £¤189£¤138 £¤210 £¤18 £¤18 £¤259 £¤210 £¤330 3RD 16TH IRVI N G T O N PARKDALE 39TH MIRAMONTEMOUNTAINCENTRALCOMMERCIALDUFFYSEPULVEDACALIFORNIAMOUNTAIN VIEWORANGEPUMALO MACYDATE WIE R PUMALOEHARRISONH28TH ARROWHEAD 28TH MARSH ALL EUCALYPTUSMERIDIANMAGNOLIAE D GE H I L L MERIDIAN16TH BEL M O N T OHI O GILBERT DARBY GOLDEN10TH 36TH 34TH MASSACHUSETTSLMOUNTAINVIEW13TH MOUNTAIN VIEWKLICRESTVIEW13TH 21ST 16TH W A BASH WINDSOR6TH HHUFF DHARRISONM EYERS MEYERS PALM4TH 21ST 20TH 10TH ORANGEUNNAMEDMOUNTAINHCLUB C E N T E R VANDERBILT OHIO 6TH RIVERVIEW DEVILSCANYONLEVEE PACIFIC S T BASELINE R D DELROSADR27TH S T GOLDEN AVE BASELINE ST H STFA I R W A Y D R HIGHLANDAVE LYNWOOD D RLITTLEMOUNTAINDR MEDICALCENTERDRLITTLE LEAGUE DR 48TH S T MOUNTAIN DR PIEDMONTDR 30TH ST COULSTON STPEPPERAVEDSTMARSHALL B L V D PALM AVEUNIVERSITYPK W YMT VERNON AVEINLANDCENTERDRISTSTERLING AVEELECTRICAVEVICTORIAAVEGSTBARTON R D 2ND S T RANCHO AVE 5TH S T H O S P ITA LITY LN ORANGE SHOWRD 21ST S T ARDENAVEC A J O N B L V D 9TH S T LENAAVEFOOTHILLBLVD FOOTHILLDRPALM AVESIERRA WAYMOUNTAIN VIEW AVEARROWHEAD AVE 6TH S T DEL ROSAAVE 40TH S T TIPPECANOE AVEEST4TH STPINEAVE WATERMAN AVE N O R T H PA R K B LV D AUTOPLAZADRRIALTO AVESTATE ST MILL S T KE N D A L L D R UNNAMEDACRD REDLANDS B L V D 3RD ST PIEDMONTAVECAMPUS CIRLENARDBRIER D R FRONTAGE RD CENTRAL A V E IND USTRI ALPKW YCOLTONA VECITRUS S T CALIFORNIASTTIPPECANOEAVEAYALADRFAIRWAY DR SAN B E R N A R D I N O A V E PALMAVEMERRILLAVE LANKERSHIM AVEBROOKSIDEAVEC A J O N B L V D M T VERNO N AVEANDERSO NSTHUNTS LN MILLST STERLING AVESYCAMORE AVE PACIFIC S T 9TH ST WILLOW AVERANCHOA V EREDLANDSBLVD FOOTHILL BLVD LUGONIA AVE CITRUS A V ESTATE STDEL ROSA DR HIGHLAND AVETENNESSEE ST BASELINE S T JURUPAAVE RIALTO AVE LACADENADRWA S HINGTON STBLOOMINGTON AVEWABASHAVEVICTORIAAVEG R EENSPOT RD EASTONST CEDAR AVE RIVERSIDE AVE ALABAMA ST BASELINE R D VALLEY B L V D ORANGE STMOUNTAIN VIEWAVEPEPPERAVERIVERSIDE AVE BARTON RDWATERMANAVE B O U L D E R A V EUNIVERSITY PKWY 3RD S T 5TH ST AGUAMANSARD SLOVER AVE HIGHLAND A V E SAN B E R N A R D I N O A V E Calmat/CajonCalmat/Cajon Creek(SPCreek(SP 90-01)90-01) UniversityUniversity DistrictDistrict (SP 05-02) (SP 05-02) Paseo Las Paseo Las PlacitasPlacitas (SP 92-01) (SP 92-01) ArrowheadArrowhead Springs(SP 05-01) Springs(SP 05-01) AllianceAlliance CaliforniaCalifornia (SP 95-01) (SP 95-01) AllianceAlliance California(SPCalifornia(SP 95-01)95-01) University Hills University Hills (SP 07-01) (SP 07-01) UniversityUniversity Business Park Business Park (SP 92-01) (SP 92-01) SpringSpringTrails(SPTrails(SP10-01)10-01)City ofSan B er nardino O O F F I C I A L Z O N I N G M A P F Sphere of Influence £¤18 UniversityHills(SP 07-01) §¨¦215 §¨¦215 §¨¦10 §¨¦10 §¨¦15 £¤210 £¤189 £¤259 £¤330 £¤210 Specific Plan Legend Sphere of Influence Specific Plan Districts Alliance California Arrowhead Springs Calmat/Cajon Creek Paseo Las Placitas University Business Park University Hills University District (outline only) City Limits & Specific Plan Key Map !Ò Official Zoning Legend RESIDENTIAL RE=Residential Estate (1 du/ac) RL=Residential Low (3.1 du/ac) RL-3.5=Residential Low (3.5 du/ac) RS=Residential Suburban (4.6 du/ac) RU=Residential Urban (9 du/ac) RM=Residential Medium (14 du/ac) RMH-20=Residential Medium High (20 du/ac) RSH=Residential Student Housing (20 du/ac) RMH=Residential Medium High (24 du/ac) RH=Residential High (36 du/ac) COMMERCIAL CO = Commercial Office CG-1 = Commercial General CG-2 = Commercial General - Baseline/Mt. Vernon CG-3 = Commercial General-University Village CCS-1 = Central City South-1 CCS-2 = Central City South -2 CR-1 = Commercial Regional - Malls CR-2 = Commercial Regional - Downtown CR-3 = Commercial Regional - Try City/Club CR-4 = Commercial Regional - Auto Plaza CH = Commercial Heavy INDUSTRIAL OIP = Office Industrial Park (1.0 F.A.R.) IL = Industrial Light (0.75 F.A.R.) IH = Industrial Heavy (0.75 F.A.R.) IE = Industrual Extractive (0.05 F.A.R.) PUBLIC/QUASI-PUBLIC PFC = Flood Control CCS-3=Central City South-3 PF = Public Facility RR = Railroad OPEN SPACE OS = Open Space PP = Public Park PCR = Public/Commercial Recreation SPECIFIC PLAN DISTRICTS Alliance California Arrowhead Springs Calmat/Cajon Creek Paseo Las Placitas University Business Park University Hills University District (outline only) OVERLAYS (See NOTE) !Ò Foothill Fire Zone/Hillside Overlays Main Street Overlay Transit District Boundaries San Bernardino City Limits Others City/County Boundary Railroad Airport Runways Scale: 0 0.5 1 1.50.25 Miles Printing Date:Date: 10/13/2016 Prepared By: Matt Torrence, IT Department File: I:\_MXDs\Zoning\OfficialMaps-DO NOT DELETE\OfficialZoningMap_11x17.mxd Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet Note: For Airport and Freeway Corridor Overlays, refer to SanBernardinoDevelopment Code Chapters 19.12 and 19.14, respectively. PROJECT LOCATION Zoning Legend 20.j Packet Pg. 621 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.j Packet Pg. 622 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -18- City of San Bernardino, California 14. EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 20.j Packet Pg. 623 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -19- City of San Bernardino, California Potentially Significant Potentially Significant Unless Mit. Less than Significant No Impact 1. 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 building 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. Projects can have adverse effects on scenic vistas directly through the removal of the vista or elements of the vista, or indirectly through the interference with the views of the vista. The Project Site consists of previously disturbed parcels where two previous structures fronting S. Tippecanoe Avenue were demolished in 2017, vacant graded land, and two existing single-family residences and associated structures (i.e., sheds and detached garage). No scenic vistas are located on the Site (see Figure 2 – Aerial Photograph of Project Site). The City of San Bernardino General Plan identifies “Kendall Hills, San Bernardino Mountains, the hillsides adjacent to Arrowhead Springs, Lytle Creek Wash, East Twin Creeks Wash, the Santa Ana River, Badger Canyon, Bailey Canyon, and Waterman Canyon” as areas that could benefit from sensitive treatment of the land within the City.1 The Project is not located within any of these areas identified by the General Plan. Distant and obstructed views of the San Bernardino Mountains are possible from S. Tippecanoe Avenue; however, no identified scenic vistas or quality public viewpoints of the mountains exist in the vicinity of the Site (see Figures 8 through 10). The proposed one-story car wash structure would be generally similar in height to the Project Site’s previous and existing developments. Given that no identified scenic vistas or quality public viewpoints of the mountains are viewable from the Project Site and the height of the proposed car wash would be similar to previous and existing uses, implementation of the Project would not be expected to cause any substantial effects on any important scenic vistas. Impact would be less than significant and no mitigation measures are required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project Site does not contain any scenic resources, including, but not limited to scenic trees, rock outcroppings, or historic buildings within a State scenic highway corridor. The Project Site consists of mostly vacant graded land and two single-family residences and associated structures (i.e., sheds and detached garage). The Project Site is primarily exposed soil and minor amounts of pavement with scattered weeds and landscape vegetation/trees (see Figure 2). This vegetation is not considered to be a valuable scenic resource, and no rock outcroppings or historic buildings exist on the site that could be considered a 1 City of San Bernardino, General Plan, Chapter 12: Natural Resources and Conservation, November 1, 2005, page 12- 22. 20.j Packet Pg. 624 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -20- City of San Bernardino, California scenic resource. The nearest designated State scenic highway is State Route 38, located approximately 25 miles to the northeast within the San Bernardino Mountains; and the nearest eligible State scenic highway is State Route 210, located approximately 3.5 miles to the east.2 Consequently, no damage to a scenic resource within a State scenic highway would occur. The Project would result in no impact in this regard and no mitigation measures are required. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The Project Site consists of mostly vacant graded land and two single-family residences and associated structures (i.e., sheds and detached garage). The vacant portion of the site is primarily exposed soil and minor amounts of pavement with scattered weeds and landscape vegetation/trees. By redeveloping the Project Site, the visual character of the site would be enhanced compared to the existing condition and better utilize the site with a land use consistent with development along an arterial roadway. Additionally, land uses to the west of the Project Site across S. Tippecanoe Avenue include regional-serving commercial uses such as corporate and professional office uses, retail, hotels, and restaurants and associated surface parking lots. There is a vacant, graded pad within the regional-serving commercial area immediately west of the Project Site across S. Tippecanoe Avenue. This vacant, graded pad has been entitled for a 7-Eleven convenience market with gas station, and a Starbucks coffeehouse with drive-through lane. Land uses to the northwest and south also include commercial uses generally concentrated along S. Tippecanoe Avenue. The Project’s design would incorporate design elements determined by the SBMC to be desirable for commercial structures including, wall articulation, a multi-planed roof, roof overhang, articulated mass and bulk, prominent access driveways, and a comprehensive sign program.3 Thus, the Project would not degrade the visual character or quality of the surrounding properties. Potential visual impacts that would occur as a result of Project implementation would be less than significant and no mitigation measures are required. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Unless Mitigated. Existing sources of light in the Project area include streetlights, headlights and lighting from adjacent roadways, and lighting from adjacent commercial and residential uses. The new car wash would require lighting, both exterior and interior that would be present 24 hours a day, 7 days a week once the Project is in operation. Business identification monument signs would be located at the northwest and southwest corners of the Project Site facing S. Tippecanoe Avenue; approximately four-foot tall LED internally-illuminated custom aluminum fabricated directional signs would be located at both access driveways; and approximately two-foot tall LED illuminated front-lit channel letter sign reading “car wash” and five-and-a-half-foot directional sign would be located at the entrance to the two self-service lanes in the northern portion of the Project Site. An approximately six-and-a-half-foot tall liability disclosures sign and car wash service menu options sign would be located along the self-service lanes. Consistent with the SBMC,4 the design of the signage for the site considered placement, scale in relationship with the building, and sign readability. The signs would also be highly compatible with the building and site design relative to color, material, and placement. Signs would not remain illuminated after business hours and would, therefore, not be seen after 7:00 PM during the winter season or 8:00 PM during 2 California Department of Transportation, Scenic Highway Mapping System, San Diego County Map, website: http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/sberna.htm, accessed: May 2018. 3 City of San Bernardino, General Plan, Chapter 19.06, Guidelines G19.06.050: Commercial Design Guidelines, Section 3: General Design Principals, Subsection A. Desirable Elements of Project Design, rev. March 2018. 4 ibid., Section 12: Signs. 20.j Packet Pg. 625 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -21- City of San Bernardino, California the rest of the year. The Project would also include outdoor security lighting, which would introduce a new source of light in the Project area compared to the existing uses. However, as required by the SBMC, security lighting would be adequate, but not overly bright and would be shielded to confine light spread to within the Project Site boundaries, avoiding light trespass onto adjacent land uses. Further, this lighting would be comparable to and consistent with lighting from surrounding commercial uses and would be largely directed toward the west, away from residential use. Exterior materials proposed for the Project would include simulated stucco metal panels, which are a white metal panel with a slight texture and would not have the potential to create glare; however, a large wall of glass would be located prominently in the center of the west elevation. Accordingly, mitigation measure MM AES 1 would be required to reduce potential glare impacts from glass to ensure impacts would be less than significant. With implementation of this mitigation measure, potential light and glare impacts associated with the proposed Project will be reduced to a less than significant level. Mitigation Measure MM AES 1 Glass used in building facades shall be low emissivity or treated with a low emissivity coating in order to minimize glare (e.g., minimize the use of glass with mirror coatings). Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 2. AGRICULTURE & FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on 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 Production (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? 20.j Packet Pg. 626 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -22- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 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. The State Farmland Mapping and Monitoring Program identifies the Project Site and surrounding area as “Urban and Built-up Land.”5 Thus, the Project would not result in conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses. Therefore, no impact would occur and no mitigation measures are required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project Site is located within a developed urban setting and zoned for Commercial General-1 (1659-1695 S. Tippecanoe Avenue and 1155 E. Gould Street) and Residential Medium High (1158 E. Davidson Street). Thus, the Project Site is not currently zoned for agricultural use. Moreover, neither the Project Site nor surrounding area are subject to a Williamson Act contract.6 Therefore, implementation of the Project would not result in any conflicts with existing zoning for agricultural use or a Williamson Act contract. No impacts would occur and no mitigation measures are required. 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 Production (as defined by Government Code section 51104(g))? No Impact. The Project Site is located within a developed urban setting and zoned for Commercial General-1 (1659-1695 S. Tippecanoe Avenue and 1155 E. Gould Street) and Residential Medium High (1158 E. Davidson Street). The surrounding area is zoned for commercial and residential uses. Neither the Project Site nor surrounding area are zoned for forest land, timberland, or Timberland Production. Therefore, implementation of the Project would not result in any conflicts with existing zoning for forest land or timberland. No impacts would occur and no mitigation measures are required. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project Site is located within a developed urban setting. No forest land occurs at the Project Site or in the surrounding area. Therefore, no impact would occur and no mitigation measures are required. 5 State of California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program, San Bernardino County Important Farmland 2016 Map, published August 2017, website: ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2016/sbd16_so.pdf, accessed May 2018. 6 State of California Department of Conservation, Division of Land Resource Protection, Conservation Program Support, San Bernardino County Williamson Act FY 2015/2016, published 2016, website: ftp://ftp.consrv.ca.gov/pub/dlrp/wa/SanBernardino_so_15_16_WA.pdf, accessed: May 2018. 20.j Packet Pg. 627 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -23- City of San Bernardino, California 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. As previously stated, the Project Site and vicinity are not zoned for, designated as, or used as agricultural land, timberland, or forest land. Thus, implementation of this Project would not result in changes in the environment that would result in the conversion of farmland to non-agricultural use or forest land to a non-forest use. Therefore, no impact would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 3. AIR QUALITY. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate an air quality standard or contribute 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 the 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? The following information utilized in this section of the Initial Study is based, in part, on the Fast5Xpress Car Wash Air Quality Technical Memorandum (“AQ Report”) prepared for the Project by Kunzman Associates, Inc., on March 26, 2018, which is hereby incorporated by reference. This document is provided as Appendix A to this IS/MND. a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. A significant air quality impact may occur if a project is not consistent with the applicable Air Quality Management Plan (“AQMP”), or would in some way represent a substantial hindrance to employing the policies, or obtaining the goals, of the AQMP. The South Coast Air Quality Management District (“SCAQMD”) is the agency principally responsible for comprehensive air pollution control in the South Coast Air Basin (“Basin”). To that end, SCAQMD, as a regional agency, works directly with the Southern California Association of Governments (“SCAG”), county transportation commissions, and local governments, and cooperates actively with all State and federal government agencies. SCAQMD develops rules and regulations, establishes permitting requirements, inspects emissions sources, and provides regulatory enforcement through such measures as educational programs or fines, when necessary. SCAQMD is directly responsible for reducing emissions from stationary (area and point), mobile, and indirect sources to meet federal and State ambient air quality standards. It has responded to this requirement by preparing a series of AQMPs. The most recent of these was adopted by the Governing Board of SCAQMD on March 3, 2017. This AQMP, referred to as the 2016 AQMP, was prepared to comply with the federal and 20.j Packet Pg. 628 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -24- City of San Bernardino, California State Clean Air Acts and amendments, to accommodate growth, to reduce the high levels of pollutants in the Basin, to meet federal and State air quality standards, and to minimize the fiscal impact that pollution control measures have on the local economy. The 2016 AQMP identifies the control measures that will be implemented over a 15-year horizon to reduce major sources of pollutants. Implementation of control measures established in the previous AQMPs has substantially decreased the population’s exposure to unhealthful levels of pollutants, even while substantial population growth has occurred within the Basin. The future air quality levels projected in the 2016 AQMP are based on several assumptions. For example, SCAQMD assumes that new development within the Basin will occur in accordance with population growth and transportation projections identified by SCAG in its most current version of the Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS”), which was adopted April 7, 2016. The 2016 AQMP also assumes that development projects will include strategies to reduce emissions generated during construction and operation in accordance with SCAQMD and local jurisdiction regulations, which are designed to address air quality impacts and pollution control measures. The SCAQMD CEQA Handbook states that “New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP.” Strict consistency with all aspects of the AQMP is usually not required. A proposed project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: 1. Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. 2. Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase. Both of these criteria are evaluated below. Criterion 1 – Increase in the Frequency or Severity of Violations Based on the air quality modeling analysis contained in this Air Quality section from the AQ Report, the short-term construction impacts will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. In addition, long-term operations impacts will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. Therefore, the Project is not anticipated to contribute to the exceedance of any air pollutant concentration standards and is found to be consistent with the AQMP for the first criterion. Criterion 2 – Exceed Assumptions in the AQMP Consistency with the AQMP assumptions is determined by performing an analysis of the Project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the Project are based on the same forecasts as the AQMP. SCAG’s 2016-2040 RTP/SCS includes chapters on the challenges in a changing region, creating a plan for our future, and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and State requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. For this Project, the City’s General Plan defines the assumptions that are represented in the AQMP. 20.j Packet Pg. 629 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -25- City of San Bernardino, California Three of the four parcels that comprise the Project Site are currently designated Commercial by the General Plan and zoned as Commercial General-1 (1659-1695 S. Tippecanoe Avenue and 1155 E. Gould Street). The remaining parcel is currently designated Multi-Family Residential by the General Plan and zoned as Residential Medium High (1158 E. Davidson Street). The Project, which proposes a car wash land use at the Project Site, requires a General Plan Amendment and Development Code/Zoning Map Amendment to re- designate and re-zone the residential parcel to Commercial and Commercial General-1, respectively, to conform with the existing land use designation and zoning of the majority of the Project Site and to facilitate Project development. Re-designating and re-zoning the aforementioned residential parcel would better facilitate the site for commercial land use in a development pattern envisioned by the General Plan along S. Tippecanoe Avenue by providing a uniform and cohesive site for feasible utilization of the existing commercial parcels for an appropriate commercial development. Specifically, as can be seen in Figure 11 – Existing Zoning, re- designating and re-zoning the residential parcel would result in a site that would complement the width of the existing commercial parcel that makes up the northern portion of the site (1155 E. Gould Street) and alleviating the limited development potential of the existing commercial parcels in the southwest of the site (1659 and 1695 S. Tippecanoe Avenue), thereby allowing for a viable commercial development at the site that in consistent with the intent of the General Plan (see threshold question 10.b), below, under Land Use and Planning). Furthermore, re-designating and re-zoning the residential parcel does not automatically make the Project inconsistent with the AQMP’s assumptions, as this proposed change would be negligible to City and regional growth projections and would not exceed SCAG’s projections (see threshold question 13.a), below, under Population & Housing), upon which the AQMP assumptions are based, nor would the Project result in a greater development intensity than anticipated in the General Plan. Therefore, the Project is not anticipated to exceed the regional development assumptions of the AQMP and is found to be consistent with the AQMP for the second criterion. Conclusion Based on the above, the Project would not conflict with the implementation of the AQMP. Therefore, impacts are considered to be less than significant. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. A project may have a significant impact if project-related emissions would exceed federal, State, or regional standards or thresholds, or if project-related emissions would substantially contribute to an existing or projected air quality violation. To address potential impacts from construction and operational activities, SCAQMD currently recommends that impacts from projects with mass daily emissions that exceed any of the thresholds outlined in Table 1 – SCAQMD Thresholds of Significance, be considered significant. The City defers to these thresholds for the evaluation of construction and operational air quality impacts. Table 1 SCAQMD Thresholds of Significance Pollutant Construction Thresholds (lbs/day) Operational Thresholds (lbs/day) Volatile Organic Compounds (VOC) 75 55 Nitrogen Oxides (NO x ) 100 55 Carbon Monoxide (CO) 550 550 20.j Packet Pg. 630 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -26- City of San Bernardino, California Table 1 SCAQMD Thresholds of Significance Pollutant Construction Thresholds (lbs/day) Operational Thresholds (lbs/day) Sulfur Oxides (SO x ) 150 150 Particulate Matter (PM 10 ) 150 150 Fine Particulate Matter (PM 2.5 ) 55 55 lbs = pounds Source: SCAQMD CEQA Handbook, SCAQMD Air Quality Significance Thresholds, Revised March 2015, website: http://aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality- significance-thresholds.pdf?sfvrsn=2, accessed: May 2018. Regional Construction Emissions The Project is anticipated to be constructed in one phase. Construction is anticipated to begin no sooner than April 2019 and be completed in November 2019. Construction activities associated with the proposed Project would be undertaken in five main steps: demolition of existing uses; site grading; Project building construction; site paving; and architectural coating of Project building. Construction activities would temporarily create emissions of dusts, fumes, equipment exhaust, and other air contaminants. The amount of emissions generated on a daily basis would vary, depending on the amount and types of construction activities occurring at the same time. The analysis of daily construction emissions has been prepared utilizing the California Emissions Estimator Model (“CalEEMod,” software version 2016.3.2) recommended by SCAQMD. Due to the construction timeframe and the normal day-to-day variability in construction activities, it is difficult, if not impossible, to precisely quantify the daily emissions associated with each phase of the proposed construction activities. Nonetheless, Table 2 – Construction-Related Regional Pollutant Emissions, identifies daily emissions that are estimated to occur on peak construction days for each construction phase. Table 2 Construction-Related Regional Pollutant Emissions Activity Pollutant Emissions (pounds per day) VOC NO x CO SO 2 PM 10 a PM 2.5 a Demolition On-Site 2.30 22.68 14.89 0.02 1.38 1.22 Off-Site 0.08 0.34 0.69 0.00 0.17 0.05 Total 2.38 23.02 15.58 0.03 1.54 1.26 Grading On-Site 1.42 16.04 6.61 0.01 2.69 1.67 Off-Site 0.05 0.03 0.40 0.00 0.09 0.02 Total 1.47 16.07 7.01 0.02 2.78 1.69 Building Construction On-Site 2.27 15.98 13.49 0.02 0.92 0.88 Off-Site 0.13 0.88 1.06 0.00 0.25 0.07 Total 2.41 16.86 14.55 0.03 1.17 0.96 Paving On-Site 1.16 9.17 8.90 0.01 0.52 0.48 Off-Site 0.08 0.05 0.65 0.00 0.15 0.04 Total 1.24 9.23 9.55 0.02 0.67 0.52 20.j Packet Pg. 631 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -27- City of San Bernardino, California Table 2 Construction-Related Regional Pollutant Emissions Activity Pollutant Emissions (pounds per day) VOC NO x CO SO 2 PM 10 a PM 2.5 a Architectural Coating On-Site 9.03 1.84 1.84 0.00 0.13 0.13 Off-Site 0.02 0.02 0.20 0.00 0.05 0.01 Total 9.05 1.85 2.04 0.00 0.17 0.14 Total of overlapping phases b 12.69 27.94 26.14 0.04 2.01 1.62 SCAQMD Thresholds 75 100 550 150 150 55 Exceeds Thresholds? No No No No No No Note: “On-Site” refers to emissions from equipment operated on-site that is not operated on public roads. “Off-Site” refers to emissions from equipment operated on public roads. CalEEMod output is available in Appendix B to the AQ Report, which is included as Appendix A to this IS/MND. a Calculations for demolition and grading assume compliance with SCAQMD Rule 403 – Fugitive Dust. b Construction, paving, and architectural coating phases may overlap. Source: Kunzman Associates, March 2018. These calculations assume that appropriate dust control measures would be implemented as part of the Project during each phase of development, as required by SCAQMD Rule 403 – Fugitive Dust. Specifically, Rule 403 control requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes (up to two times per day), applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, and maintaining effective cover over exposed areas. As shown in Table 2, above, construction-related daily emissions associated with the Project would not exceed any regional SCAQMD significance thresholds for criteria pollutants during the construction phases. Therefore, regional construction impacts are considered to be less than significant and no mitigation measures are required. Regional Operational Emissions The Project involves the construction and operation of a car wash land use. The operating emissions were based on the year 2019, which is the anticipated opening year for the Project. Operational emissions generated by mobile sources (i.e., additional vehicle miles generated from the Project as based on the Project’s Traffic Report), area sources (i.e., emissions from hearths, consumer products, landscape equipment, etc.), and energy usage (i.e., emissions from generation of electricity and natural gas used on site) would result from normal day-to-day activities of the Project. The analysis of daily operational emissions associated with the Project has been prepared utilizing CalEEMod (software version 2016.3.2) recommended by SCAQMD. The worst-case summer or winter emissions generated by the Project’s long- term operations are summarized in Table 3 – Operational Regional Pollutant Emissions. 20.j Packet Pg. 632 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -28- City of San Bernardino, California Table 3 Operational Regional Pollutant Emissions Activity Pollutant Emissions (pounds per day) ROGs NO x CO SO 2 PM 10 PM 2.5 Area Sources 0.14 0.00 0.01 0.00 0.00 0.00 Energy Usage 0.01 0.05 0.04 0.00 0.00 0.00 Mobile Sources 2.68 14.61 20.45 0.06 3.75 1.04 Total Emissions 0.40 11.31 10.01 0.03 0.67 1.05 SCAQMD Thresholds 55.00 55.00 550.00 150.00 150.00 55.00 Exceeds Thresholds? No No No No No No Note: CalEEMod output is available in Appendix B to the AQ Report, which is included as Appendix A to this IS/MND. Source: Kunzman Associates, March 2018. As shown in Table 3, above, the net increase in operational emissions generated by the Project would not exceed the regional thresholds of significance set by SCAQMD. Therefore, impacts associated with regional operational emissions from the Project would be less than significant and no mitigation measures are required. 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. A significant impact may occur if a project would add a considerable cumulative contribution to federal or State non-attainment pollutant. Measurements of ambient concentrations of the criteria pollutants are used by the U.S. EPA and the California Air Resources Board (“CARB”) to assess and classify the air quality of each air basin, county, or, in some cases, a specific urbanized area. The classification is determined by comparing actual monitoring data with national and State standards. If a pollutant concentration in an area is lower than the standard, the area is classified as being in “attainment.” If the pollutant exceeds the standard, the area is classified as a “non-attainment” area. If there is not enough data available to determine whether the standard is exceeded in an area, the area is designated “unclassified.” Attainment status of the Basin with regard to the national ambient air quality standards (“NAAQS”) and California ambient air quality standards (“CAAQS”) are shown in Table 4 – Attainment Status for the South Coast Air Basin. As shown, the Basin is in non-attainment for ozone, PM 10 and PM 2.5 . Table 4 Attainment Status for the South Coast Air Basin Pollutant Attainment Status NAAQS CAAQS Ozone (1-Hour) Non-Attainment (Extreme) Non-Attainment Ozone (8-Hour) Pending – Expect Non-Attainment (Extreme) Non-Attainment Carbon Monoxide (1- & 8-hour) Attainment (Maintenance) Attainment Nitrogen Dioxide (1-Hour) Unclassifiable/Attainment Attainment Nitrogen Dioxide (Annual) Attainment (Maintenance) Attainment Sulfur Dioxide (1-Hour) Designations Pending (expect Unclassified/Attainment) Attainment Sulfur Dioxide (24-Hour & Annual) Unclassified/Attainment Attainment 20.j Packet Pg. 633 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -29- City of San Bernardino, California Table 4 Attainment Status for the South Coast Air Basin Pollutant Attainment Status NAAQS CAAQS PM 10 (24-Hour) Attainment (Maintenance) Non-Attainment PM 10 (Annual) N/A Non-Attainment PM 2.5 (24-Hour) Non-Attainment (Serious) N/A PM 2.5 (Annual) Non-Attainment (Moderate) Non-Attainment Lead Non-Attainment (Partial) Attainment NAAQS = national ambient air quality standards; CAAQS = California ambient air quality standards Source: SCAQMD, NAAQA and CAAQS Attainment Status for South Coast Air Basin, website: http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/naaqs-caaqs- feb2016.pdf?sfvrsn=2, accessed: May 2018. Because the Basin is currently in non-attainment for ozone, PM 10 and PM 2.5 , related projects may exceed an air quality standard or contribute to an existing or projected air quality exceedance. With respect to determining the significance of the Project contribution, SCAQMD neither recommends quantified analyses of construction and/or operational emissions from multiple development projects nor provides methodologies or thresholds of significance to be used to assess the cumulative emissions generated by multiple cumulative projects. Instead, SCAQMD recommends that a project’s potential contribution to cumulative impacts be assessed utilizing the same significance criteria as those for project specific impacts. Furthermore, SCAQMD states that if an individual development project generates less-than-significant construction or operational emissions impacts, then the development project would not contribute to a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non- attainment. As discussed above, the mass daily construction and operational emissions generated by the Project would not exceed any of the thresholds of significance recommended by SCAQMD. In addition, as discussed above, the Project is considered to be consistent with the AQMP. Moreover, as discussed below, localized emissions generated by the Project would not exceed the SCAQMD’s Localized Significance Thresholds (“LSTs”). Thus, the Project would not contribute a cumulatively considerable increase in emissions for the pollutants which the Basin is in non-attainment. Therefore, cumulative air quality impacts associated with the Project would be less than significant and no mitigation measures are required. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. A significant impact may occur if a project were to generate pollutant concentrations to a degree that would significantly affect sensitive receptors. Land uses that are considered more sensitive to changes in air quality than others are referred to as sensitive receptors. Land uses such as primary and secondary schools, hospitals, and convalescent homes are considered to be sensitive to poor air quality because the very young, the old, and the infirm are more susceptible to respiratory infections and other air quality-related health problems than the general public. Residential uses are considered sensitive because people in residential areas are often at home for extended periods of time, so they could be exposed to pollutants for extended periods. Recreational areas are considered moderately sensitive to poor air quality because vigorous exercise associated with recreation places a high demand on the human respiratory function. The nearest sensitive receptors to the Project Site are the existing off-site single-family residences located adjacent to the eastern property line. 20.j Packet Pg. 634 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -30- City of San Bernardino, California Localized Emissions Emissions from construction activities have the potential to generate localized emissions that may expose sensitive receptors to harmful pollutant concentrations. SCAQMD has developed LST look-up tables for project sites that are one, two, and five acres in size to simplify the evaluation of localized emissions at small sites. LSTs are provided for each Source Receptor Area (“SRA”) and various distances from the source of emissions. In the case of this analysis, the Project Site is located within SRA 34 covering the Central San Bernardino Valley area. The nearest sensitive receptors to the Project Site are residential uses within 25 meters (82 feet). The closest receptor distance in the SCAQMD’s mass rate look-up tables is 25 meters. Projects that are located closer than 25 meters to the nearest receptor are directed to use the LSTs for receptors located within 25 meters. As mentioned previously, the Project Site is approximately 1.41 acres in size. Therefore, consistent with SCAQMD recommendations, the LSTs for a two-acre site in SRA 34 with receptors located within 25 meters have been used to address the potential localized NO X , CO, PM 10 , and PM 2.5 emissions to the area surrounding the Project Site. Table 5 – Maximum Number of Acres Disturbed Per Day, shows the estimated daily site disturbance per construction phase; and Table 6 – Local Construction Emissions at the Nearest Receptor, shows the estimated localized peak daily construction emissions at the nearest sensitive receptors. Table 5 Maximum Number of Acres Disturbed Per Day Activity Equipment Number Acres/8hr-day Total Acres Demolition Rubber Tired Dozers 1 0.5 0.5 Tractors/Loaders/Backhoes 3 0.5 1.5 Total - - 2 Grading Graders 1 0.5 0.5 Rubber Tired Dozers 1 0.5 0.5 Tractors/Loaders/Backhoes 1 0.5 0.5 Total 1.5 Source: Kunzman Associates, March 2018. Table 6 Local Construction Emissions at the Nearest Receptor Construction Phase Total On-site Emissions (Pounds per Day) NO x CO PM 10 PM 2.5 Demolition 22.68 14.89 1.38 1.22 Grading 16.04 6.61 2.69 1.67 Building Construction 15.98 13.49 0.92 0.88 Paving 9.17 8.90 0.52 0.48 Architectural Coating 1.84 1.84 0.13 0.13 SCAQMD Localized Thresholds 170 972 7 4 Exceed Thresholds? No No No No Note: The Project Site is 1.41 acres. Consistent with SCAQMD recommendations, the localized thresholds for all phases are based on a two-acre site with a receptor distance of 25 meters (82 feet) in SCAQMD’s SRA 34. CalEEMod output is available in Appendix B to the AQ Report, which is included as Appendix A to this IS/MND. Source: Kunzman Associates, March 2018. As shown in Table 6, above, none of the analyzed criteria pollutants would exceed the calculated local 20.j Packet Pg. 635 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -31- City of San Bernardino, California emissions thresholds at the nearest sensitive receptors. Therefore, localized air quality impacts from Project construction activities on the off-site sensitive receptors would be less than significant and no mitigation measures are required. Project-related air emissions from on-site sources such as architectural coatings, landscaping equipment, on-site usage of natural gas appliances as well as the operation of vehicles on-site may have the potential to exceed the State and federal air quality standards in the Project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Basin. Accordingly, localized operational emissions were also analyzed per SCAQMD’s LST methodology as a screening analysis to determine whether more extensive dispersion modeling is required. Table 7—Local Operational Emissions at the Nearest Receptor, shows the on-site emissions from the CalEEMod model that includes natural gas usage, landscape maintenance equipment, and vehicles operating on-site and the calculated emissions thresholds. Table 7 Local Operational Emissions at the Nearest Receptor On-Site Emission Source On-Site Pollutant Emissions (pounds per day) NO x CO PM 10 PM 2.5 Area Sources a 0.00 0.01 0.00 0.00 Energy Usage b 0.05 0.04 0.00 0.00 On-Site Vehicle Emissions c 0.73 1.02 0.19 0.05 Total Emissions 0.78 1.07 0.19 0.06 SCAQMD Thresholds 170 972 2 1 Exceeds Thresholds? No No No No Note: The Project Site is 1.41 acres. Consistent with SCAQMD recommendations, the localized thresholds are based on a two-acre site with a receptor distance of 25 meters (82 feet) in SCAQMD’s SRA 34. CalEEMod output is available in Appendix B to the AQ Report, which is included as Appendix A to this IS/MND. a Area sources consist of emissions from consumer products, architectural coatings, and landscape equipment. b Energy usage consists of emissions from generation of electricity and on-site natural gas usage. c On-site vehicle emissions based on 1/20 of the gross vehicular emissions and road dust. Source: Kunzman Associates, March 2018. As shown in Table 7, above, the ongoing operation of the Project would not exceed the local pollutant thresholds. Therefore, the on-going operations of the Project would result in a less than significant operations-related impact to local air quality due to on-site emissions and no mitigation measures are required. With regard to localized emissions from motor vehicle travel, traffic congested roadways and intersections have the potential to generate localized high levels of CO. SCAQMD suggests conducting a CO hotspots analysis for any intersection where a project would worsen the Level of Service (“LOS”) from A through C to any level below C, and for any intersection rated D or worse where the project would increase the volume- to-capacity (“V/C”) ratio by two percent or more. Based on the Project’s Traffic Report (Appendix G to this IS/MND), the Project would not meet SCAQMD criteria at any of the intersections in the Project vicinity. Therefore, the Project would not have the potential to cause or contribute to an exceedance of the State one-hour or eight-hour CO standards of 20 or 9.0 parts per million (“ppm”), respectively, or generate an incremental increase equal to or greater than 1.0 ppm for the State one-hour CO standard, or 0.45 ppm for the eight-hour CO standard at any local intersection. Therefore, impacts with respect to localized CO concentrations would be less than significant and no mitigation measures are required. 20.j Packet Pg. 636 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -32- City of San Bernardino, California Toxic Air Contaminants As the Project proposes a car wash land use, the Project would not include any land uses that would involve the use, storage, or processing of carcinogenic or non-carcinogenic toxic air contaminants and no toxic airborne emissions would typically result from Project implementation. In addition, construction activities associated with the Project would be typical of other development projects in the City, and would be subject to the regulations and laws relating to toxic air pollutants at the regional, State, and federal level that would protect sensitive receptors from substantial concentrations of these emissions. In addition, construction activity would not result in long-term substantial sources of diesel particulate matter or other toxic air contaminant emissions (i.e., 30 or 70 years) and would therefore not have the potential to generate significant health risks. Therefore, impacts associated with the release of toxic air contaminants would be less than significant and no mitigation measures are required. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. A project-related significant adverse effect could occur if construction or operation of the Project would result in generation of odors that would be perceptible in adjacent sensitive areas. According to the SCAQMD CEQA Air Quality Handbook, land uses and industrial operations that are associated with odor complaints include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The Project involves the construction and operation of a car wash, which is not typically associated with odor complaints. Potential sources that may emit odors during construction activities include equipment exhaust. Odors from these sources would be localized and generally confined to the immediate area surrounding the Project. The Project would use typical construction techniques, and the odors would be typical of most construction sites and temporary in nature. As the Project involves no operational elements related to industrial projects, no long-term operational objectionable odors are anticipated. Therefore, potential impacts associated with objectionable odors would be less than significant and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 4. 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 Wildlife or the 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 Wildlife 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? 20.j Packet Pg. 637 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -33- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 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 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 Wildlife or the U.S. Fish and Wildlife Service? No Impact. The Project Site is located in an urbanized setting. A portion of the Project Site is currently developed with two single-family residences and associated structures (i.e., sheds and detached garage), while the remainder of the Project Site is vacant graded land. Vegetation on the Project Site is limited to ornamental landscaping and weeds. As a result, the potential for sensitive vegetation to be present on-site is considered to be low, and no viable habitat anticipated to support sensitive animal species is evident. Further, the Project Site is not located within an area determined by the City to be potential habitat for sensitive wildlife 7 or biological resource area.8 Therefore, Project implementation would not be anticipated to directly impact any protected species or their habitat. Accordingly, no impacts to 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 Wildlife (“CDFW”) or the U.S. Fish and Wildlife Service (“USFWS”) would occur and no mitigation measures are required. 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 Wildlife or U.S. Fish and Wildlife Service? No Impact. The Project Site is located in an urbanized setting. A portion of the Project Site is currently developed with two single-family residences and associated structures (i.e., sheds and detached garage), while the remainder of the Project Site is vacant graded land. Vegetation on the Project Site is limited to ornamental landscaping and weeds. No riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS exists on or in the vicinity of the Project Site. Thus, no impacts to riparian habitat or sensitive natural communities would occur and no mitigation measures are required. 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? 7 City of San Bernardino, General Plan, Chapter 12: Natural Resources and Conservation, Figure NRC-1: Potential Habitat for Sensitive Wildlife Map, November 1, 2005, page 12-7. 8 Ibid, Figure NRC-2: Biological Resource Areas Map, November 1, 2005, page 12-9. 20.j Packet Pg. 638 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -34- City of San Bernardino, California No Impact. The Project Site is located in an urbanized setting. A portion of the Project Site is currently developed with two single-family residences and associated structures (i.e., sheds and detached garage), while the remainder of the Project Site is vacant graded land. No wetlands, as defined by Section 404 of the Clean Water Act, exist or have been identified on or adjacent to the Project Site.9 Thus, the Project would not result in impacts to wetlands and no mitigation measures are required. 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? Potentially Significant Impact Unless Mitigated. As indicated previously, the Project Site and vicinity are completely urbanized; no large areas of open space that would facilitate wildlife movement exist in the immediate Project area. Furthermore, wildlife movement would be constrained by the existing arterial roadway system, particularly the proximity to Interstate 10 located 0.4-mile south of the Project Site, as well as the intensive development. However, the Project Site includes trees primarily located at the residential lots. These trees may provide suitable habitat for migrating birds, including those protected under the Migratory Bird Treaty Act (“MBTA”). Most native, breeding birds are also protected under Sections 3503, 3511, and 3513 of the Fish and Game Code. Because potentially suitable habitat for protected migratory bird species is present at the Project Site and construction is estimated to commence in the month of April, vegetation removal (i.e., removing on-site trees) may cause a short-term significant impact to the migratory bird species that may be nesting in the trees. Therefore, implementation of mitigation measure MM BIO 1 is required, which requires pre-construction survey and avoidance of active nests if ground-disturbance activities occur during the recognized nesting season (February 1 through August 31). Implementation of this mitigation measures would reduce potentially significant impacts to a less-than-significant level. Mitigation Measure MM BIO 1 If construction activities are to occur between February 1 and August 31, a pre- construction field survey shall be conducted by a qualified biologist to determine if active nests of species protected by the Migratory Bird Treaty Act or California Fish and Game Code are present in the construction zone or immediately surrounding the construction zone. Pre-construction nesting/breeding surveys shall be conducted within 10 days prior to the construction activity. If no active nests are found during the survey, construction activities may proceed. If nesting birds are observed on-site, an avoidance area shall be established to ensure that construction activities will not cause a nest to fail. A minimum buffer area surrounding the nest shall be avoided by all construction activities until the nestlings have fledged the nest. The buffer zones distance shall be 300 feet for non-raptor nests, 500 feet for raptor nests, 100 feet for common songbird nests, or as determined by the biological monitor in consultation with the California Department of Fish and Wildlife. A biological monitor shall be required to monitor the progress of the nesting birds. Construction activities may encroach within the buffer area at the discretion of the biological monitor in consultation with the California Department of Fish and Wildlife. Once the nestlings have independently fledged the nest, or if the biological monitor has determined the nest has failed, construction activities may proceed within the buffer area with no further restrictions with regard to nesting birds. 9 U.S. Fish and Wildlife Services, National Wetland Inventory, National Wetlands Mapper, website: https://www.fws.gov/wetlands/Data/Mapper.html, accessed: May 2018. 20.j Packet Pg. 639 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -35- City of San Bernardino, California e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. As previously discussed, the Project Site is not located within an area designated by the City as a biological resource area.10 Moreover, the Project Site is not located within a formally established habitat conservation plan or natural community conservation plan. Therefore, the Project would not have the potential to conflict with any policies or ordinances that protect native biological resources. No impacts would occur as a result of Project implementation and no mitigation measures are required. 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 and surrounding area are not covered by an adopted Habitat Conservation Plan or Natural Community Conservation Plan.11 Further, the Project Site is not located within an area determined by the City to be potential habitat for sensitive wildlife 12 or biological resource area.13 As such, the Project would not have the potential to conflict with a habitat conservation or natural community conservation plan and no impacts would occur. No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 5. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 (of CEQA)? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (of CEQA)? 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? The following information utilized in this section of the Initial Study is based, in part, on the Cultural Resources Inventory for the Proposed Fast5Xpress Car Wash Project within the City of San Bernardino, San Bernardino County, California (“Cultural Report”) prepared for the Project by DUDEK on April 23, 2018, which is hereby incorporated by reference. This document is provided as Appendix B to this IS/MND. a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 (of CEQA)? 10 City of San Bernardino, General Plan, Chapter 12: Natural Resources and Conservation, Figure NRC-2: Biological Resource Areas Map, November 1, 2005, page 12-9. 11 California Department of Fish and Wildlife, California Regional Conservation Plans Map, October 2017, available at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline. 12 City of San Bernardino, General Plan, Chapter 12: Natural Resources and Conservation, Figure NRC-1: Potential Habitat for Sensitive Wildlife Map, November 1, 2005, page 12-7. 13 Ibid., Figure NRC-2: Biological Resource Areas Map, November 1, 2005, page 12-9. 20.j Packet Pg. 640 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -36- City of San Bernardino, California Less Than Significant Impact. A significant impact may occur if a project would disturb historic resources which presently exist within a project site. Section 15064.5 of the State CEQA Guidelines defines a historical resource as: 1) a resource listed in or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources; 2) a resource listed in a local register of historical resources or identified as significant in an historical resource survey meeting certain state guidelines; or 3) an object, building, structure, site, area, place, record or manuscript which a lead agency determines to be significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided that the lead agency’s determination is supported by substantial evidence in light of the whole record. The Project Site is mostly vacant graded land; however, there are two single-family residences on site with associated structures (i.e., sheds and detached garage). As part of the Cultural Report prepared for the Project, a California Historical Resources Information System (“CHRIS”) records search was conducted at the South Central Coastal Information Center (“SCCIC”) at California State University, Fullerton, for the Project Site and surrounding one-mile radius. The SCCIC is a State-designated repository for records pertaining to cultural resources in San Bernardino County. This search included SCCIC’s collections of mapped prehistoric, historic, and built environment resources, Department of Parks and Recreation Site Records, technical reports, and ethnographic references. Additional consulted sources included historical maps of the Project area, the National Register of Historic Places (“NRHP”), the California Register of Historical Resources (“CRHR”), the California Historic Property Data File, and the lists of California State Historical Landmarks, California Points of Historical Interest, and the Archaeological Determinations of Eligibility. The SCCIC records indicate that 41 previous cultural resources technical investigations have been conducted within one mile of the Project Site between 1976 and 2013, and 45 resources have been recorded within one mile of the Project Site. Of these, none have been recorded at the Project Site. The 45 resources include one prehistoric scatter, two historic refuse scatters, one historic farm site, and 41 built-environment resources. The 41 built environment resources include 36 structures, two railroad segments, two bridges, and one canal. Furthermore, no cultural constituents were observed during the field survey conducted at the Project Site. Therefore, in the absence of any known on-site historic resources, impacts would be less than significant and no mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (of CEQA)? Potentially Significant Impact Unless Mitigated. A significant impact would occur if a known or unknown archaeological resource would be removed, altered, or destroyed as a result of the proposed development. Section 15064.5 of the State CEQA Guidelines defines criteria for historical resources or resources that constitute unique archaeological resources. As part of the Cultural Report, a CHRIS records search was conducted (see threshold question 5.a) above), maps and historic aerial photography was researched, a Sacred Lands File search by the Native American Heritage Commission (“NAHC”) was conducted, and 25 area tribes contacted in relation to the Project. Of the tribes that were contacted, two responded during the preparation of the Cultural Report: Gabrieleno Band of Mission Indians – Kizh Nation and San Manuel Band of Mission Indians. Subsequent to the 20.j Packet Pg. 641 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -37- City of San Bernardino, California completion of the Cultural Report, five additional tribes responded: Pauma Band of Luiseno Indians, Agua Caliente Band of Cahuilla Indians, Augustine Band of Cahuilla Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians. Of these tribal responses, Pauma Band of Luiseno Indians, Agua Caliente Band of Cahuilla Indians, and Augustine Band of Cahuilla Indians stated the Project Site is outside their respective tribes’ boundaries and deferred to other local tribes in the San Bernardino area. The Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians stated the Project Site is located within each respective tribes’ ancestral territory or traditional use area, and cultural resources associated with these tribes may be present in the area. A pedestrian survey of the site was also conducted to identify and record any cultural resources that may occur in the Project area. Because of the developed/disturbed nature of the Project Site, reconnaissance- level survey methods were used to spot-check areas with ground surface visibility for archaeological resources. The archaeologist examined the ground surface for the presence of prehistoric artifacts (e.g., flaked stone tools, tool-making debris, stone milling tools), historical artifacts (e.g., metal, glass, ceramics), sediment discolorations that might indicate the presence of a cultural midden, and depressions and other features that might indicate the former presence of structures or buildings. No cultural constituents were observed during the field survey. No cultural resources were identified in the report on the property through the records search, literature review, or by pedestrian survey. While the likelihood of discovery is remote, the Project construction would include ground disturbing activities such as grading and minor trenching for utility connections and installation of the on-site biorention basin. As such, the possibility exists that deeper lying, previously unknown archeological artifacts may be present. To reduce potential impacts to archaeological resources that may be inadvertently discovered during construction, mitigation measure MM CR 1 is required. This measure requires avoidance if there is an inadvertent discovery until a significance determination can be made by a qualified archaeologist with input from the tribes whom indicated the Project Site is within their ancestral territory or traditional use area, and adherence to appropriate measures if the find is determined to be significant under CEQA. Therefore, with implementation of this measure, impacts would be reduced to a less-than-significant level. Mitigation Measure MM CR 1 In the event that archaeological resources (i.e., sites, features, or artifacts) are exposed during construction activities for the Project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find in accordance with federal, State, and local guidelines, including those set forth in Public Resources Code Section 21083.2. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the find is determined to be a unique archaeological resource, as defined in Section 15064.5 of the State CEQA Guidelines, the resource shall be recorded and/or removed per applicable guidelines, in consultation with tribal representatives from the Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians. 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 San Bernardino County Coroner shall be contacted pursuant to State Health 20.j Packet Pg. 642 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -38- City of San Bernardino, California and Safety Code §7050.5 and that code enforced for the duration of the Project. Moreover, 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, Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians shall 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 input from these tribes. The archaeologist shall complete an isolate record for the find and submit this document to the Project Applicant and Lead Agency for dissemination to the Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians. If significant Native American archaeological or historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, a Secretary of Interior-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 Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians for review and comment. Furthermore, all in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by Tribal Participant(s) from Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians – should these tribes choose to participate –, and the Lead Agency and/or Project Applicant shall, in good faith, consult with Gabrieleno Band of Mission Indians – Kizh Nation, San Manuel Band of Mission Indians, Morongo Band of Mission Indians, and Soboba Band of Luiseño Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the Project. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Potentially Significant Impact Unless Mitigated. A significant impact could occur if grading or excavation activities associated with a project would disturb paleontological resources or unique geologic features which presently exist within a project site. Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. These resources are valued for the information they yield about the history of the earth and its past ecological settings. There are two types of resources; vertebrate and invertebrate paleontological resources. These resources are found in geologic strata conducive to their preservation, typically sedimentary formations. Paleontological sites are those areas that show evidence of pre-human activity. Often they are simply small outcroppings visible on the surface or sites encountered during grading. While the sites are important indications, it is the geologic formations that are the most important since they may contain important fossils. Potentially sensitive areas for the presence of paleontological resources are based on the underlying geologic formation. Fossil remains may occur throughout the City, although the evenness of their distribution is not known. The potential for fossil occurrence depends on the rock type exposed at the surface in a given area. The Project Site is relatively flat, and does not contain any unique geological features. While the likelihood 20.j Packet Pg. 643 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -39- City of San Bernardino, California of discovery is remote, the Project construction would include ground disturbing activities such as grading and minor trenching for utility connections and installation of the on-site biorention basin. As such, the possibility exists that paleontological artifacts may be present. To reduce potential impacts to paleontological resources that may be inadvertently discovered during construction, mitigation measure MM CR 2 is required. This measure requires avoidance if there is an inadvertent discovery until a significance determination can be made by a qualified paleontologist, and adherence to appropriate measures if the find is determined to be significant under CEQA. Therefore, with implementation of this measure, impacts would be reduced to a less-than-significant level. Mitigation Measure MM CR 2 In the event that paleontological resources are exposed during construction activities for the Project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified paleontologist can evaluate the significance of the find. The qualified paleontologist shall also monitor the remaining ground-disturbing activities. Depending upon the significance of the find, the paleontologist may simply record the find and allow work to continue. If the find is determined to be a unique paleontological resource, then a mitigation program shall be developed in accordance with the provisions of CEQA as well as the guidelines of the Society of Vertebrate Paleontology (1995). d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. A significant adverse impact would occur if grading or excavation activities associated with a project were to disturb previously interred human remains. There are no known human remains within the Project Site. While no formal cemeteries, other places of human internment, or burial grounds sites are known to occur within the immediate Project Site area, there is always a possibility that human remains could be encountered during construction. Should human remains be encountered unexpectedly during grading or construction activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If human remains of Native American origin are discovered during Project construction, compliance with State laws, which fall within the jurisdiction of the NAHC (Public Resources Code Section 5097), relating to the disposition of Native American burials would be required. Therefore, through compliance to existing laws, impacts would be less than significant and no mitigation measures are required. See also mitigation measure MM CR 1, above. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 6. 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 20.j Packet Pg. 644 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -40- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact (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-site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The following information utilized in this section of the Initial Study is based, in part, on the Geotechnical Investigation, Proposed Carwash, 1659 Tippecanoe Avenue, San Bernardino, California (“Geotech Report”) prepared for the Project by Petra Geosciences, Inc., on October 31, 2017, which is hereby incorporated by reference. This document is provided as Appendix C to this IS/MND. 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. A project would normally have a significant geologic hazard impact if it would cause or accelerate geologic hazards which would result in substantial damage to structures or infrastructure, or expose people to substantial risk of injury. For the purpose of this specific issue, a significant impact may occur if a project site is located within a State-designated Alquist-Priolo Fault Zone or other designated fault zone, and appropriate building practices are not employed. The California Geological Survey designates the zones extending approximately 200 to 500 feet from known active faults as Alquist-Priolo Special Study Zones. In San Bernardino, Alquist-Priolo Special Study Zones are located along the traces of the San Andreas Fault, the San Jacinto Fault, and the Glen Helen Fault.14 In addition, the City has identified additional active regional faults outside of the designated 14 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-3: Alquist-Priolo Study Zones Map, November 1, 2005, page 10-19. 20.j Packet Pg. 645 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -41- City of San Bernardino, California Alquist-Priolo Zones, which are recommended for further site analysis.15 The Project Site is not located within an Alquist-Priolo Special Study Zone or within an area of regional faults recommended for further study. As such, impacts related to fault rupture at the Project Site would be less than significant and no mitigation measures are required. ii) Strong seismic ground shaking? Less Than Significant Impact. A project would normally have a significant geologic hazard impact if it would cause or accelerate geologic hazards which would result in substantial damage to structures or infrastructure, or expose people to substantial risk of injury. For the purpose of this issue, a significant impact may occur if a project represents an increased risk to public safety or destruction of property by exposing people, property, or infrastructure to seismically-induced ground shaking hazards that are greater than the average risk associated with locations in the Southern California region. Southern California is a seismically active region likely to experience, on average, one earthquake of Magnitude 7.0, and 10 earthquakes of Magnitude 6.0 over a period of 10 years. The City is located between several active fault zones including: the San Andreas Fault, the San Jacinto Fault, the Glen Helen Fault, and the Loma Linda Fault. According to the Geotech Report prepared for the Project, the Loma Linda Fault, which is part of the San Jacinto Fault Zone, lies approximately 0.5-mile southwest of the Project Site and would likely generate the most severe ground motions. Additionally, the Project Site is located within 0.1 mile southwest of the Banning Fault. As with all development projects in the City and throughout Southern California, the Project would be designed and constructed in conformance with the California Building Code (“CBC”), including Section 1613 – Earthquake Loads, and locally adopted seismic-design-related measures. Further, the Project would be required to implement all design and construction recommendations in the final geotechnical evaluation prepared for the Project. Conformance with standard engineering practices and design criteria would reduce the effects of seismic ground shaking to a less than significant level. No mitigation measures are required. iii) Seismic-related ground failure, including liquefaction? Potentially Significant Impact Unless Mitigated. A project would normally have a significant geologic hazard impact if it would cause or accelerate geologic hazards which would result in substantial damage to structures or infrastructure, or expose people to substantial risk of injury. For the purpose of this specific issue, a significant impact may occur if a project is located in an area identified as having a high risk of liquefaction and mitigation measures required within such designated areas are not incorporated into the project. Liquefaction is the loss of strength of cohesionless soils when the pore water pressure in the soil becomes equal to the confining pressure. Liquefaction generally occurs as a “quicksand” type of ground failure caused by strong ground shaking. The primary factors influencing liquefaction potential include groundwater, soil type, relative density of the sandy soils, confining pressure, and the intensity and duration of ground shaking. Based on the San Bernardino County Land Use Plan, the Project Site lies within an area of medium susceptibility to liquefaction.16 Based on the City’s General Plan, the Project Site is moderately high to moderately susceptible to liquefaction.17 Accordingly, a site-specific liquefaction hazard analysis was conducted on subsurface soils from the Project Site as part of the 15 Ibid., Figure S-4: Regional Faults Map, November 1, 2005, page 10-21. 16 County of San Bernardino, General Plan, Land Use Plan, Geologic Hazard Overlays, Map FH30C, 2009. 17 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-5: Liquefaction Susceptibility Map, November 1, 2005, page 10-25. 20.j Packet Pg. 646 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -42- City of San Bernardino, California Geotech Report. The liquefaction hazard analysis calculated that a thin liquefiable layer around 50 feet below ground surface exists at the Project Site that could result in a total weighted settlement of 1.1 inches with a total of 0.7-inch of differential settlement across the Project Site. However, based on the depth of the liquefiable layers and the depth to groundwater, the Geotech Report determined that the thickness of the non-liquefiable layers above the liquefiable zone (below 20 feet below ground surface) are sufficient to prevent surface manifestation of liquefaction. No basement structures, piles, or retaining walls are proposed for the Project and structures that enclose a void space such as pipelines, manholes, or buried vaults would not be located within the thin layer near 50 feet below ground surface where liquefaction could occur. However, because a deep foundation may be used, the Geotech Report recommended that a strengthened foundation be used. The Project would be required to implement all recommendations made by the Geotech Report, including those for allowable bearing capacity and estimated settlement and lateral resistance for foundations, during the design phase. Additionally, mitigation measure MM GEO 1 is required to ensure inspection of foundations following seismic events. Following adherence to the design recommendations included in the site-specific Geotech Report and implementation of MM GEO 1, the potential detrimental effects of liquefaction on the structural integrity of the foundation system are expected to be fully mitigated. As such, impacts related to liquefaction would be less than significant following mitigation. Mitigation Measure MM GEO 1 Following seismic events that result in liquefaction, a qualified geotechnical or engineering professional shall inspect Project foundations for signs of differential settlement. Foundations shall be re-leveled if determined by the inspector. iv) Landslides? Less Than Significant Impact. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. General slope stability is determined by a number of factors including slope, vegetative cover, wildfire, bedrock, soil, precipitation, and human alteration. Given the essentially flat topography that characterizes the area of the Project Site, the Project Site has not been included within a State- designated seismically-induced landslide hazard zone. According to the San Bernardino County Land Use Plan, the Project Site is not located in an area that is considered susceptible to landslides.18 According to the City’s General Plan, the Project Site is not located in an area of moderate or high relief or an area of low to moderate susceptibility to landslides.19 Further, site stabilization and soil compaction requirements required by the Project’s Geotech Report and design parameters established by the current CBC and Title 15 of the SBMC would reduce potential landslide impacts to less than significant levels. No mitigation measures are required. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. A significant impact may occur if a project exposes large areas to the erosional effects of wind or water for a protracted period of time. Grading and trenching during the construction phase of the Project would displace soils and temporarily increase the potential for soils to be subject to wind and water erosion. The contractor would be required to comply with standard engineering practices 18 County of San Bernardino, General Plan, Land Use Plan, Geologic Hazard Overlays, Map FH30C, 2009. 19 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-7: Slope Stability and Major Landslides Map, November 1, 2005, page 10-33. 20.j Packet Pg. 647 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -43- City of San Bernardino, California for erosion control, and a qualified soils engineer would monitor soil compaction during construction. Further, the construction contractor would be required to implement standard dust control measures (SCAQMD Rule 403) and construction site stormwater runoff control measures (refer to the Hydrology and Water Quality section). Conformance with such standards would reduce the potential for substantial soil erosion or the loss of topsoil from the site during the grading and construction phase. Once construction is complete, all exposed soil materials would be covered (e.g., developed and/or landscaped) and there would be limited potential for erosion or siltation to occur. The Project would result in the disturbance of more than one acre of land and would, therefore, be required to file a Notice of Intent (“NOI”), secure a National Pollutant Discharge Elimination System (“NPDES”) general construction stormwater discharge permit, and prepare and implement a Stormwater Pollution Prevention Plan (“SWPPP”) that would be reviewed and approved by the City. The SWPPP would include measures to address the proper treatment of exposed, disturbed soils, such as covering or containment of stockpiles and spraying of trenches. Project conformance with standard engineering practices, CBC requirements, and local engineering design regulations would ensure that impacts related to erosion would be less than significant. 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 or collapse? Less Than Significant Impact. See above for the discussion of potential impacts related to liquefaction and landslides. As detailed, impacts related to liquefaction would require mitigation and impacts related to landslide would be less than significant. Lateral spreading is the movement of the ground surface down a mild slope or toward an open free face during a seismic event that causes soil liquefaction. The Geotech Report concluded that based on the generally level nature of the Project Site, lateral spreading would not encroach into the Project Site. As such, impacts related to lateral spreading would be less than significant. Land subsidence is a gradual settling or sudden sinking of the earth’s surface owing to subsurface movement of earth materials. Land subsidence is typically caused by compression of soft, geologically young sediments or activities related to fluid extraction (e.g., groundwater, petroleum, or natural gas). Long-term withdrawal of groundwater in the area of the Project Site has lowered the water table considerably in the past. According to the City’s General Plan, the Project Site is located at the boundary of an area of previous subsidence.20 Additional future subsidence at the Project Site may be possible if groundwater withdrawals without recharge resume. However, as the local water districts have implemented a basin management plan to limit excess groundwater drawdowns, future amount of subsidence may be more limited than that has occurred to date. No water or oil extractions or similar practices that are typically associated with subsidence effects would occur as a result of the Project. The Project Site is underlain primarily by medium dense to dense alluvial sands and no soft compressible sediment that would be susceptible to subsidence was encountered. In addition, surface materials that are disrupted/displaced would be balanced and re- compacted on-site during Project construction. As such, impacts would be less than significant and no mitigation measures are required. Soil collapse occurs when sediment moisture content increases substantially, leading to the densification of the soil, which can lead to structural damage from cracking foundations, walls, and floors. Typical causes of 20 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-6: Potential Subsidence Area Map, November 1, 2005, page 10-31. 20.j Packet Pg. 648 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -44- City of San Bernardino, California soil collapse include infiltration resulting from poor surface drainage, irrigation water, or leaking pipes into low-density, silty sandy soil in semi-arid and arid climates that are not regularly subjected to saturation. Upon completion of the Project, the Project Site would only consist of approximately 37 percent pervious surface area. All surface water on-site would be directed toward the bioswale for treatment prior to infiltration into the ground. The bioswale would be connected to a bioretention basin designed for six inches of ponding, which allows for the slow infiltration of water into the subsurface soils to avoid a rapid increase in moisture. Additionally, the Project Site is underlain primarily by medium dense to dense materials and no low-density sediment that would be susceptible to collapse was encountered. Further, the Project design would be required to accommodate the infiltration results of the Geotech Report. As such, impacts related to soil collapse would be less than significant and no mitigation measures are required. 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 generally result from specific clay minerals that expand when saturated and shrink when dry. The near-surface soils on the Project Site are characteristically medium dense to dense alluvial sands and no clay layers were identified. Based on tests conducted as part of the Geotech Report, the soils beneath the Project Site were determined to have a low expansion potential. Further, adherence to standard engineering practices contained within the most recent UBC with regard to soil conditions would reduce any potential expansive soil impacts to less than significant levels and no mitigation measures are required. 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 would be served by the existing wastewater collection system (sewer) and would not require septic tanks or alternative on-site disposal systems. Therefore, no impacts would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 7. GREENHOUSE GAS EMISSIONS. 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? The following information utilized in this section of the Initial Study is based, in part, on the aforementioned AQ Report prepared for the Project by Kunzman Associates, Inc., on March 26, 2018, which is hereby incorporated by reference. This document is provided as Appendix A to this IS/MND. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 20.j Packet Pg. 649 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -45- City of San Bernardino, California Less Than Significant Impact. Gases that trap heat in the atmosphere are called greenhouse gases (“GHGs”), since they have effects that are analogous to the way in which a greenhouse retains heat. GHGs are emitted by both natural processes and human activities. The accumulation of GHGs in the atmosphere regulates the earth’s temperature. The State of California has undertaken initiatives designed to address the effects of GHG emissions, and to establish targets and emission reduction strategies for GHG emissions in California. Activities associated with the Project, including construction and operational activities, would have the potential to generate GHG emissions. The principal GHGs are carbon dioxide (“CO 2 ”), methane (“CH 4 ”), nitrous oxide (“N2 O”), sulfur hexafluoride (“SF 6 ”), perfluorocarbons (“PFCs”), hydrofluorocarbons (“HFCs”), and water vapor (“H 2 O”). CO 2 is the reference gas for climate change because it is the predominant GHG emitted. To account for the varying warming potential of different GHGs, GHG emissions are often quantified and reported as CO 2 equivalents (“CO 2 e”). California has enacted several pieces of legislation that relate to GHG emissions and climate change, much of which sets aggressive goals for GHG reductions within the State. Per Senate Bill 97, the California Natural Resources Agency adopted amendments to the CEQA Guidelines, which address the specific obligations of public agencies when analyzing GHG emissions under CEQA to determine a project’s effects on the environment. However, neither a threshold of significance nor any specific mitigation measures are included or provided in these CEQA Guideline amendments. CalEEMod (software version 2016.3.2) was used to calculate the GHG emissions from the Project. The City does not have an adopted threshold of significance for GHG emissions. Therefore, the Project’s GHG emissions have been compared to SCAQMD’s draft GHG emissions threshold of 3,000 metric tons of CO 2 e (“MTCO 2 e”) per year for all land uses. Each source of GHG emissions is described in greater detail below. • Area Sources include emissions from hearths, consumer products, landscape equipment and architectural coatings. • Energy Usage includes emissions from the generation of electricity and natural gas used on-site. • Mobile Sources include emissions from the additional vehicle miles generated from the Project. The vehicle trips associated with the Project have been analyzed based on the Project trip generation calculated in the Project’s Traffic Report of 1,290 daily vehicle trips. CalEEMod then applies the emission factors for each trip to determine the vehicular traffic pollutant emissions. The CalEEMod default trip lengths were used in this analysis. • Waste includes the GHG emissions generated from the processing of waste from the Project as well as the GHG emissions from the waste once it is interred into a landfill. • Water includes the water used for the interior of the building as well as for landscaping and is based on the GHG emissions associated with the energy used to transport and filter the water. • Construction-related GHG emissions were also included in the analysis and were based on a 30-year amortization rate as recommended in the SCAQMD GHG Working Group meeting on November 19, 2009. The construction-related GHG emissions were calculated by CalEEMod as detailed above. • Sequestration includes the Project design feature of planting approximately 91 new trees on-site; therefore, the analysis in Table 8 includes the reduction of GHG emissions from the planting of approximately 91 new trees. The California Air Pollution Control Officers Association (“CAPCOA”) states that trees sequester CO 2 over 20 years of their life, after that, sequestration is nominal and outweighed by tree maintenance-related emissions. The total sequestration value given in the 20.j Packet Pg. 650 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -46- City of San Bernardino, California Annual CalEEMod output (see Appendix C to the AQ Report, which is included as Appendix A to this IS/MND) was divided by 20 years to yield an annual value, which was then subtracted from the Project’s emissions. The Project’s modeled GHG emissions are shown in Table 8 – Project-Related GHG Emissions. Table 8 Project-Related GHG Emissions Category GHG Emissions (MTCO 2 e/year) Bio-CO 2 Non-Bio-CO 2 CO 2 CH 4 N 2 O CO 2 e Area Sources 0.00 0.00 0.00 0.00 0.00 0.00 Energy Usage 0.00 28.57 28.57 0.00 0.00 28.69 Mobile Sources 0.00 986.35 986.35 0.08 0.00 988.26 Solid Waste 4.26 0.00 4.26 0.25 0.00 10.55 Water 0.16 3.26 3.43 0.02 0.00 3.98 Construction 0.00 5.68 5.68 0.00 0.00 5.71 Sequestration -3.22 Total Emissions 4.42 1,023.86 1,028.28 0.35 0.00 1,033.97 Note: Calculation data and results provided in Appendix C to the AQ Report, which is included as Appendix A to this IS/MND. Source: Kunzman Associates, March 2018. As shown in Table 8, above, the Project’s emissions would be 1,033.97 MTCO 2 e per year. At a level of 1,033.97 MTCO 2 e per year, the Project’s emissions do not exceed the SCAQMD draft GHG emissions threshold of 3,000 MTCO 2 e per year for all land uses; therefore, the impacts from GHGs are considered to be less than significant and no mitigation measures are required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The Project could have the potential to conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. The applicable plan for the Project is the San Bernardino County Regional GHG Reduction Plan. The City forms the San Bernardino Chapter of the San Bernardino County Regional GHG Reduction Plan, released March 5, 2014. The Regional GHG Reduction Plan has been prepared to assist the City in conforming to the GHG emissions reductions as mandated under AB 32. SCAQMD’s thresholds used Executive Order S-3-05 goal as the basis for deriving the screening level. The California Governor issued Executive Order S-3-05, GHG Emission, in June 2005, which established the following reduction targets: • 2010: Reduce GHG emissions to 2000 levels • 2020: Reduce GHG emissions to 1990 levels • 2050: Reduce GHG emissions to 80 percent below 1990 levels In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of 2006. AB 32 requires CARB, to adopt rules and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020 through an enforceable Statewide emissions cap which was phased in 20.j Packet Pg. 651 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -47- City of San Bernardino, California starting in 2012. Senate Bill (“SB”) 32 requires the State board to ensure that Statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. As SCAQMD uses Executive Order S-3-05 as the basis for their GHG emissions screening level, and Executive Order S-3-05 includes the long-term goal to reduce GHG emissions to 80 percent below 1990 levels by 2050, the Project would also be consistent with the goal of SB 32 (to reduce GHG emissions to 40 percent below 1990 levels by 2030). Therefore, projects that meet the current interim emissions targets/thresholds established by SCAQMD would also be on track to meet the reduction targets for 2030. Furthermore, all of the post-2020 reductions in GHG emissions are addressed via regulatory requirements at the State level and the Project would be required to comply with these regulations as they come into effect. As the Project’s emissions do not exceed the either SCAQMD’s or the San Bernardino County Regional GHG Reduction Plan’s screening threshold of 3,000 MTCO2e per year for all land uses, it meets the threshold for compliance with Executive Order S-3-05, and complies with the goals of AB 32 and SB 32. Therefore, the Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. Impacts would be less than significant and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 8. HAZARDS & 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 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. 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 result in safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. 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? The following information utilized in this section of the Initial Study is based, in part, on the Phase I 20.j Packet Pg. 652 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -48- City of San Bernardino, California Environmental Site Assessment Report, 1155 East Gould Street, 1158 East Davidson Street, 1176 East Davidson Street, 1659 South Tippecanoe Avenue, and 1695 South Tippecanoe Avenue, San Bernardino, California 92408 (“Phase I ESA”) prepared for the Project by Earth Science, LLC, on September 21, 2016, which is hereby incorporated by reference. This document is provided as Appendix D to this IS/MND. 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. A significant impact may occur if a project involves use or disposal of hazardous materials as part of its routine operations and would have the potential to generate toxic or otherwise hazardous emissions that could adversely affect sensitive receptors. Uses sensitive to hazardous emissions (i.e., sensitive receptors) in the area include the residential uses to the north, east, and southeast. Project construction would involve limited use of toxic or hazardous substances that are typical for construction-related activities (e.g., oil, fuel for vehicles and construction equipment, hydraulic fluids, cleaners, solvents, paints); nevertheless, there is the possibility of accidental release (e.g., spilling of hydraulic fluid or diesel fuel from construction equipment maintenance). Such incidents are expected to involve small volumes and low concentrations, and the contractor would be required to employ standard cleanup and safety procedures to minimize the potential for public exposure from accidental releases of such substances into the environment. Best management practices (“BMPs”) for the proper handling, use, and disposal of hazardous materials during construction would be included in the SWPPP required for the Project (as previously discussed in the Geology and Soils section, and discussed below in the Hydrology and Water Quality section). Project construction would also comply with regulations within the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, and the Toxic Substances Control Act regarding proper disposal of hazardous materials and the protection of public. Therefore, construction-related impacts would be less than significant and no mitigation measures are required. During Project operations, limited amounts of toxic or hazardous substances are also expected to be used for routine maintenance that are typical of car wash land uses (e.g., paints, cleaning products, hydraulic fluid, machinery lubricants, landscaping chemicals, etc.); however, the use of substantial amounts of such substances are not anticipated. The level of risk associated with the accidental release of any such hazardous substances would not be considered significant due to the anticipated small volume and/or low concentration of hazardous materials. Use of these substances would be in compliance with applicable federal, State, and local regulations pertaining to the handling, storage, and disposal of toxic and/or hazardous substances to protect human health and safety and to maintain a low risk of exposure to the general public relative to accidental releases of such substances. Further, the Project would also require an Emergency/Contingency Plan that would establish procedures to follow in the event of an emergency situation (such as a fire or hazardous spill). Oversight for this plan is provided by the County of San Bernardino Fire Department’s Hazardous Materials Division, and would be reviewed annually and renewed every three years. Therefore, operation-related impacts would be less than significant and no mitigation measures are required. 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? Potentially Significant Impact Unless Mitigated. A significant impact may occur if a project could potentially pose a hazard to nearby sensitive receptors by releasing hazardous materials into the environment through accident or upset conditions. 20.j Packet Pg. 653 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -49- City of San Bernardino, California As detailed above, adherence to applicable hazardous materials regulations and implementation of BMPs for their use, the Project would not be expected to result in a release of hazardous materials into the environment during construction and operation. However, during the short-term period of Project construction, there is the possibility of accidental release of hazardous substances should grading encounter contaminated soil or groundwater beneath the Project Site. Preparation of the Phase I ESA included: 1) a property and adjacent site reconnaissance; 2) interviews with key personnel; 3) a review of historical sources; 4) a review of regulatory agency records; and 5) a review of a regulatory database report provided by a third-party vendor. Local agencies were contacted, such as environmental health departments, fire departments, and building departments in order to determine any current and/or former hazardous substances usage, storage, and/or releases of hazardous substances on the subject property, which would constitute recognized environmental concerns (“RECs”), controlled recognized environmental concerns (“CRECs”), historical recognized environmental concerns (“HRECs”), or other environmental issues. An REC is the presence or likely presence or any hazardous substances or petroleum products in, on, or at the property due to release to the environment; under conditions indicative of a release to the environment; or under conditions that pose a material threat of a future release to the environment. A CREC is an REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority, and an HREC is a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls. The Phase I ESA did not identify any RECs, CRECs, or HRECs for the Project Site. As such, it is not expected that the soil or groundwater beneath the Project Site has been contaminated by any previous uses or activities at the Project Site or surrounding properties. However, the Phase I ESA identified a non-REC environmental issue associated with the Project Site. Namely, due to the age of the on-site structures, asbestos-containing materials (“ACMs”) and lead-based paint (“LBP”) may be present in the structures. When ACMs are broken apart, such as during interior demolition activities, microscopic asbestos particles may become airborne and pose a threat to human health. Inhalation of asbestos fibers can lead to various health problems, the most serious of which include lung cancer. LBP is a highly toxic metal that affects virtually every system of the body. LBP is defined as any paint, varnish, stain, or other applied coating that has 0.5 percent by weight or more of lead. Due to the potential for the presence of ACMs and LBP and the risk to the environment and human health from the demolition of structures containing these hazardous materials, mitigation measure MM HAZ 1 is required. Implementation of this mitigation measure would ensure that these hazardous materials are treated and disposed of appropriately in a manner compliant with existing regulations, which would protect the environment and human health from hazardous exposure during demolition. Impacts, therefore, would be less than significant with mitigation. Mitigation Measure MM HAZ 1 Prior to the demolition of the on-structures, an asbestos survey of the structures shall be performed, and any identified asbestos-containing materials shall be abated by a licensed abatement contractor according to all applicable federal, State, and local regulations. Due to the age of the structures, all painted building surfaces at the Project Site shall be assumed to contain LBP and treated as such unless future testing is conducted proving otherwise. All federal, State, and local regulations pertaining to LBP 20.j Packet Pg. 654 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -50- City of San Bernardino, California shall be followed by the demolition contractor as appropriate. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No existing or proposed school facilities are located within a one-quarter mile radius of the Project Site. Further, as described above, the handling of common hazardous substances associated with car wash land uses would be done in compliance with all federal, State, and local regulations and in accordance with manufacturer recommendations. Accordingly, no impact related to hazardous materials within 0.25- mile of a school would occur and no mitigation measures are required. 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. According to the Phase I ESA, which included a search of regulatory databases such as those required by California Government Code Section 65962.5, the Project Site is not included on a list hazardous materials sites, and no evidence of RECs, CRECs, or HRECs in connection with the Project Site was identified. Furthermore, a recent review of such databases show that there are no known hazardous sites associated with the Project Site as according to California Department of Toxic Substances Control’s (“DTSC”) EnviroStor database,21 State Water Resources Control Board’s (“SWRCB”) GeoTracker database,22 and DTSC’s current “Cortese” list.23 Therefore, construction and operation of the Project would not pose an environmental hazard to surrounding sensitive uses or the environment in regards to siting the Project on a known hazardous waste site, and impacts would be less than significant. No mitigation measures are required. 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 result in a safety hazard for people residing or working in the project area? Less Than Significant Impact. The Project site is located 1.5 miles southwest of the San Bernardino International Airport (“SBD”). No airport land use compatibility plan has been prepared for SBD. However, the EIR prepared for the City’s General Plan determined that buildout of the General Plan would expose residents and workers to less-than-significant safety hazards associated with operation of SBD.24 Because the height of the proposed car wash building would be compatible with both the current and proposed zoning for the Project Site and would only reach one story (approximately 22.5 feet tall), the Project would not have the potential to interfere with flight operations at the SBD. Impacts would be less than significant and no mitigation measures are required. 21 California Department of Toxic Substances Control, EnviroStor, website: http://envirostor.dtsc.ca.gov/public/, accessed: May 2018. 22 State Water Resources Control Board, GeoTracker, website: https://geotracker.waterboards.ca.gov/, accessed: May 2018. 23 California Department of Toxic Substances Control, Hazardous Waste and Substances Site List (Cortese), website: https://www.envirostor.dtsc.ca.gov/public/mandated_reports.asp, accessed: May 2018. 24 City of San Bernardino, Draft San Bernardino General Plan Update and Associated Specific Plan Environmental Impact Report, Volume I of III, July 25, 2005, page 5.6-23. 20.j Packet Pg. 655 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -51- City of San Bernardino, California f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The Project Site is not located within the vicinity of a private airstrip. The private airport nearest to the Project Site is Lake Arrowhead Airport, located approximately 17.25 miles northeast of the Project Site. Accordingly, implementation of the Project would not result in a safety hazard for people residing or working in the Project area. No impact would occur and no mitigation measures are required. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The City implements its Emergency Operations Plan, which addresses emergency evacuation situations such as in the event of an emergency. The City’s approach to emergency planning has been comprehensive, i.e., planned for and prepared to respond to all hazards—natural disasters, technological incidents, and national security emergencies—utilizing the Standard Emergency Management System and the National Incident Management System. The plan delineates operational concepts relating to various emergency situations, identifies components of the Emergency Management Organization, and describes the overall responsibilities for protecting life and property and assuring the overall well-being of the population. The Project would not interfere with the policies established by the Emergency Operations Plan or with an emergency evacuation plans. The Project Site is not located along a designated evacuation route.25 The Project does not propose any hazardous land uses or off-site improvements that would create elements or conditions that may potentially impair implementation of or physically interfere with the adopted emergency response plan. No revisions to adopted emergency plans would be would be required as a result of the Project and no impacts would occur. No mitigation measures are required. h) 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? No Impact. The Project Site is located within an urban setting in the City. The City’s General Plan Safety Chapter maps the Project Site as located outside of fire hazard area.26 Additionally, according to the California Department of Forestry and Fire Protection (“CalFire”), the Project Site is located in an area designated as a non-very-high-fire-severity zone.27 Accordingly, the potential for the Project to expose people or structures to a significant risk of loss, injury, or death involving wildland fires is considered low. No impact would occur and no mitigation measures are required. 25 San Bernardino County, Mountain Area Safety Taskforce, Mountain Area Emergency Route – San Bernardino Mountains, July 15, 2003. 26 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-9: Fire Hazard Areas Map, November 1, 2005, page 10-43. 27 State of California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in Local Responsibility Area Map, June 12, 2009. 20.j Packet Pg. 656 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -52- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 9. 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. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i. 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? j. Inundation by seiche, tsunami, or mudflow? The following information utilized in this section of the Initial Study is based, in part, on the Preliminary Water Quality Management Plan for Fast5Xpress Carwash, 1659 S. Tippecanoe Ave, City of San Bernardino (“PWQMP”) prepared for the Project by RNC Consulting on February 25, 2018, which is hereby incorporated by reference. This document is provided as Appendix E to this IS/MND. a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The Project Site is located within the Upper Santa Ana River Watershed Management Area. Water from this area drains to the Santa Ana River, which eventually terminates in the Pacific Ocean, north of Newport Bay in Orange County. Stormwater at the Project Site currently infiltrates the pervious surfaces on-site or flows into a City storm drain catch basin at the northeast corner of S. Tippecanoe Avenue and E. Gould Street, where it continues along the Mission Channel to Reach 5 of the Santa Ana River. Listed impairments for the Project’s receiving waters include pathogens (Santa Ana River Reaches 4 and 3), copper and lead (Santa Ana River Reach 3), and indicator bacteria (Santa Ana River Reach 2). 20.j Packet Pg. 657 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -53- City of San Bernardino, California The Project Site lies within the Bunker Hill Groundwater Sub-basin located within the Upper Santa Ana Valley Groundwater Basin. Based on information obtained from nearby environmental site investigations, the depth to first groundwater in the vicinity of the Project Site is anticipated to be approximately 35 feet below ground surface (“bgs”); however, the depth to first groundwater in the vicinity of the Project Site has been known to fluctuate seasonally, and therefore, may be encountered at shallower or deeper intervals. Based on the local site topography and information obtained from nearby environmental site investigations, the inferred direction of groundwater flow is generally to the southwest. Surface Water Quality Pursuant to the Santa Ana Regional Water Quality Control Board (“SARWQCB”) and the City, the Project would be required to comply with the requirements of the City and the NPDES Areawide Stormwater Program. To address stormwater and accidental spills, all projects are required to prepare and implement a SWPPP to control potential sources of water pollution that could violate any standards or discharge requirements during construction and a Water Quality Management Plan (“WQMP”) to ensure that Project- related surface runoff meets discharge requirements over the short- and long-term. Demolition of the existing residential structures and construction of the Project would involve grading, paving, utility installation, building construction, and landscaping installation, which would result in the generation of potential water pollutants. Stormwater pollutants can also be expected from long-term operation of the Project, including but not limited to oil and grease deposits on the paved surfaces of the Project site that can be carried off in stormwater. Water pollutants expected to occur from construction and operation of the Project include pathogens, phosphorous, nitrogen, noxious aquatic plants, sediment, metals, oil and grease, trash/debris, pesticides/herbicides, and organic compounds. As such, impacts to water quality have the potential to occur during construction and operation of the Project in the absence of any protective or avoidance measures. The required SWPPP would include an Erosion Control Plan that would specify the BMPs that the Project would be required to implement during construction activities to ensure that all potential pollutants of concern are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the Project Site during construction. During operation, the Project would be required to be consistent with the Project’s WQMP, which includes Project-specific non-structural and structural source-control BMPs for the prevention of water quality impacts, the San Bernardino County’s Municipal Storm Water Management Program and the intent of the NPDES Permit for San Bernardino County and the incorporated cities of San Bernardino County within the Santa Ana Region. These BMPs establish required protocols for litter and debris control, inspection, enclosure of trash, efficient irrigation, etc. Further, the Project would include a catch basin in the landscaped area adjacent to S. Tippecanoe Avenue to retain and treat stormwater prior to any overflow discharge into the municipal storm drain. In accordance with the BMPs established in the WQMP, the catch basin would be inspected and cleaned on a yearly basis prior to the rainy season. Mandatory compliance with the Project’s WQMP and its BMPs, the San Bernardino County’s Municipal Storm Water Management Program and the NPDES Permit, would ensure that the Project would not violate any water quality standards or waste discharge requirements during operation of the Project. Based on the above, impacts to surface water quality during construction and operation would be less than significant and no mitigation measures are required. Groundwater Quality Based on the anticipated depth to groundwater, construction of the Project would not be expected to 20.j Packet Pg. 658 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -54- City of San Bernardino, California encounter groundwater. Further, compliance with all applicable federal, State, and local requirements concerning the handling, storage and disposal of hazardous materials, would reduce the potential for the construction of the Project to release contaminants into groundwater that could affect existing contaminants, expand the area or increase the level of groundwater contamination. Operational activities that could affect groundwater quality include spills of hazardous materials and leaking underground storage tanks. No underground storage tanks are currently operated at the Project Site nor would any be operated by the Project. In addition, while the Project would slightly increase the use of on- site hazardous materials, compliance with all applicable existing regulations at the Project Site regarding the handling and potentially required cleanup of hazardous materials would prevent the Project from affecting or expanding any potential areas of contamination, increasing the level of contamination, or causing regulatory water quality standards at an existing production well to be violated, as defined in the California Code of Regulations, Title 22, Division 4, Chapter 15 and the Safe Drinking Water Act. The Project would not include the installation or operation of water wells, or any extraction or recharge system that is in the vicinity of the coast, an area of known groundwater contamination or seawater intrusion, a municipal supply well, or spreading ground facility. Furthermore, based on the anticipated depth to groundwater, operation of the Project would not require permanent dewatering. The Project would comply with all applicable State, regional, and local regulations, policies, and requirements with regard to groundwater quality and would avoid the release of contaminants into groundwater through proper site maintenance. Based on the above, the Project would result in less than significant impacts to groundwater quality during construction and operation. No mitigation measures are required. 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)? Less Than Significant Impact. The Project would not have the potential to substantially deplete groundwater supplies or interfere with groundwater recharge. It is not anticipated that construction activities would encounter groundwater, therefore, dewatering activities would not be required. Although the Project would reduce the pervious surface area of the Project Site from approximately 89 percent to approximately 37 percent, stormwater would be captured by the on-site storm drain system and directed to an on-site detention basin, and overflows would be directed to the Santa Ana River via the existing storm drain conveyance facilities, where percolation into the same groundwater table would occur. No water wells are reported to be on site at the Project Site, nor were any water wells observed during the site reconnaissance as part of the Phase I ESA. Thus no existing water wells would be directly removed or impacted by the Project. Further, no direct withdrawal of groundwater is proposed or would be required by the Project. The Project would comply with the indoor and outdoor water efficiency requirements of the California Green Building Standards/Title 24 for operation of commercial land uses and AB 1881 water conservation requirements as per City standards. Thus, groundwater supplies would not be adversely affected and the groundwater table would not be lowered. As such, impacts related to groundwater recharge would be less than significant and no mitigation measures are required. 20.j Packet Pg. 659 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -55- City of San Bernardino, California c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? Less Than Significant Impact. A their closest points to the Project Site, the Santa Ana River is located 0.65- mile to the northwest, Gage Irrigation Canal is located approximately 0.32-mile to the west, and Zanja Creek is located 0.19-mile north. However, no streams or rivers run through the Project Site itself; therefore, no direct alteration of a stream or river would occur. Stormwater at the Project Site currently infiltrates the pervious surfaces at the Project Site or flows into the adjacent street system and into municipal storm drains. As described above under thresholds question 9.a), during construction, the Project would prepare and implement an Erosion Control Plan and implement site-specific, construction phase appropriate, and seasonally appropriate BMPs for the prevention of sediment erosion. Operation of the Project would direct all stormwater to a catch basin in the landscaped area adjacent to S. Tippecanoe Avenue prior to any overflow discharge into the municipal storm drain network. Although the Project would increase the amount of impermeable surface area at the Project Site, the Project would be required to demonstrate erosion and siltation prevention through the long-term operation, maintenance, and inspection of BMPs designed to mitigation such occurrences in accordance with SARWQCB and City regulations. As such, impacts related to erosion and siltation resulting from alteration of drainage patterns would be less than significant and no mitigation measures are required. 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. Refer to threshold question 9.c), above. Further, calculations done as part of the PWQMP for the Project determined that the Project would result in a reduction of both the amount and rate of runoff from the Project Site. As such, impacts related to flooding resulting from alternation of drainage patterns would be less than significant and no mitigation measures are required. 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. The Project would increase the amount of impervious surface area; however, as described in threshold question 9.a), above, stormwater at the Project Site would be directed toward a catch basin in the landscaped area adjacent to S. Tippecanoe Avenue prior to any overflow discharge into the municipal storm drain. Grading and drainage improvement plans would be prepared for the Project, consistent with federal, State, and local water quality requirements. Further, calculations done as part of the PWQMP for the Project determined that the Project would result in a reduction of both the amount and rate of runoff from the Project Site. As such, the Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The City’s existing stormwater infrastructure would be adequate to accommodate stormwater runoff from the Project Site, which would not increase in rate or amount as compared to existing conditions. Accordingly, impacts would be less than significant and no mitigation measures are required. f) Otherwise substantially degrade water quality? Less Than Significant Impact. Discharge from the Project through stormwater facilities would consist of non-point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediment. Typical urban water 20.j Packet Pg. 660 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -56- City of San Bernardino, California quality pollutants usually result from motor vehicle operations, oil and grease residues, fertilizer/pesticide uses, and careless material storage and handling. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry-season period. However, as discussed in threshold question 9.a), the Project would include a catch basin in the landscaped area adjacent to S. Tippecanoe Avenue to retain and treat stormwater prior to any overflow discharge into the municipal storm drain. Further, the car wash would include a gray water recycling system, which would collect, treat, and filter gray water from previous wash cycles for use with future car wash cycles (except for the final rinse). The car wash tunnel would be fully contained, with no wash/rinse gray water leaving the wash tunnel and no stormwater entering. Through the use of this enclosed gray water recycling system, little or no gray water would be discharged into the municipal sewer system for wastewater treatment. Thus, the gray water would not degrade water quality on site. As such, impacts related to the degradation of water quality would be less than significant and no mitigation measures are required. g) Place housing within a 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 area is not located within an area determined by the Federal Emergency Management Agency (“FEMA”) to be susceptible to flooding, including a 100-year flood hazard area.28 No housing is proposed or would be required by implementation of the Project. Therefore, no flood related impacts to housing would occur and no mitigation measures are required. h) 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 100-year flood hazard area. Refer to threshold question 9.g), above. Therefore, no flood related impacts would occur and no mitigation measures are required. i) 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? Less Than Significant Impact. As previously stated, the Project does not propose any new housing or building structures within the 100-year flood plain. Additionally, the Project is not located in a flood zone hazard area for the Santa Ana River or Zanja Creek.29 However, the Project Site is located within the inundation area for the Seven Oaks Dam.30 The dam was designed to resist an earthquake measuring Magnitude 8.0 on the Richter scale, with any point able to sustain a displacement of four feet without causing any overall structural damage.31 An earthquake event of this magnitude is extremely unlikely. If a flooding event occurred, occupants of the Project Site (employees and customers) would follow existing evacuation procedures, as under present conditions, or other hazard mitigation plans in effect at the time to minimize or avoid potential risks to public safety. Therefore the potential to 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 is considered less than significant and no mitigation measures are required. 28 Federal Emergency Management Agency, National Flood Insurance Rate Map, Flood Insurance Rate Map, San Bernardino County, California and Incorporated Areas, Panel 8684 of 9400, Map Number 06071C8684J, September 2, 2016. 29 Ibid. 30 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-2: Seven Oaks Dam Inundation Map, November 1, 2005, page 10-15. 31 City of San Bernardino, General Plan, Chapter 10: Safety, November 1, 2005, page 10-10. 20.j Packet Pg. 661 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -57- City of San Bernardino, California j) Inundation by seiche, tsunami, or mudflow? No Impact. The Project Site is located more than 50 miles from the Pacific Ocean, which eliminates the potential for a tsunami to impact the Project area. Additionally, no large bodies of water such as lakes or reservoirs that would experience seiche are located within a 2-mile radius of the Project Site. The Project Site and surrounding area are flat and no hillsides, which would be subject to mudflow, exist in the vicinity. Further, the Project Site is not located within an area susceptible to landslides (which includes mudslides) as delineated by the County or the City.32, 33 As such, no impacts related to seiche, tsunami, or mudflow would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 10. 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. A significant impact may occur if a project were sufficiently large enough or otherwise configured in such a way as to create a physical barrier within an established community (a typical example would be a project which involved a continuous right-of-way such as a roadway which would divide a community and impede access between parts of the community). The Project is not of the scale or nature that could physically divide an established community. The Project Site is located within an urban area and is consistent with the existing physical arrangement of the properties within the vicinity of the Project Site. Further, no streets or sidewalks would be permanently closed as a result of the development of the Project. No separation of uses or disruption of access between land use types would occur as a result of the Project. Therefore, implementation of the Project would not disrupt or divide the physical arrangement of the established community. No impact would occur and no mitigation measures are required. 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? Less Than Significant Impact. A significant impact may occur if a project is inconsistent with the General 32 County of San Bernardino, General Plan, Land Use Plan, Geologic Hazard Overlays, Map FH30C, 2009. 33 City of San Bernardino, General Plan, Chapter 10: Safety, Figure S-7: Slope Stability and Major Landslides Map, November 1, 2005, page 10-33. 20.j Packet Pg. 662 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -58- City of San Bernardino, California Plan or zoning designations currently applicable to a project site and would cause adverse environmental effects, which the General Plan and zoning ordinance are designed to avoid or mitigate. Applicable Land Use Policies and Regulations At the regional/subregional level, development within the Project Site is subject to the following: • Southern California Association of Governments’ (SCAG) Regional Comprehensive Plan; • SCAG’s 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy; and • South Coast Air Quality Management District’s 2007 Air Quality Management Plan. At the City level, development within the Project Site is subject to the following: • City of San Bernardino General Plan; and • San Bernardino Development Code. An overview of each of these plans and regulations is provided below. However, not every policy or goal of these plans is intended to mitigate or avoid environmental impacts. Where a policy is not intended to mitigate or avoid an environmental impact, consistency with that policy may not be relevant to an environmental impact analysis. Southern California Association of Governments The goals and policies in the SCAG plans only address projects considered to be regionally significant. SCAG reviews projects and plans throughout its jurisdiction to monitor regional development. In the Southern California region, SCAG acts as the region’s “clearinghouse” and collects information on projects of varying size and scope to provide a central point to monitor regional activity. The Project is not considered to be a regionally significant project. As such, the Project is not required to demonstrate consistency with SCAG regional planning policies contained in the Regional Comprehensive Plan and 2016-2040 RTP/SCS. South Coast Air Quality Management District The Project Site is located within the Basin and is, therefore, within the jurisdiction of SCAQMD. In conjunction with SCAG, SCAQMD is responsible for formulating and implementing air pollution control strategies. It has responded to this requirement by preparing a series of AQMPs. The most recent of these was adopted by the Governing Board of SCAQMD on March 3, 2017. This AQMP, referred to as the 2016 AQMP, was prepared to comply with the federal and State Clean Air Acts and amendments, to accommodate growth, to reduce the high levels of pollutants in the Basin, to meet federal and State air quality standards, and to minimize the fiscal impact that pollution control measures have on the local economy. The 2016 AQMP identifies the control measures that will be implemented over a 15-year horizon to reduce major sources of pollutants. Implementation of control measures established in the previous AQMPs has substantially decreased the population’s exposure to unhealthful levels of pollutants, even while substantial population growth has occurred within the Basin. Project consistency with the AQMP is analyzed under threshold question 3.a) in the Air Quality section, above. City of San Bernardino General Plan Land uses on the Project Site are guided by the City’s General Plan. The General Plan sets forth goals, 20.j Packet Pg. 663 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -59- City of San Bernardino, California objectives, and programs to provide a guideline for day-to-day land use policies and to meet the existing and future needs and desires of the community, while integrating a range of State-mandated elements including Land Use, Housing, Economic Development, Community Design, Circulation, Public Facilities and Services, Parks, Recreation and Trails, Utilities, Safety, Historical, Natural Resources, Energy, and Noise. The Land Use Element of the General Plan designates the general distribution and intensity of land uses and provides general development guidelines and policy direction for the use and development of land within the planning area. It designates general site development standards and the distribution, location, and extent of land uses, such as housing, business, industry, open space, natural resources, recreation, and public/quasi- public uses. Table 9 – Project Consistency with the Applicable Objectives and Policies of the Land Use Element of the General Plan, lists the goals and policies that are related to the Project and analyzes the Project’s consistency. Table 9 Project Consistency with the Applicable Objectives and Policies of the Land Use Element of the General Plan Objective/Policy a Project Consistency Objective 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. Consistent. The Project would be a commercial development that would be reflective of the expected visual character of the area as it would be developed in accordance with adopted land use plans, including the General Plan, which envisions a concentration of local and regional serving retail, personal service, entertainment, office, related commercial uses in the area. Therefore, the car wash is consistent with the City’s vision for the Project Site. Furthermore, the Project would include approximately 26,002 square feet of landscaping and open space (42 percent of the total site). The Project’s landscape plan includes a variety of shrubs and trees along the perimeter of the Project Site and around the proposed car wash building. Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Consistent. The proposed car wash has been designed in a manner to minimize any potential impacts to surrounding uses while redeveloping an underutilized site with an appropriate commercial use along an arterial roadway. The Project would be consistent with the existing commercial uses surrounding the Project Site and has been designed in accordance with the Development Code and the Community Design Element. Objective 2.5: Enhance the aesthetic quality of land uses and structures in San Bernardino. Consistent. The car wash would consist of a contemporary urban design format and would provide a visually attractive streetscape along S. Tippecanoe Avenue that enhances the pedestrian experience, particularly as compared to the existing condition. Overall, the Project would include approximately 26,002 square feet of landscaping and open space (42 percent of the total site). The Project’s landscape plan includes a variety of shrubs and trees along the perimeter of the Project Site and around the proposed car wash building. The proposed landscape plans include an on- site landscape buffer along S. Tippecanoe Avenue further enhancing the aesthetic quality of the area. Policy 2.5.4: Require that all new structures achieve a high level of architectural design and provide a Consistent. The Project would be comprised of a low-scale car wash that would be reflective of the expected visual 20.j Packet Pg. 664 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -60- City of San Bernardino, California Table 9 Project Consistency with the Applicable Objectives and Policies of the Land Use Element of the General Plan Objective/Policy a Project Consistency careful attention to detail. character of the area as it would be developed in accordance with adopted land use plans, including the General Plan, which envisions a concentration of local and regional serving retail, personal service, entertainment, office, related commercial uses in the area. The Project would be designed with modern elements, utilizing materials such as concrete, metal and glazing elements. Roof lines are broken up by varying horizontal and vertical planes that are functional as well as visually appealing. Thus, the overall design seeks to provide visual interest along S. Tippecanoe Avenue. Policy 2.5.6: Require that new developments be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of: a. The site’s natural topography and vegetation; b. Surrounding exemplary architectural design styles; c. Linkages to pedestrian, bicycle, and equestrian paths; d. The use of consistent fencing and signage; e. The provision of interconnecting greenbelts and community amenities, such as clubhouses, health clubs, tennis courts, and swimming pools; f. The use of building materials, colors, and forms that contribute to a “neighborhood” character; g. The use of extensive site landscaping; h. The use of consistent and well designed street signage, building signage, and entry monumentation; i. A variation in the setbacks of structures; j. The inclusion of extensive landscape throughout the site and along street frontages; k. The articulation of building facades to provide interest and variation by the use of offset planes and cubic volumes, building details, balconies, arcades, or recessed or projecting windows, and other techniques which avoid “box”-like structures; l. The integration of exterior stairways into the architectural design; m. The screening of rooftop mechanical equipment; n. The use of a consistent design through the use of unifying architectural design Consistent. The car wash would consist of a contemporary urban design format and would provide a visually attractive streetscape along S. Tippecanoe Avenue that enhances the pedestrian experience, particularly as compared to the existing condition. Overall, the Project would include approximately 26,002 square feet of landscaping and open space (42 percent of the total site). The Project’s landscape plan includes a variety of shrubs and trees along the perimeter of the Project Site and around the proposed car wash building. New Project signage would be used for business identification, wayfinding, liability disclosures, and car wash service menu options and would conform to the SBMC. Furthermore, the Project would be designed with modern elements, utilizing materials such as concrete, metal and glazing elements. Roof lines are broken up by varying horizontal and vertical planes that are functional as well as visually appealing. 20.j Packet Pg. 665 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -61- City of San Bernardino, California Table 9 Project Consistency with the Applicable Objectives and Policies of the Land Use Element of the General Plan Objective/Policy a Project Consistency elements, signage, lighting, and pedestrian areas; o. The provision of art and other visual amenities; p. The inclusion of awnings, overhangs, arcades, and other architectural elements to provide protection from sun, rain, and wind; and q. The location of parking at the rear, above, or below the ground floor of non- residential buildings to enhance pedestrian connectivity. Policy 2.7.5: Require that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands and mitigate its impacts. Consistent. As discussed in the Utilities section, below, the Project would be within the City of San Bernardino Municipal Water Department’s (“SBMWD”) current and projected available water supplies. As such, SBMWD would be able to meet the water demand of the Project, as well as existing and planned future water demands of its service area. Further, the Project would not exceed the available capacity within the distribution infrastructure that would serve the Project Site. Policy 2.8.1: Ensure that all structures comply with seismic safety provisions and building codes. Consistent. As discussed in the Geology and Soils section, above, the Project would be designed and constructed in conformance with the CBC, including Section 1613 – Earthquake Loads, and locally adopted seismic-design-related measures. Further, the Project would be required to implement all design and construction recommendations in the final geotechnical evaluation prepared for the Project. Conformance with standard engineering practices and design criteria would reduce the effects of seismic ground shaking to a less than significant level. Policy 2.8.3: Encourage projects to incorporate the Crime Prevention Through Environmental Design (CPTED) and defensible space techniques to help improve safety. Consistent. As discussed in the Public Services section, below, the increase in employees and customers to the Project Site is not anticipated to increase demand for police- protection services to levels where additional staff would be required to accommodate the additional demand. The building and layout design of the Project would include crime prevention features, such as nighttime security lighting and exterior surveillance cameras. a City of San Bernardino, The General Plan Land Use Element, November 1, 2005. Source (table): EcoTierra Consulting, May 2018. Furthermore, the City’s General Plan identifies the Project Site as within the Southeast Strategic Area, which includes the area bounded by the BNSF railroad to the north, Interstate 10 to the south, S. Tippecanoe Avenue to the west, and Mountain View Avenue and the City of Redlands to the east. The purpose of the Southeast Strategic Area is to improve conditions of the residential neighborhoods located within this area. As previously discussed, the Project Site fronts a major arterial, S. Tippecanoe Avenue, with commercial uses located to the northwest, west, and south. While one of the four parcels at the Project Site is designated for 20.j Packet Pg. 666 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -62- City of San Bernardino, California residential uses, which the Project proposes to re-designate as commercial, the majority of the Project Site is designated for commercial uses, and is not considered as part of a residential neighborhood. Re-designating and re-zoning the aforementioned residential parcel would better facilitate the site for commercial land use in a development pattern envisioned by the General Plan along S. Tippecanoe Avenue by providing a uniform and cohesive site for feasible utilization of the existing commercial parcels for an appropriate commercial development. Specifically, as can be seen in Figure 11 – Existing Zoning, re-designating and re-zoning the residential parcel would result in a site that would complement the width of the existing commercial parcel that makes up the northern portion of the site (1155 E. Gould Street) and alleviating the limited development potential of the existing commercial parcels in the southwest of the site (1659 and 1695 S. Tippecanoe Avenue), thereby allowing for a viable commercial development at the site that in consistent with the intent of the General Plan. Therefore, the Project would be consistent with the applicable objectives and policies of the Land Use Element of the General Plan. City of San Bernardino Development Code The City’s Development Code is the primary tool for implementing the General Plan and provides development standards, identifies allowed uses, and specifies other regulations. The Development Code provides detailed guidance for development based on and consistent with land use policies established in the General Plan. Furthermore, the City’s zoning map corresponds with the General Plan designations. Three of the four parcels that comprise the Project Site are designated Commercial by the General Plan and zoned as Commercial General-1 (1659–1695 S. Tippecanoe Avenue and 1155 E. Gould Street). The remaining parcel is designated Multi-Family Residential and zoned as Residential Medium High (1158 E. Davidson Street). The Commercial General-1 is intended for local and regional serving retail, personal service, entertainment, office, and related commercial uses and the Residential Medium High is intended for multi-family uses. The proposed car wash use is not consistent with the Residential Medium High General Plan land use designation. As discussed in the Project Description, the Project Applicant is requesting a General Plan Amendment to amend the land use designation for the parcel at 1158 E. Davidson Street (APN 0281-131-28) from Multi-Family Residential to Commercial, and a Development Code/Zoning Map Amendment of that parcel from Residential Medium High to Commercial General-1 in order to provide a uniform land use designation and zoning to the Project Site and to permit development of the Project as proposed. The Project consists of 5,486 square feet of total development, on a proposed 61,420 square foot lot. The proposed floor-to-area ratio (“FAR”) of 0.09:1 is well below the maximum FAR of 0.7:1 allowed in the CG-1 zoning. Although the Project would not be consistent with the existing General Plan land use and zoning designation for the residential parcel, such an inconsistency would only be considered significant if it were to result in significant, adverse effects to the environment. As previously discussed, the land uses to the west of the Project Site are designated Commercial by the General Plan and zoned Commercial Regional-3 (Commercial Regional Tri-City/Club). Land uses along the east side of S. Tippecanoe Avenue, south of the Project Site, are designated Commercial by the General Plan and zoned Commercial General-1. The Project Site fronts S. Tippecanoe Avenue, which is designated as a Major Arterial, and will be an added commercial use to the area. Therefore, the Project would be developed consistent with the development patterns of the existing and planned land uses surrounding and in the immediate vicinity of the Project Site. San Bernardino Transit Overlay Districts The Project is located within the boundaries of the Hospitality Lane/Tippecanoe Avenue Transit Station Area 20.j Packet Pg. 667 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -63- City of San Bernardino, California of the City’s Transit Overlay District (“TD”). The intent of the TD is to allow and encourage an appropriate mix and intensity of land uses in a compact pattern around transit stations that would foster transit usage, create new opportunities for economic growth, encourage infill and redevelopment, reduce dependency on the automobile, improve air quality, and promote high quality, interactive neighborhoods.34 The TD establishes standards and regulations beyond those required by the underlying base zones and apply to all new structures. The Hospitality Lane/Tippecanoe Avenue Transit Station Area is classified as an Employment Center Station, which is defined as a station that serves a concentrated employment area within the City. Table 10 – Transit District Overlay Development Guidelines, outlines the standards and regulations that apply to new commercial development in Employment Center Station Areas within the TD. Table 10 Transit District Overlay Development Guidelines Guidelines a Project Consistency Building Height: Maximum 75 feet/6 Stories Consistent. The one-story car wash would reach a maximum height of approximately 22.5 feet. Ground Floor Transparency: The ground floor building façade facing a street frontage line shall consist of 50% glass doors, windows, or other transparent materials in the Employment Center Station Area. Inconsistent. The Project would construct an approximately 150-foot single tube automated indoor express car wash within an approximately 5,486- square-foot one-story car wash building. A 50% ground floor transparency would not be feasible given the proposed use and design of the Project. However, the Project’s western façade, which is oriented toward S. Tippecanoe Avenue, includes a glass store front near the center of the elevation. Entrance Orientation: Within the Employment Center Station area types, all ground-floor building facades fronting a primary street shall feature the building’s main entrance. Inconsistent. The Project would construct an approximately 150-foot single tube automated indoor express car wash within an approximately 5,486- square-foot one-story car wash building. The Project’s landscape plan includes a variety of shrubs and trees along the perimeter of the Project Site and around the proposed car wash building to soften the visual impacts of the building. Moreover, given the proposed use and design, it would not be feasible from a roadway circulation and safety standpoint to have the primary entrance along S. Tippecanoe Avenue. Permitted and Conditionally Permitted Uses: Car Washes are prohibited. Conditionally Consistent. An amendment (Ordinance No. MC-1404) was made in 2014 to the TD that allows for exceptions to the prohibited uses as long as the project stimulates economic development activity subject to a Conditional Use Permit (“CUP”). The Project is requesting a CUP. a City of San Bernardino Development Code, 19.02.060. Source (table): EcoTierra Consulting, May 2018. As discussed in the Project Description, the Project Applicant is requesting a CUP. With approval of the CUP, the Project would be compliant with the TD. Moreover, the guidelines to which the Project is inconsistent, as shown in Table 10, above, are not intended to mitigate or avoid environmental impacts. As such, an environmental impact would not result from the Project in regards to the TD. 34 City of San Bernardino Development Code, 19.02.060. 20.j Packet Pg. 668 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -64- City of San Bernardino, California Overall, the Project would not conflict with any applicable land use plan, policy, or regulation. Impacts would be less than significant and no mitigation measures are required. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. A significant adverse effect could occur if a project site were located within an area governed by a habitat conservation plan or natural community conservation plan. The Project is located within an urbanized area and is currently developed with two separate single-family residences. As discussed in the response to threshold question 4.a) in Biological Resources section, above, the Project Site is not identified as being within a habitat conservation plan or natural community conservation plan; as such, the Project would not conflict with any such plans. Therefore, no impact would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 11. 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. A significant impact may occur if the project site is located in an area used or available for extraction of a regionally-important mineral resource, or if the project development would convert an existing or future regionally-important mineral extraction use to another use, or if the project development would affect access to a site used or potentially available for regionally-important mineral resource extraction. According to the City’s General Plan Natural Resources and Conservation Element, several areas within San Bernardino have been classified as Mineral Resource Zone 2 (“MRZ-2”), indicating the existence of a construction aggregate deposit that meets certain State criteria for value and marketability based solely on geologic factors. The Natural Resources and Conservation Element indicates that the Project Site is not located in a zone in which mineral resources of any type are known to exist. Furthermore, as mapped by the California Department of Conservation, the Project Site is fully developed and no oil wells are present on the Project Site or proximate to the Project Site.35 No classified or designated mineral deposits of regional or Statewide significance are known to occur on the Project Site.36 Therefore, the Project would have no impact and no mitigation measures are required. 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? 35 California Department of Conservation, Division of Oil, Gas & Geothermal Resources-Well Finder, website: https://maps.conservation.ca.gov/doggr/wellfinder/#close, accessed May 2018. 36 City of San Bernardino General Plan, Figure NRC-3, Natural Resources and Conservation Element. 20.j Packet Pg. 669 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -65- City of San Bernardino, California No Impact. A significant impact may occur if the project site is located in an area used or available for extraction of a locally-important mineral resource, or if the project development would convert an existing or future locally-important mineral extraction use to another use, or if the project development would affect access to a site used or potentially available for locally-important mineral resource extraction. The Project Site is not identified as a locally-important mineral resource recovery site on any City plans.37 Therefore, implementation of the Project would not result in the loss of availability of a locally-important mineral resource recovery site and no impact would occur. No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 12. 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 groundborne vibration or groundborne 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? The following information utilized in this section of the Initial Study in based, in part, on the Operational Noise Study for a Proposed Fast5Xpress Car Wash in the City of San Bernardino (“Noise Report”) prepared for the Project by Advanced Engineering Acoustics on March 16, 2018, which is hereby incorporated by reference. This document is provided as Appendix F to this IS/MND. 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? Potentially Significant Impact Unless Mitigated. A significant impact may occur if the project would generate excess noise that would cause the ambient noise environment at the Project Site to exceed noise level standards. Sound Fundamentals Physically, sound pressure magnitude is measured and quantified in terms of the decibel (“dB”), which is 37 Ibid. 20.j Packet Pg. 670 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -66- City of San Bernardino, California associated with a logarithmic scale based on the ratio of a measured sound pressure to the reference sound pressure of 20 micropascal. However, the decibel system can be very confusing. For example, doubling or halving the number of sources of equal noise output (a 2-fold change in acoustic energy) changes the noise level at the receptor by only 3 dB, which is a barely perceptible sound change for humans. While doubling or halving the sound loudness at the receptor results in a 10 dB change and also represents a 10-fold change in the acoustic energy. The human hearing system is not equally sensitive to sound at all frequencies. Because of this variability, a frequency-dependent adjustment called “A-weighting” has been devised so that sound may be measured in a manner similar to the way the human hearing system responds. The A-weighted sound level is abbreviated “dBA.” City Noise Standards The City has established residential community noise limits to ensure that all segments of the community will be protected from excessive noise intrusion. The applicable noise standards are contained within Chapter 14. Noise Element of the City of San Bernardino General Plan, limits residential private yard noise to 65 dBA CNEL, or less. The most restrictive case of the City noise standard would be when the actual operating hours are outside the daytime hours before 7 AM and after 7 PM. The City Noise Ordinance (Section 19.20.030.15 of the Development Code) specifies the maximum acceptable levels of noise for residential uses in the City. These standards indicate that noise at residential exterior locations should not exceed a CNEL of 65 dBA while interior noise shall not exceed a CNEL of 45 dBA in any habitable room. Unabated Project Noise Model and Modeling Results The planned hours of operation of the proposed car wash are between 7:00 AM and 7:00 PM seven days a week during the winter season, and 7:00 AM to 8:00 PM seven days a week during the rest of the year. The Project layout noise model is shown in Figure 12 – Noise Model Layout with Car Wash Noise Sources and Nearby Receivers, and has 12 idling patron vehicles as the most queued up for a car wash at a time. In addition, there are 24 vacuum stations and 24 air nozzles (an air nozzle at each vacuum station). An equipment room contains small pumps and the central vacuum tank. Computer modeling was conducted of the interior car wash equipment noise (transmitted through the car wash tunnel exit opening, entrance opening, the tunnel walls and tunnel roof) and the external vacuums and air nozzles. On-site patron vehicles have been modeled assuming a worst-case scenario of 12 queued idling vehicles and 17 low speed vehicle movements approaching and departing. Also, it is assumed there are 24 vehicles being vacuumed and 24 air nozzles operating at once, which is the maximum possible. Modeling was conducted using the SoundPLAN, software version 7.4, community noise modeling software. It is very unlikely that the worst-case conditions would actually occur, but the results of such an occurrence are given in Table 11 – Unabated Worst-Case Car Wash Noise at Model Receptors, and Figure 13 – Unabated Car Wash Worst-Case Noise Contours with Receptor Locations, which show the worst-case scenario noise for unabated car wash operations. The unabated express car wash equipment noise modeling shows that most of the nearby receivers would not be in compliance with the residential noise limits and thus the Project would require noise abatement. 20.j Packet Pg. 671 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -67- City of San Bernardino, California Table 11 Unabated Worst-Case Car Wash Noise at Model Receptors Receiver Number Receiver CNEL, Limit dB(A) CNEL dB(A) CNEL, diff dB(A) 1 East Residence Back Yard 65 60.4 --- 2 East Residence Front Yard 65 66.1 1.1 3 No. Residence Left 65 70.0 5.0 4 No. Residence Right 65 69.5 4.5 5 SE Residence Side Yard 65 63.9 --- 6 So. Residence Front Yard 65 67.7 2.7 Note: Site ambient noise not included in the projected car wash noise. Source: Advanced Engineering Acoustics, March 2017. Abated Project Noise Model and Modeling Results To bring the car wash operations noise into compliance, relevant Project design features include a six-foot eight-inch tall concrete block wall be constructed along the Project’s east property line to reduce noise exposure to residences on that side of the Project. In order to adequately reduce the tunnel entrance and exit noise at the northerly and southerly residences, mitigation measure MM NOI is required to attenuate noise impacts at these sensitive receptors. This mitigation measure requires that the Project tunnel walls be lined with a 1-inch thick Pyrok™ noise absorbent material extending 30 feet into the tunnel from each end. Table 12 – Abated Worst-Case Car Wash Noise at Model Receptors, shows the predicted abated Project noise near the six modeled residential locations with both the eastern property line wall (Project design feature) and tunnel sound abatement wall coating (mitigation measure MM NOI 1). Again, it is very unlikely that the worst-case conditions would actually occur, but the results of such an occurrence are given in Table 12 and Figure 14 – Abated Car Wash Worst-Case Noise Contours with Receptor Locations, which shows the worst-case scenario noise contours for abated car wash operations. The abated Project noise modeling shows that all nearby receivers would be in compliance with the residential noise limits. Table 12 Abated Worst-Case Car Wash Noise at Model Receptors Receiver Number Receiver CNEL, Limit dB(A) CNEL dB(A) CNEL, diff dB(A) 1 East Residence Back Yard 65 56.7 --- 2 East Residence Front Yard 65 58.4 --- 3 No. Residence Left 65 62.1 --- 4 No. Residence Right 65 62.0 --- 5 SE Residence Side Yard 65 56.1 --- 6 So. Residence Front Yard 65 60.6 --- Note: Site ambient noise not included in the projected car wash noise. Source: Advanced Engineering Acoustics, March 2017. Remainder of Page Intentionally Blank 20.j Packet Pg. 672 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 12 Noise Model Layout with Car Wash Noise Sources and Nearby Receivers MELROSE AVENUE Source: Advanced Engineering Acoustics, March 2017. Proposed San Bernardino Fast5Xpress Car Wash Noise Study Advanced Engineering Acoustics 4 Figure 3. Noise Model Layout with Car Wash Noise Sources and Nearby Receivers 20.j Packet Pg. 673 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 13 Unabated Car Wash Worst-Case Noise Contours with Receptor Locations Proposed San Bernardino Fast5Xpress Car Wash Noise Study Advanced Engineering Acoustics 5 Figure 4. Unabated Car Wash Worst-Case Noise Contours with Receptor Locations 5. Abated Project Noise Model and Modeling Results To bring the car wash operations noise into compliance, the project design calls for an 6-foot 8- inch high solid wall be constructed along the projects east property line to reduce noise exposure to residences on that side of the project. In order to adequately reduce the tunnel entrance and exit noise at the northerly and southerly residences, AEA recommends that the project tunnel walls be lined with a 1-inch thick Pyrok™ noise absorbent material extending 30 feet into the tunnel from each end. Table 2 shows the predicted abated project noise near the six modeled residential locations with both the eastern property line wall and tunnel sound abatement wall coating. Again, it is very unlikely that the worst-case conditions would actually occur, but the results of such an occurrence are given in Table 2 and Figure 5, which shows the worst-case scenario noise contours for abated car wash operations. Ambient noise is not factored into the abated noise model results. The abated express car wash equipment noise modeling shows that all nearby receivers would be in compliance with the residential noise limits. MELROSE AVENUE Source: Advanced Engineering Acoustics, March 2017. 20.j Packet Pg. 674 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 14 Abated Car Wash Worst-Case Noise Contours with Receptor Locations Proposed San Bernardino Fast5Xpress Car Wash Noise Study Advanced Engineering Acoustics 6 Table 2. Abated Worst-Case Car Wash Noise* at Model Receptors *Site ambient noise not included in the projected car wash noise. Figure 5. Abated Car Wash Worst-Case Noise Contours with Receptor Locations MELROSE AVENUE Source: Advanced Engineering Acoustics, March 2017. 20.j Packet Pg. 675 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -71- City of San Bernardino, California Conclusion Based on noise modeling experience and measurements at similar car washes taken by Advanced Engineer Acoustics, it has been shown that the Project would be less noisy than the residential limits of the City noise standard. Primarily this conclusion is based on the fact that the proposed abated car wash operations noise has been shown to generate less noise operating at full capacity throughout the entire car wash operating period. Thus, the Project would not surpass the residential noise limits and no additional noise abatement would be necessary. While not required as mitigation, it is recommended that signage should be posted to request patrons not use their entertainment systems and radios while at the car wash vacuuming stations so as not to cause any nuisance noise at the adjacent residences. Implementation of the mitigation measure identified below would reduce noise impacts to less than significant levels. Mitigation Measure MM NOI 1 The tunnel walls shall be lined with a 1-inch thick Pyrok™ noise absorbent material extending 30 feet into the tunnel from each end. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. A significant impact may occur if a project were to generate excessive vibration during construction or operation. Vibration is sound radiated through the ground. The rumbling sound caused by the vibration of room surfaces is called groundborne noise. The ground motion caused by vibration is measured as particle velocity in inches per second and, in the U.S., is referenced as vibration decibels (“VdB”). The background vibration velocity level in residential areas is usually around 50 VdB. The vibration velocity level threshold of perception for humans is approximately 65 VdB. A vibration velocity level of 75 VdB is the approximately dividing line between barely perceptible and distinctly perceptible levels for many people. Most perceptible indoor vibration is caused by sources within buildings such as operation of mechanical equipment, movement of people, or the slamming of doors. Typical outdoor sources of perceptible groundborne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. If a roadway is smooth, the groundborne vibration from traffic is rarely perceptible. The range of interest is from approximately 50 VdB, which is the typical background vibration velocity level, and 100 VdB, which is the general threshold where minor damage can occur in fragile buildings. The Federal Transit Association (“FTA”) guidelines identify a level of 80 VdB for sensitive land uses. This threshold provides a basis for determining the relative significance of potential Project related vibration impacts. During construction, the excavation and removal/demolition activities has limited potential to create some vibration at the nearest sensitive receptors adjacent to the Project Site. The proposed construction does not include activities that would generate substantial ground vibration. Specifically, there would be no pile driving or major earth moving activities associated with the Project construction. Removal of pavement may require some jackhammer and loader activities, but these activities do not generate enough vibration energy to adversely impact adjacent structures. Based on the type of equipment and construction activities required to construct the Project, the vibration impacts are forecast to be less than significant and no mitigation measures are required. 20.j Packet Pg. 676 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -72- City of San Bernardino, California c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Unless Mitigated. A significant impact may occur if the project were to result in a substantial permanent increase in ambient noise levels above existing ambient noise levels without the project. As previously discussed in threshold question 12.a) in this Noise section, above, with the incorporation of mitigation measure MM NOI 1 as well as the Project design feature for a concrete block wall along the east property line, the Project would not surpass the residential noise limits and no additional noise abatement would be necessary. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Unless Mitigated. A significant impact may occur if a proposed project were to result in a substantial temporary or periodic increase in ambient noise levels above existing ambient noise levels without the project. The Project would involve construction that has the potential to cause short-term significant noise impacts. Construction activities involve demolition of the existing structures and asphalt and concrete removal and grading. These activities would result in noise generated by dozers, pavers, air compressors, welders, generators, and other noise making equipment required to complete construction. Exterior noise-generating construction activities would be restricted to the hours identified in the SBMC Section 8.54.070, which are 7:00 AM to 8:00 PM seven days a week. Construction equipment generates noise levels that range between 75 and 90 dBA at a distance of 50 feet. Adjacent residences are within the 50 feet of the Project Site. However, the short-term noise impacts associated with the Project construction are estimated to be less than significant through compliance with the SBMC and through implementation of the mitigation measures MM NOI 2 and MM NOI 3 listed below. Mitigation Measures MM NOI 2 Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. MM NOI 3 The Project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. 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? Less Than Significant Impact. The Project is located 1.5 miles southwest of SBD; however, the Project Site is not located within a modeled existing or ultimate noise contour.38 Therefore, impacts would be less than significant and no mitigation measures are required. 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? 38 San Bernardino International Airport, Airport Layout Plan Narrative Report, November 2010, Exhibit 4H – Existing and Ultimate Noise Contours, website: http://www.sbiaa.org/wp-content/uploads/2015/10/ALP-Narrative-Report- Complete.pdf, accessed May 2018. 20.j Packet Pg. 677 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -73- City of San Bernardino, California No Impact. The Project Site is not located within the vicinity of a private airstrip. The private airport nearest to the Project Site is Lake Arrowhead Airport, located approximately 17.25 miles northeast of the Project Site. Accordingly, the Project would not expose people residing or working in the project area to excessive noise levels. No impact would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 13. POPULATION & 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 replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement 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)? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if a project would locate new development such as homes, businesses, or infrastructure, with the effect of substantially inducing growth in the project area that would otherwise not have occurred as rapidly or in as great a magnitude. Construction Impacts The Project would involve the construction of an approximately 150-foot single tube automated indoor express car wash within an approximately 5,486-square-foot one-story car wash building, and associated surface parking lot. Construction would result in increased employment opportunities in the construction industry. However, it is not likely that construction workers would relocate their households as a result of their employment associated with construction of the Project. The construction industry differs from other employment sectors in that many construction workers are highly specialized and move from job site to job site as dictated by the demand for their skills, and they remain at a job site for only the timeframe in which their specific skills are needed to complete a particular phase of the construction process. Therefore, construction workers employed for the Project would not likely relocate their place of residence as a result of working on the Project. Further, it is likely that the construction workers employed for the construction of the Project would be taken from the labor pool currently residing in the City or in the region. Impacts on population and housing due to construction activities would be less than significant and no mitigation measures are required. Operational Impacts The Project does not include any residential land uses and, therefore, would not result in a direct population increase from construction of new homes. Further, the Project does not include the extension of roads or other infrastructure. However, the increase of 5,486 square feet of new commercial construction associated with the Project could result in an indirect population increase in the event that employees relocate to the 20.j Packet Pg. 678 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -74- City of San Bernardino, California City in the future. As part of its comprehensive planning process for the Southern California region, SCAG provides growth forecasting data, including City-specific forecasts. As shown in Table 13 – Employment Forecasts for the City of San Bernardino, SCAG estimated that approximately 88,900 employment opportunities were provided within the City in 2012, and SCAG forecasts that employment will increase to 102,500 employment opportunities by 2020, 125,200 employment opportunities by 2035, and 128,900 employment opportunities by 2040. Specifically, SCAG forecasts the City will add approximately 13,600 employment opportunities between 2012 and 2020, approximately 22,700 employment opportunities between 2020 and 2035, and approximately 3,700 employment opportunities between 2035 and 2040. Table 13 Employment Forecasts for the City of San Bernardino SCAG Forecast 2012 2020 2035 2040 Employment 88,900 102,500 125,200 128,900 Source: Southern California Association of Governments, 2016-2040 RTP/SCS Final Growth Forecast by Jurisdiction, April 2016. Per the General Plan, employment for commercial, industrial, and office land uses are calculated by dividing the total number of building square feet by the square feet per employee factor. The square feet per employee factor for Commercial General-1 is 300 square feet per employee.39 Therefore, because the building is proposed to be approximately 5,486 square feet, the calculated number of employees to be generated by the Project would be approximately 18 (5,486 ÷ 300 =18). Given the nature of the proposed use as a car wash and the majority of the square footage encompasses the car wash tunnel and associated electric and equipment rooms, this estimation represents a highly conservative number. The car wash operator estimates that approximately five employees would be generated by the Project. Regardless, conservatively assuming the higher employee estimate based on square footage for a commercial structure within the Commercial General-1 zone, the Project would account for approximately 0.13 percent of the estimated increase of employment opportunities in the City from 2012 to 2020; and would account for 0.02 percent of the employment opportunities in the City in 2020 and approximately 0.01 percent in both 2035 and 2040. Thus, the employees generated by the Project would be well within SCAG’s employment forecast. Therefore, impacts would be less than significant and no mitigation measures are required. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if a project would result in the displacement of a substantial number of existing housing units, necessitating construction of replacement housing elsewhere. The Project would demolish the two existing on-site residences and additional small structures associated with these residences (i.e., three sheds and a detached garage). The persons residing in these two structures would need to relocate. This displacement, when considered in relation to the available housing stock and proposed residential development throughout the City would be statistically negligible, and construction of replacement housing would not be required according to City standards. Therefore, the loss of these two residential units is considered to be less than significant in terms of housing availability and no mitigation measures are required. 39 City of San Bernardino General Plan, Appendix 5. Methodology, November 1, 2005. 20.j Packet Pg. 679 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -75- City of San Bernardino, California c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. For the purpose of this issue, a significant impact could occur if a project would result in the displacement of a substantial amount of existing residents, necessitating the construction of replacement housing elsewhere. As discussed in the response to threshold question 13.b), above, there are two residential uses currently on the Project Site. The persons residing in these two structures would need to relocate. This displacement, when considered in relation to the available housing stock and proposed residential development throughout the City of San Bernardino would be statistically negligible, and construction of replacement housing would not be required according to City standards. Therefore, the relocation of the on-site persons is considered to be less than significant in terms of housing availability and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 14. PUBLIC SERVICES. Would the project 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 impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? Police Protection? Schools? Parks? Other public facilities? 1) Fire protection? Less Than Significant Impact. A project would normally have a significant impact on fire protection if it requires the addition of a new fire station or the expansion, consolidation or relocation of an existing facility to maintain service. Fire-protection services for the City are provided by the San Bernardino County Fire Department (“SBCFD”), which is comprised of 67 active fire stations and 1,017 fire personnel.40 The Project Site is located within SBCFD’s Division 2 – East Valley (formerly known as Division 6), and the nearest station is Fire Station No. 231 located at 450 E. Vanderbilt Way, approximately one roadway mile to the west.41 SBCFD’s adopted response time standard is five minutes or less for emergency calls for service. 40 San Bernardino County Fire Department, July 2016-June 2017 Annual Report. 41 San Bernardino County Fire Department, Fire Stations, website: http://www.sbcfire.org/FireStations.aspx, accessed: May 2018. 20.j Packet Pg. 680 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -76- City of San Bernardino, California The Project would comply with all applicable SBCFD and SBMC fire-safety regulations, as well as those established by the California Fire Code, as adopted by the SBMC, including those related to fire-protection systems (e.g., automatic sprinkler systems, life-safety alarm systems). Adherence to these regulations is anticipated to reduce the increase in demand for fire-protection services to levels where additional staff would not be required to accommodate the additional demand. Further, access to the Project Site would not be restricted and would continue to be provided through access points on E. Gould Street and E. Davidson Street. Implementation of the Project is not anticipated to increase response times to the Project Site or surrounding vicinity. As discussed below in the response to threshold question 16.a) in the Transportation/Traffic section, the Project would not result in significant impacts at any of the study intersections. Furthermore, the Project is required to comply with the provisions of SBMC 3.27.040, which requires the payment of fire protection fees that the City can use to finance the fire protection facilities. Buildout of the Project would not directly result in or require the physical construction of any new or expanded fire stations or fire protection facilities. Lastly, SBCFD would be provided an opportunity to review and comment on Project development plans before the issuance of building permits. The SBCFD review would ensure adequate emergency access, fire hydrant availability, and compliance with all applicable codes. Thus, with payment of the fire protection fees and SBCFD review, impacts would be less than significant with regard to fire-protection services and no mitigation measures are required. 2) Police protection? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if the San Bernardino Police Department (“SBPD”) could not adequately serve a project, necessitating a new or physically altered station. As with any new development, the Project would increase the need for police protection services within the City. Police protection is provided to the Project Site and the surrounding area by the SBPD, which is comprised of a main police station and has four designated geographical patrol districts, northeast, northwest, southeast, and southwest.42 SBPD has a total of 225 sworn officers and 150 professional staff members.43 The Project Site is located in the Southern Patrol Division’s Southeast District. This district is divided into seven different patrol beats, and officers are assigned to specific beats for an entire shift.44 The nearest police station is located at 710 N. D Street, approximately 4.9 roadway miles to the northwest. The Project would be required to adhere to all standards and conditions required by the City and the SBPD, including the payment of impact fees as set forth in SBMC Section 3.27.030. The law enforcement facilities fee is imposed on new residential, commercial, and industrial development and can be collected only to finance the law enforcement facilities described in SBMC Section 3.27.030. Adherence to conditions and standards identified by the City and the SBPD are required of all development within the City. While the Project would increase the need for police protection, buildout of the Project would not directly result in or require the physical construction of any new or expanded law enforcement facilities with adherence to City and SBPD requirements. Therefore, the Project would result in a less than significant impact with regard to police-protection services and no mitigation measures are required. 42 San Bernardino Police Department, Policing Districts, website: https://www.ci.san- bernardino.ca.us/cityhall/police_department/policing_district_commands/default.asp, accessed: May 2018. 43 San Bernardino Police Department, About SBPD, website: https://www.sbcity.org/cityhall/police_department/about_sbpd/about_sbpd/default.asp, accessed: May 2018. 44 San Bernardino Police Department, Policing District Commands, Southeast District Command, website: https://www.sbcity.org/cityhall/police_department/policing_district_commands/southeast_district_command/def ault.asp, accessed: May 2018. 20.j Packet Pg. 681 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -77- City of San Bernardino, California 3) Schools? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if a project includes substantial employment or population growth, which could generate a demand for school facilities that would exceed capacity. The Project Site is located within the Redlands Unified School District (“RUSD”).45 Specifically, the Project Site is located within the service boundaries of Victoria Elementary School (1505 Richardson Street in the City of San Bernardino), Beattie Middle School (7800 Orange Street in the City of Highland), and Redlands High School (840 E. Citrus Avenue in the City of Redlands).46 The Leroy F. Greene School Facilities Act of 1998 (“SB 50”) sets a maximum level of fees a developer may be required to pay to mitigate a project’s impacts on school facilities. The maximum fees authorized under SB 50 apply to zone changes, general plan amendments, zoning permits and subdivisions. Development fees are required to be paid pursuant to development conditions of approval. Pursuant to SB 50, the payment of these school fee amounts provided for in Government Code Sections 65995, 65995.5, and 65995.7 would constitute full and complete mitigation for school facilities. That is to say, SB 50 states that the exclusive method of mitigating the impact of school facilities according to CEQA is to pay the school fees and that such fees are “deemed to provide full and complete school facilities mitigation” related to the adequacy of school facilities when considering approval or the establishment of conditions for the approval of a development project (Government Code 65996[a] and [b]). Accordingly, the Project Applicant is required to pay school fees to RUSD to offset the impact of the Project to schools serving the Project Site. Pursuant to State law, payment of the school fees established by the RUSD in accordance with existing rules and regulations regarding the calculation and payment of such fees, would, by law, mitigate the Project’s indirect impacts on any schools. Therefore, impacts on the schools identified to serve the Project would be less than significant and no mitigation measures are required. 4) Parks? Less Than Significant Impact. For the purpose of this issue, a significant impact would occur if the recreation and park services available could not accommodate the projected population increase resulting from implementation of a project. The Parks, Recreation and Community Services Department maintains and plans City parks and recreational facilities in the City. The Project would not directly generate any additional permanent residents. The type of employment offered by the Project would be unlikely to cause employees to move to the Project area. Employees of the Project Site would not be expected to use local parks or recreational facilities to any great extent, since they typically would not have long periods of time during the workday to visit parks and recreational facilities. Thus, the Project would not result in any measurable demand for parks and recreational services and, therefore, would not increase the use of existing neighborhood and regional parks or other recreational facilities such that a substantial physical deterioration of the facility would occur or be accelerated. Therefore, impacts would be less than significant and no mitigation measures are required. 5) Other public facilities? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if a project 45 Redlands Unified School District, School Boundary Maps, website: https://www.redlandsusd.net/Page/114, accessed: May 2018. 46 Ibid. 20.j Packet Pg. 682 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -78- City of San Bernardino, California includes substantial employment or population growth that could generate a demand for other public facilities (such as libraries), which would exceed the capacity available to serve a project site. The San Bernardino Public Library (“SBPL”) provides library services to the City through four libraries: Norman F. Feldheym Central Library, Villasenor Library, Inghram Library, and Rowe Library. In general, residential development results in a direct increase in demand on library services. As the Project would not generate new residents, the Project would not generate an additional need for library space or volumes of permanent collection. Therefore, impacts to library facilities would be less than significant and no mitigation measures are required. In addition to libraries, roadway improvements and/or dedications may be required by the Engineering Division as part of the Project approval process. As discussed in the Project Description, wherever necessary as determined by the City, roadways adjacent to the Project Site and site access points would be constructed in compliance with recommended roadway classifications and respective cross-sections as per the City’s General Plan Circulation Element. In addition, the Project would provide new sidewalks along the Project Site’s frontage with E. Gould Street and E. Davidson Street. Required compliance with the Engineering Division’s requirements for street dedications and improvements would ensure that impacts associated with roadways would remain less than significant. No significant impacts to other public facilities are anticipated to occur with Project implementation. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 15. RECREATION. Would the project: a. Would the project 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) Would the project 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? Less Than Significant Impact. A significant impact may occur if a project would include substantial employment or population growth which could generate an increased demand for park or recreational facilities that would exceed the capacity of existing parks and causes premature deterioration of the park facilities. As discussed above, in general, residential development directly generates demand for recreation and parks facilities. No permanent residential development would occur under the Project. Thus, the Project would not intensify the usage of the available park and recreational facilities. The type of employment offered by the Project would be unlikely to cause employees to move to the Project area. Thus, the Project would not result in any measurable demand for parks and recreational services and, therefore, would not increase the use of existing neighborhood and regional parks or other recreational facilities such that a substantial physical deterioration of the facility would occur or be accelerated. Therefore, impacts on existing neighborhood or regional parks, or other recreational facilities would be less than significant and no mitigation measures are required. 20.j Packet Pg. 683 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -79- City of San Bernardino, California 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. For the purpose of this issue, a significant impact may occur if a project includes the construction or expansion of park facilities and such construction would have a significant adverse effect on the environment. The Project does not include construction of on-site recreational amenities. As discussed above in the response to threshold question 15.a), above, the Project would not result in any measurable demand for parks and recreational services and, therefore, would not require the construction or expansion of recreational facilities. Therefore, no impact would occur and no mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 16. TRANSPORTATION/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. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? The following information utilized in this section of the Initial Study is based, in part, on the 1659 S. Tippecanoe Fast5Xpress Traffic Impact Analysis, City of San Bernardino, California (“Traffic Report”) prepared for the Project by TJW Engineering, Inc., on January 31, 2018 (Revised February 26, 2018), which is hereby incorporated by reference. This document is provided as Appendix G to this IS/MND. 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. A significant impact could occur if a project were to result in substantial increases in traffic volumes in the vicinity of a project site such that the existing street capacity experiences a 20.j Packet Pg. 684 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -80- City of San Bernardino, California decrease in the existing volume-to-capacity (“V/C”) ratios, or experiences increased traffic congestion exceeding recommended level of service (“LOS”). As shown in Figure 15 – Project Location and Study Area, the following seven intersections in the vicinity of the Project Site have been included in the LOS analysis based on execution of a scoping agreement with City staff. The study intersections are located within the City. • Tippecanoe Avenue (NS) at Orange Show-San Bernardino Avenue (EW) • Tippecanoe Avenue (NS) at Victoria Avenue (EW) • Tippecanoe Avenue (NS) at Brier Drive-Gould Street (EW) • Tippecanoe Avenue (NS) at Hospitality Lane-Coulston Street (EW) • Tippecanoe Avenue (NS) at Harriman-I-10 WB (EW) • Project Driveway (NS) at Gould Street (EW) • Project Driveway (NS) at Davidson Street (EW) The following traffic analysis follows the City of San Bernardino Traffic Impact Study Guidelines and the Caltrans Guide for the Preparation of Traffic Impact Studies. The following study scenarios are analyzed below: • Existing Conditions; • Existing Plus Project Conditions; • Opening Year Base Conditions; • Opening Year Base Plus Other Development Conditions; • Opening Year Base Plus Other Development Plus Project Conditions; • General Plan Buildout (2039) Without Project Conditions; and • General Plan Buildout (2039) With Project Conditions. Traffic operations are evaluated for the following time periods: • Weekday AM Peak Hour occurring within 7:00 AM to 9:00 AM; and • Weekday PM Peak Hour occurring within 4:00 PM to 6:00 PM. Analysis Methodology LOS is commonly used to describe the quality of flow on roadways and at intersections using a range of LOS from LOS A (free flow with little congestion) to LOS F (severely congested conditions). The definitions for LOS for interruption of traffic flow differ depending on the type of traffic control (traffic signal, unsignalized intersection with side street stops, unsignalized intersection with all-way stops). The Highway Capacity Manual (“HCM”) 2010 (Transportation Research Board, 2010) methodology expresses the LOS of an intersection in terms of delay time for the intersection approaches. The HCM methodology utilizes different procedures for different types of intersection control. The City’s traffic impact study guidelines require signalized intersection operations be analyzed utilizing the HCM 2010 methodology. Intersection LOS for signalized intersections is based on the intersections average control delay for all movements at the intersection during the peak hour. Control delay includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay. Table 14 – HCM-LOS & Delay Ranges (Signalized Intersections), describes the general characteristics of traffic flow and accompanying delay ranges at signalized intersections. 20.j Packet Pg. 685 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 15 Project Location and Study Area MELROSE AVENUE Source: TJW Engineering, February 2018. 1RWWR6FDOH 7UDIILF(QJLQHHULQJ 7UDQVSRUWDWLRQ3ODQQLQJ&RQVXOWDQWV9HQWXUH6XLWH,UYLQH&$3  )  ZZZWMZHQJLQHHULQJFRP &tͲϭϴͲϬϬϭ^ĂŶĞƌŶĂƌĚŝŶŽ&ĂƐƚϱdžƉƌĞƐƐdƌĂĸĐŶĂůLJƐŝƐ ([KLELW3URMHFW/RFDWLRQDQG6WXG\$UHD >ĞŐĞŶĚ͗ ^ƚƵĚLJ/ŶƚĞƌƐĞĐƟŽŶ WƌŽũĞĐƚ^ŝƚĞ s/dKZ/ 'Kh>Z/Z ,K^W/d>/dz ,ZZ/DE ^EZEZ/EKKZE'^,Kt Kh>^dKE s/^KE 20.j Packet Pg. 686 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -82- City of San Bernardino, California Table 14 HCM-LOS & Delay Ranges (Signalized Intersections) LOS Description Delay (in seconds) A Very favorable progression; most vehicles arrive during green signal and do not stop. Short cycle lengths. 0-10.00 B Good progression, short cycle lengths. More vehicles stop than for LOS A. 10.01-20.00 C Fair progression; longer cycle lengths. Individual cycle failures may begin to appear. The number of vehicles stopping is significant, though many vehicles still pass through without stopping. 20.1-35.00 D Progression less favorable, longer cycle length and high flow/capacity ratio. The proportion of vehicles that pass through without stopping diminishes. Individual cycle failures are obvious. 35.01-55.00 E Severe congestion with some long standing queues on critical approaches. Poor progression, long cycle lengths and high flow/capacity ratio. Individual cycle failures are frequent. 55.01-80.00 F Very poor progression, long cycle lengths and many individual cycle failures. Arrival flow rates exceed capacity of intersection. >80.01 Source: Transportation Research Board, Highway Capacity Manual, HCM2010 Edition (Washington D.C., 2010). Collected peak hour traffic volumes have been adjusted using a peak hour factor (“PHF”) to reflect peak 15- minute volumes. It is a common practice in LOS analysis to conservatively use a peak 15-minute flow rate applied to the entire hour to derive flow rates in vehicles per hour that are used in the LOS analysis. The PHF is the relationship between the peak 15-minute flow rate and the full hourly volume. The use of a 15-minute PHF produces a more detailed and conservative analysis compared to analyzing vehicles per hour. Existing PHFs, obtained from the existing traffic counts have been used for all existing and near-term analysis scenarios in the Traffic Report. For General Plan analysis scenarios, a PHF of 1.0 has been utilized at all study intersections consistent with the County of San Bernardino Congestion Management Program traffic analysis guidelines. Unsignalized intersection operations are also analyzed utilizing the HCM 2010 methodology. Intersection operation for unsignalized intersections is based on the weighted average control delay expressed in seconds per vehicle. At a two-way or side-street stop-controlled intersection, LOS is calculated for each stop-controlled minor street movement, for the left-turn movement(s) from the major street, and for the intersection as a whole. For approaches consisting of a single lane, the delay is calculated as the average of all movements in that lane. For all-way stop-controlled intersection, LOS is computed for the intersection as a whole. 20.j Packet Pg. 687 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -83- City of San Bernardino, California Table 15 – HCM-LOS & Delay Ranges (Unsignalized Intersections), describes the general characteristics of traffic flow and accompanying delay ranges at unsignalized intersections. Table 15 HCM-LOS & Delay Ranges (Unsignalized Intersections) LOS Description Delay (in seconds) A Little or no delays. 0-10.00 B Short traffic delays. 10.01-15.00 C Average traffic delays. 15.1-25.00 D Long traffic delays. Multiple vehicles in queue. 25.01-35.00 E Very long delays. Demand approaching capacity of intersection. 35.01-50.00 F Very constrained flow with extreme delays and intersection capacity exceeded. >50.01 Source: Transportation Research Board, Highway Capacity Manual, HCM2010 Edition (Washington D.C., 2010). Study intersection under the jurisdiction of Caltrans have been analyzed per the Caltrans Guide for the Preparation of Traffic Impact Studies, which also requires intersections be analyzed utilizing the HCM 2010 methodology. This analysis utilizes the Synchro 10 analysis software for all signalized and unsignalized intersections. Synchro is a macroscopic traffic software program that is based on the signalized intersection capacity analysis specified in Chapter 16 of the HCM. The LOS and capacity analysis performed within Synchro takes the optimization and coordination of signalized intersections within a network into consideration. It should be noted that the dedicated bus line on Hospitality Lane results in a non-standard intersection configuration at the Tippecanoe Avenue/Hospitality Lane intersection which cannot be analyzed utilizing the HCM 2010 methodology. For the purposes of this analysis, the intersection signal delay and LOS reported in Synchro has been utilized to analyze the intersection. Performance Criteria City of San Bernardino The City has established LOS D or better as acceptable LOS for all intersections along the designated street and highway system in the General Plan Circulation Element. Caltrans Caltrans endeavors to maintain a target LOS at the transition between LOS C and LOS D on State Highway facilities, although Caltrans acknowledges that this target may not always be feasible. If an existing State Highway facility is operating at less than this target LOS, the existing LOS should be maintained. In general, the region-wide goal for acceptable LOS on all freeways, roadway segments and intersections is LOS D. Consistent with the City LOS threshold of LOS D, LOS D will be used as the target LOS for State highway intersections in this analysis. 20.j Packet Pg. 688 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -84- City of San Bernardino, California Thresholds of Significance City of San Bernardino For the purposes of analyzing CEQA impacts, the City identifies significant impacts through a comparison of Existing and Existing Plus Project traffic conditions. While the City determines an intersection’s LOS using the HCM 2010 methodology, the determination of a significant impact at an intersection is based on a project’s contribution to the intersection’s V/C ratio as defined below in Table 16 – City of San Bernardino Thresholds of Significance. Table 16 City of San Bernardino Thresholds of Significance LOS Significant Impact Threshold C Increase in V/C > 0.04 D Increase in V/C > 0.02 E/F Increase in V/C > 0.01 Note: V/C = volume to capacity ratio Source: City of San Bernardino Traffic Impact Analysis Guidelines (June 3, 2015). Caltrans Impacts to State Highway intersections will be considered significant if: • The Project causes the LOS of a State Highway intersection to degrade from LOS D or better to LOS E or LOS F. The proposed significance thresholds above are applied at study area intersections for the purposes of determining Project-related impacts. Existing Conditions Existing Traffic Volumes To determine the existing operation of the study intersections, AM and PM peak period traffic counts at the study intersections were collected on Tuesday, October 3, 2017. The traffic volumes used in the Traffic Report analysis are from the highest hour within the peak period counted. Detailed traffic count data is provided in Appendix C of the Traffic Report. In accordance with the City’s Traffic Impact Analysis guidelines, traffic volumes were collected by vehicle class (passenger car, 2-axle vehicles, 3-axle vehicles and 4+ axle vehicles), with all non-passenger car traffic being converted into Passenger Car Equivalents (“PCEs”) utilizing the following factors contained in the City guidelines: • 2-axle trucks: 2.0 PCE • 3-axle trucks: 2.5 PCE • 4+-axle trucks: 3.0 PCE Exhibit 4 of the Traffic Report shows existing (2017) PCE-adjusted AM and PM peak hour volumes at the study intersections. 20.j Packet Pg. 689 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -85- City of San Bernardino, California Existing Conditions Intersection Level of Service Analysis Existing conditions AM and PM peak hour intersection analysis is shown in Table 17 – Intersection Analysis for Existing Conditions. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 17 Intersection Analysis for Existing Conditions Intersection Control Type Peak Hour Delay LOS V/C Tippecanoe/Orange Show-San Bernardino Avenue Signal AM PM 28.9 44.5 C D 0.602 0.785 Tippecanoe/Victoria Avenue Signal AM PM 3.8 11.2 A B 0.474 0.478 Tippecanoe/Brier Drive-Gould Avenue Signal AM PM 11.3 24.4 B C 0.507 0.532 Tippecanoe/Hospitality Lane Signal AM PM 30.6 38.8 C D 0.520 0.684 Tippecanoe/Harriman-I-10 WB Signal AM PM 27.1 30.2 C C 0.526 0.655 Project Driveway/Gould Avenue OWSC AM PM Future Intersection Project Driveway/Davidson Street OWSC AM PM Future Intersection Note: OWSC = One -Way Stop-Control, Delay shown in seconds per vehicle. V/C = volume-to-capacity ratio. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 17, above, the intersections are currently operating at an acceptable LOS (LOS D or better) during the AM and PM peak hours. Proposed Project Project Trip Generation Trip generation represents the amount of traffic, both inbound and outbound, produced by a development. Determining trip generation for a proposed project is based on projecting the amount of traffic that the specific land uses being proposed will produce. While the industry standard Institute of Transportation Engineers (“ITE”) Trip Generation Manual, 10th Edition (2017) trip generation rates are typically used in traffic impact analyses, single-tunnel automated car washes are not represented in the current ITE data set. Therefore, the City provided the appropriate AM and PM peak hour trip generation values to utilize in this analysis. Table 18 – Project Trip Generation, shows the trip generation of the Project, provided by the City. Table 18 Trip Generation of Project Land Use Quantity AM Peak Hour PM Peak Hour Daily Trips In Out Total In Out Total Single-Tunnel Automated Car Wash 1 36 36 72 68 68 136 1,290 Source: City of San Bernardino. 20.j Packet Pg. 690 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -86- City of San Bernardino, California As shown in Table 18, above, the Project is projected to generate approximately 72 AM peak hour trips, 136 PM peak hour trips and 1,290 daily trips on the surrounding roadway network. Project Trip Distribution Projecting trip distribution involves the process of identifying probable destinations and traffic routes that would be utilized by the Project’s traffic. The potential interaction between the proposed land use and surrounding regional access routes are considered to identify the probable routes onto which Project traffic would distribute. The projected trip distribution for the Project is based on anticipated travel patterns to and from the Project Site. The majority of the Project’s trips are local serving in nature and would likely disperse within the surrounding vicinity, while a small percentage of trips, generally would travel farther to/from the Project Site.47 Exhibit 5 of the Traffic Report shows the projected trip distribution of proposed Project trips. Project Trip Assignment Exhibit 6 of the Traffic Report shows the corresponding projected assignment of AM and PM peak hour trip. Cumulative Projects Traffic CEQA guidelines require that other reasonably foreseeable development projects which are either approved or are currently being processed in the study area also be included as part of a cumulative analysis scenario. A list of development projects within the City was obtained and reviewed to determine appropriate projects for inclusion in the cumulative analysis. Additionally, current development activity in the City of Loma Linda in the vicinity of the Project Site was reviewed. Figure 16 – Cumulative Project Map, shows the location of nearby cumulative developments. A summary of the cumulative projects land uses is shown in Table 7 of the Traffic Report. Existing Plus Project Conditions Existing Plus Project conditions analysis is intended to identify the Project-related impacts on the existing circulation system by comparing existing conditions with and without Project trips. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the Existing Plus Project scenario are consistent with those previously discussed, with the exception of Project driveways and other facilities assumed to be constructed by the Project to provide site access. Existing Plus Project Traffic Volumes Existing Plus Project traffic volumes consist of the addition of Project-generated trips to existing traffic volumes. Exhibit 8 of the Traffic Report shows Existing Plus Project AM and PM peak hour volumes at the study intersections. 47 The traffic reducing potential of public transit, walking and bicycling have not been considered in this analysis since the car wash land use is an auto-related land use. 20.j Packet Pg. 691 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Figure 16 Cumulative Project Map 1RWWR6FDOH 7UDIILF(QJLQHHULQJ 7UDQVSRUWDWLRQ3ODQQLQJ&RQVXOWDQWV9HQWXUH6XLWH,UYLQH&$3  )  ZZZWMZHQJLQHHULQJFRP &tͲϭϴͲϬϬϭ^ĂŶĞƌŶĂƌĚŝŶŽ&ĂƐƚϱdžƉƌĞƐƐdƌĂĸĐŶĂůLJƐŝƐ ([KLELW &XPXODWLYH3URMHFW0DS Approximate Cumulative Project Location /HJHQG XX Project Location 1 2 3 5 6 7 8 9 10 11 25 21 22 23 24 19 20 18 14 1516 17 12 13 2 4 2 -M i l e R a d i u s MELROSE AVENUE Source: TJW Engineering, February 2018. 20.j Packet Pg. 692 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -88- City of San Bernardino, California Existing Plus Project Intersection Level of Service Analysis Existing Plus Project AM and PM peak hour intersection analysis is shown in Table 19 – Intersection Analysis for Existing Plus Project Conditions. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 19 Intersection Analysis for Existing Plus Project Conditions Intersection Peak Hour Existing Existing Plus Project Delay LOS V/C Delay LOS V/C Change in V/C Impact? Tippecanoe/Orange Show- San Bernardino Avenue AM PM 28.9 44.5 C D 0.602 0.785 29.0 45.3 C D 0.621 0.791 0.019 0.006 No No Tippecanoe/Victoria Avenue AM PM 3.8 11.2 A B 0.474 0.478 3.8 11.4 A B 0.475 0.490 0.001 0.012 No No Tippecanoe/Brier Drive- Gould Avenue AM PM 11.3 24.4 B C 0.507 0.532 11.6 23.9 B C 0.523 0.534 0.016 0.002 No No Tippecanoe/Hospitality Lane AM PM 30.6 38.8 C D 0.520 0.684 30.7 38.9 C D 0.524 0.691 0.004 0.007 No No Tippecanoe/Harriman-I-10 WB AM PM 27.1 30.2 C C 0.526 0.655 27.7 31.0 C C 0.530 0.664 0.004 0.009 No No Project Driveway/Gould Avenue AM PM Future Intersection 9.2 9.5 A A N/A N/A No No Project Driveway/Davidson Street AM PM Future Intersection 8.6 8.6 A A N/A N/A No No Note: OWSC = One- Way Stop-Control, Delay shown in seconds per vehicle. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 19, above, the intersections are projected to continue to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for Existing Plus Project condition. It should be noted, that under the HCM methodology it is possible for the addition of a project’s trips to reduce the average delay at the intersection; this occurs when the project adds the majority of its trips to movements that experience less delay than the average delay for the entire intersection. Based on the thresholds of significance for Existing Plus Project conditions previously discussed, the addition of Project-generated trips is projected to not have a significant direct impact at any of the study intersections and no mitigation measures are required. Opening Year Base Conditions Opening year base conditions consists of existing traffic volumes increased by an annual ambient growth rate to derive baseline Project opening year base volumes. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the opening year base scenario are consistent with those previously discussed. 20.j Packet Pg. 693 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -89- City of San Bernardino, California Opening Year Base Traffic Volumes Since the Project is expected to be built and generating trips in 2019, opening year base volumes include an ambient growth rate of three percent per year for two years, applied to existing volumes, which were collected in 2017. Exhibit 9 of the Traffic Report shows opening year base AM and PM peak hour volumes at the study intersections. Opening Year Base Intersection Level of Service Analysis Opening year base conditions AM and PM peak hour intersection analysis is shown in Table 20 – Intersection Analysis for Opening Year Base. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 20 Intersection Analysis for Opening Year Base Intersection Control Type Peak Hour Delay LOS V/C Tippecanoe/Orange Show-San Bernardino Avenue Signal AM PM 30.6 49.6 C D 0.644 0.820 Tippecanoe/Victoria Avenue Signal AM PM 3.9 11.6 A B 0.494 0.500 Tippecanoe/Brier Drive-Gould Avenue Signal AM PM 7.6 25.1 A C 0.527 0.552 Tippecanoe/Hospitality Lane Signal AM PM 30.7 40.2 C D 0.539 0.709 Tippecanoe/Harriman-I-10 WB Signal AM PM 24.4 32.0 C C 0.549 0.686 Project Driveway/Gould Avenue OWSC AM PM Future Intersection Project Driveway/Davidson Street OWSC AM PM Future Intersection Note: OWSC = One -Way Stop-Control, Delay shown in seconds per vehicle. V/C = volume-to-capacity ratio. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 20, above, the intersections are projected to continue to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for opening year base conditions. Opening Year Base Plus Other Development Conditions Opening year base plus other development conditions analysis is intended to set the baseline for evaluating the Project’s cumulative impact on the surrounding roadway network. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the opening year base plus other development scenario are consistent with those previously discussed. Opening Year Base Plus Other Development Traffic Volumes Opening year base plus other development volumes include background traffic and traffic projected to be 20.j Packet Pg. 694 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -90- City of San Bernardino, California generated by cumulative developments in the vicinity of the Project which are in various stages of planning, entitlement and construction. Since the Project is expected to be built and generating trips in 2019, opening year base plus other development volumes include an ambient growth rate of three percent per year for two years, applied to existing (2017) volumes plus trips projected to be generated by cumulative projects. Exhibit 10 of the Traffic Report shows opening year base plus other development AM and PM peak hour volumes at the study intersections. Opening Year Base Plus Other Development Intersection Level of Service Analysis Opening year base plus other development conditions AM and PM peak hour intersection analysis is shown in Table 21 – Intersection Analysis for Opening Year Base Plus Other Developments. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 21 Intersection Analysis for Opening Year Base Plus Other Development Intersection Control Type Peak Hour Delay LOS V/C Tippecanoe/Orange Show-San Bernardino Avenue Signal AM PM 33.5 50.0 C D 0.693 0.869 Tippecanoe/Victoria Avenue Signal AM PM 4.2 12.6 A B 0.500 0.543 Tippecanoe/Brier Drive-Gould Avenue Signal AM PM 8.7 26.4 A C 0.587 0.593 Tippecanoe/Hospitality Lane Signal AM PM 33.2 41.8 C D 0.591 0.737 Tippecanoe/Harriman-I-10 WB Signal AM PM 25.5 33.8 C C 0.583 0.698 Project Driveway/Gould Avenue OWSC AM PM Future Intersection Project Driveway/Davidson Street OWSC AM PM Future Intersection Note: OWSC = One -Way Stop-Control, Delay shown in seconds per vehicle. V/C = volume-to-capacity ratio. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 21, above, the study intersections are projected to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for opening year base plus other development conditions. Opening Year Base Plus Other Development Plus Project Opening year base plus other development plus Project conditions analysis is intended to identify the Project-related cumulative impacts on both the planned near-term circulation system. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the opening year base plus other development plus project scenario are consistent with those previously discussed, with the exception of Project driveways and other facilities assumed to be constructed by the Project to provide site access. 20.j Packet Pg. 695 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -91- City of San Bernardino, California Opening Year Base Plus Other Development Plus Project Traffic Volumes Opening year base plus other development plus Project volumes include background traffic plus the addition of the traffic projected to be generated by the Project and traffic projected to be generated by cumulative developments in the vicinity of the Project which are in various stages of planning, entitlement, and construction. Since the Project is expected to be built and generating trips in 2019, opening year base plus other development plus Project volumes include an ambient growth rate of three percent per year for two years, applied to existing (2017) volumes. Exhibit 11 of the Traffic Report shows opening year base plus other development plus project AM and PM peak hour volumes at the study intersections. Opening Year Base Plus Other Development Plus Project Intersection LOS Opening year base plus other development plus Project conditions AM and PM peak hour intersection analysis is shown in Table 22 – Intersection Analysis for Opening Year Base Plus Other Development Plus Project. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 22 Intersection Analysis for Opening Year Base Plus Other Development Plus Project Intersection Peak Hour OY Base Plus OD OY Base Plus OD Plus Project Delay LOS V/C Delay LOS V/C Change in V/C Impact? Tippecanoe/Orange Show- San Bernardino Avenue AM PM 33.5 50.0 C D 0.693 0.869 33.7 46.7 C D 0.698 0.877 0.005 0.008 No No Tippecanoe/Victoria Avenue AM PM 4.2 12.6 A B 0.500 0.543 4.2 12.9 A B 0.501 0.555 0.001 0.012 No No Tippecanoe/Brier Drive- Gould Avenue AM PM 8.7 26.4 A C 0.587 0.593 9.0 26.5 A C 0.604 0.601 0.017 0.008 No No Tippecanoe/Hospitality Lane AM PM 33.2 41.8 C D 0.591 0.737 33.3 42.1 C D 0.594 0.744 0.003 0.007 No No Tippecanoe/Harriman-I-10 WB AM PM 25.5 33.8 C C 0.583 0.698 25.8 35.2 C D 0.587 0.706 0.004 0.008 No No Project Driveway/Gould Avenue AM PM Future Intersection 9.6 10.1 A B N/A N/A No No Project Driveway/Davidson Street AM PM Future Intersection 8.6 8.7 A A N/A N/A No No Note: OWSC = One- Way Stop-Control, Delay shown in seconds per vehicle. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 22, above, the study intersections are projected to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for opening year base plus other development plus Project conditions. Based on the thresholds of significance for opening year base plus other development plus Project conditions, the addition of Project-generated trips is projected to not have a significant direct impact at any of the study intersections and no mitigation measures are required. 20.j Packet Pg. 696 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -92- City of San Bernardino, California General Plan Buildout (2039) Without Project Conditions General Plan buildout without Project conditions analysis is intended to set the baseline for determining any long range cumulative project impacts on the planned circulation system. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the General Plan buildout without Project scenario are consistent with those previously discussed. General Plan Buildout Without Project Traffic Volumes General Plan buildout without Project volumes were derived through a combination of post-processing of San Bernardino Traffic Analysis Model (“SBTAM”) output sheets and engineering judgment. Current SBTAM model data was obtained from another recently completed traffic study in the City. In accordance with post- processing procedures contained in the County of San Bernardino Congestion Management Program, initial long range traffic volumes were determined based on the incremental growth approach using the difference between 2012 and 2040 mode volumes. The model provides growth over a 28-year period. Since the different between the current General Plan Buildout Year (2039) and the baseline year (2017) is 22 years, only 22/28 of the growth implied by the model was assumed. The post processed model volumes were then adjusted for reasonableness using engineering judgment. Appendix E of the Traffic Report contains SBTAM model output sheets. Exhibit 12 of the Traffic Report shows General Plan buildout without Project AM and PM peak hour volumes at the study intersections. General Plan Buildout Without Project Intersection LOS General Plan buildout without Project conditions AM and PM peak hour intersection analysis is shown in Table 23 – Intersection Analysis for General Plan Buildout Without Project. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 23 Intersection Analysis for General Plan Buildout Without Project Intersection Control Type Peak Hour Delay LOS V/C Tippecanoe/Orange Show-San Bernardino Avenue Signal AM PM 33.2 48.8 C D 0.724 0.910 Tippecanoe/Victoria Avenue Signal AM PM 4.3 9.4 A A 0.520 0.568 Tippecanoe/Brier Drive-Gould Avenue Signal AM PM 8.8 27.2 A C 0.612 0.618 Tippecanoe/Hospitality Lane Signal AM PM 33.5 42.5 C D 0.613 0.769 Tippecanoe/Harriman-I-10 WB Signal AM PM 26.4 37.4 C D 0.610 0.736 Project Driveway/Gould Avenue OWSC AM PM Future Intersection Project Driveway/Davidson Street OWSC AM PM Future Intersection 20.j Packet Pg. 697 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -93- City of San Bernardino, California Table 23 Intersection Analysis for General Plan Buildout Without Project Intersection Control Type Peak Hour Delay LOS V/C Note: OWSC = One -Way Stop-Control, Delay shown in seconds per vehicle. V/C = volume-to-capacity ratio. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 23, above, the study intersections are projected to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for General Plan buildout without Project conditions. It should be noted in some instances the projected delay for General Plan conditions is potentially lower than opening year base with other development conditions. Stipulated procedures regarding buildout analysis in the County of San Bernardino Congestion Management Program include the use of a 0.95 peak hour factor for long-range scenarios, and a higher saturation flow per lane, which in some cases offsets the projected growth in volumes. General Plan Buildout (2039) With Project Conditions General Plan buildout with Project conditions analysis is intended to set the baseline for determining any long range cumulative Project impacts on the planned circulation system. Roadway Improvements The lane configurations and traffic controls assumed to be in place for the General Plan buildout without Project scenario are consistent with those previously discussed. General Plan Buildout With Project Traffic Volumes General Plan buildout without Project volumes were derived by adding Project traffic volumes to General Plan buildout without Project traffic volumes. Exhibit 13 of the Traffic Report shows General Plan buildout with Project AM and PM peak hour volumes at the study intersections. General Plan Buildout With Project Intersection LOS General Plan buildout with Project conditions AM and PM peak hour intersection analysis is shown in Table 24 – Intersection Analysis for General Plan Buildout With Project. HCM analysis sheets are provided in Appendix D of the Traffic Report. Table 24 Intersection Analysis for General Plan Buildout With Project Intersection Peak Hour OY Base Plus OD OY Base Plus OD Plus Project Delay LOS V/C Delay LOS V/C Change in V/C Impact? Tippecanoe/Orange Show- San Bernardino Avenue AM PM 33.2 48.8 C D 0.724 0.910 33.4 46.6 C D 0.728 0.918 0.004 0.008 No No 20.j Packet Pg. 698 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -94- City of San Bernardino, California Table 24 Intersection Analysis for General Plan Buildout With Project Intersection Peak Hour OY Base Plus OD OY Base Plus OD Plus Project Delay LOS V/C Delay LOS V/C Change in V/C Impact? Tippecanoe/Victoria Avenue AM PM 4.3 9.4 A A 0.520 0.568 4.3 9.6 A A 0.520 0.579 0.001 0.011 No No Tippecanoe/Brier Drive- Gould Avenue AM PM 8.8 27.2 A C 0.612 0.618 9.1 27.3 A C 0.627 0.626 0.015 0.008 No No Tippecanoe/Hospitality Lane AM PM 33.5 42.5 C D 0.613 0.769 33.7 42.8 C D 0.617 0.775 0.004 0.006 No No Tippecanoe/Harriman-I-10 WB AM PM 26.4 37.4 C D 0.610 0.736 26.7 39.3 C D 0.614 0.740 0.004 0.004 No No Project Driveway/Gould Avenue AM PM Future Intersection 9.7 10.2 A B N/A N/A No No Project Driveway/Davidson Street AM PM Future Intersection 8.6 8.7 A A N/A N/A No No Note: OWSC = One- Way Stop-Control, Delay shown in seconds per vehicle. Per the 2010 Highway Capacity Manual, overall average delay and LOS are shown for signalized and all-way stop-controlled intersections. For intersections with one-or-two-way stop-control, the delay and LOS for the worst individual movement is shown. Source: TJW Engineering, February 2018. As shown in Table 24, above, the study intersections are projected to operate at an acceptable LOS (LOS D or better) during the AM and PM peak hours for General Plan buildout with Project conditions. It should be noted in some instances the projected delay for General Plan conditions is potentially lower than opening year base with other development conditions. Stipulated procedures regarding buildout analysis in the County of San Bernardino Congestion Management Program include the use of a 0.95 peak hour factor for long-range scenarios, and a higher saturation flow per lane, which in some cases offsets the projected growth in volumes. Based on the thresholds of significance for General Plan buildout with Project conditions, the addition of Project generated trips is projected to not have a significant direct impact at any of the study intersections and no mitigation measures are required. 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? No Impact. The Congestion Management Program was enacted by Proposition 111 in 1990 with the intent of providing the analytical basis for transportation decisions through the State Transportation Improvement Program process. The County of San Bernardino has developed a Regional Transportation Development Mitigation Plan Report to satisfy the provisions of the Congestion Management Program to determine fair share contributions from new development to maintain and develop the regional transportation system. The City has adopted a local and regional circulation system fee as well, as required by the Congestion Management Plan. The Project would participate in the cost of off-site improvements through payment of City and County regional circulation fees based on the current fees at the time of construction of the Project. The Project’s 20.j Packet Pg. 699 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -95- City of San Bernardino, California contribution to the aforementioned transportation impact fee programs should be considered sufficient to address the Project’s fair share towards the mitigation of cumulative project impacts. Therefore, no additional freeway or CMP analysis is necessary and no mitigation measures are required. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. This question would apply to the Project only if it were an aviation-related use. The Project does not include any aviation-related uses and would have no impact on any airport. It would also not require any modification to flight paths for the existing airports in the City or region. Therefore, no impact would occur and no mitigation measures are required. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. A significant impact may occur if a project included new roadway design or introduced a new land use or features into an area with specific transportation requirements and characteristics that have not been previously experienced in that area, or if project site access or other features were designed in such a way as to create hazard conditions. The Project would have two vehicular access point offering left turns and right turns into and out of the Project Site. Vehicle access would be provided via E. Gould Street and E. Davidson Street. Wherever necessary, roadways adjacent to the Project Site and site access points would be constructed in compliance with recommended roadway classifications and respective cross-sections in the City’s General Plan Circulation Element. Further, sight distance at each Project access point would be reviewed with respect to standard Caltrans and City sight distance standards at the time of final grading, landscaping and street improvement plans. The applicant would participate in the phased construction of off-site improvements through payment of the Project’s fair share of development impact fees, and signing/striping would be implemented in conjunction with detailed construction plans for the Project Site. Therefore, no safety access impacts would occur. Further, no hazardous design features or uses would be introduced with the Project that would create significant hazards to the surrounding roadways. Therefore, Project roadway improvements would not substantially increase hazards due to a design feature. Impacts would be less than significant and no mitigation measures are required. e) Result in inadequate emergency access? No Impact. A significant impact may occur if the project design would not provide emergency access meeting the requirements of the SBPD or the SBCFD, or threatened the ability of emergency vehicles to access and serve the Project Site or adjacent uses. The Project would provide adequate emergency access in conformance with City requirements. Furthermore, the Project Applicant would consult with the SBPD and SBCFD as part of development plan check and approval prior to Project construction. Therefore, there would be no impact related to emergency access and no mitigation measures are required. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant Impact. A significant impact may occur if a project would conflict with adopted polices 20.j Packet Pg. 700 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -96- City of San Bernardino, California or involve modification of existing alternative transportation facilities located on- or off-site. Public Transit Service The City is served by the Omnitrans Transit Agency which provides bus service throughout San Bernardino County. There are three transit routes directly serving the Project Site, the sbX Green Line, Omnitrans Route 2, and Omnitrans Route 8. The sbX Green Line travels from California State University San Bernardino to the north to Loma Linda University & Medical Center to the south. Weekday service is provided with headways of 10-15 minutes during peak hours. The sbX Green Line runs from 6:00 AM to 9:00 AM and from 2:00 PM to 6:00 PM. In the vicinity of the Project Site there is a stop near the Hospitality Lane and S. Tippecanoe Avenue intersection. There is a dedicated bus line on Hospitality lane in each direction serving the sbX Green Line. Omnitrans Route 2 travels from California State University San Bernardino to the north to Loma Linda University & Medical Center to the south. Route 2 runs throughout the day and evening on weekdays with headways of approximately 60 minutes. Route 2 runs throughout the day and evening on Saturdays and Sundays with headways of approximately 20 minutes. In the vicinity of the Project Site there is a stop at the Tippecanoe Avenue/Hospitality Lane Intersection. Omnitrans Route 8 travels from the San Bernardino Transit Center and the Redlands Mall. Route 8 runs throughout the day and evening on weekdays with headways of approximately 30 minutes. Route 8 runs throughout the day and evening on Saturdays and Sundays with headways of approximately 60 minutes. In the vicinity of the Project there is a stop at the Hospitality Lane and S. Tippecanoe Avenue intersection. As discussed previously in threshold question 16.a), above, the addition of Project generated trips is projected to not have a significant direct impact at any of the study intersections. Therefore, it is anticipated that the existing transit services in the Project area would adequately accommodate the increase of Project- generated transit trips. No Project impacts on existing or future transit services in the Project area are expected to occur as a result of the Project and no mitigation measures are required. Bicycle and Pedestrian Facilities There is a Class II (on-street) bike lane on a portion of S. Tippecanoe Avenue. According to the General Plan Circulation Element, no other bicycle facilities are planned in the study area. Appendix B of the Traffic Report contains the current General Plan Bikeways map. Sidewalks and curb ramps at intersections are generally present where development has occurred, and absent where development has yet to occur. Sidewalks are currently present along the Project’s frontage on S. Tippecanoe Avenue. Sidewalks are not present on E. Gould Street and E. Davidson Street; however, the Project would provide new sidewalks along the Project Site’s frontage with E. Gould Street and E. Davidson Street. The Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and impacts would be less than significant. No mitigation measures are required. 20.j Packet Pg. 701 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -97- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 17. 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. In applying the 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) 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 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 Impact. Assembly Bill 52 (“AB 52”), signed into law on September 25, 2014, requires lead agencies to evaluate a project’s potential to impact Tribal Cultural Resources (“TCRs”) and establishes a formal consultation process for California Native American Tribes as part of CEQA. TCRs includes sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe that are eligible for inclusion in the California Register or included in a local register of historical resources. AB 52 also gives lead agencies the discretion to determine, supported by substantial evidence, whether a resource qualifies as a TCR. Consultation is required upon request by a California Native American tribe that has previously requested that the City provide it with notice of such projects, and that is traditionally and culturally affiliated with the geographic area of a proposed project. The City commenced tribal notification in accordance with AB 52 on June 6, 2018, via a mailing to all of the area tribes on the City’s AB 52 notification list. The 30-day notification response window closed on July 6, 2018. One response was received as part of the AB 52 notification process. The San Manuel Band of Mission Indians responded on July 3, 2018, requesting additional Project information from the City. The tribe also indicated that the Project area exists within Serrano ancestral territory and, therefore, is of interest to the tribe. The tribe’s response also stated that the tribe is unlikely to be concerned with this Project given the extent of existing disturbance, but the requested additional Project information would assist the tribe in properly making such a determination. Thus, as the responding tribe did not indicate a TCR at the Project Site, or that might be affected by implementation of the Project, and further, as previously discussed under threshold question 5.a), above, there are no known cultural or historic resources on the Project Site; therefore, impacts would be less than significant and no mitigation measures are required. 20.j Packet Pg. 702 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -98- City of San Bernardino, California b) 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 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 (In applying the 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)? Potentially Significant Impact Unless Mitigated. Under AB 52, if a lead agency determines that a project may cause a substantial adverse change to a TCR, the lead agency must consider measures to mitigate that impact. PRC Section 21074 provides a definition of a TCR. In brief, in order to be considered a TCR, a resource must be either: 1) listed, or determined to be eligible for listing, on the national, State, or local register of historic resources, or 2) a resource that the lead agency chooses, in its discretion supported by substantial evidence, to treat as a TCR. In the latter instance, the lead agency must determine that the resource meets the criteria for listing in the State register of historic resources or City-designated cultural resource. In applying those criteria, a lead agency shall consider the value of the resource to the tribe. As discussed above, the City provided notice to tribes soliciting requests for consultation on June 6, 2018. The 30-day notification response window closed on July 6, 2018. One response was received as part of the AB 52 notification process. The San Manuel Band of Mission Indians responded on July 3, 2018, stating that the tribe is unlikely to be concerned with this Project given the extent of existing disturbance and requested additional Project information from the City to properly make that determination, but did not indicate a TCR at the Project Site, or that might be affected by implementation of the Project, as discussed above. As previously discussed under threshold question 5.b), the Project site does not contain any known archaeological resources. Nonetheless, while the likelihood of discovery is remote, the Project construction would include ground disturbing activities such as grading and minor trenching for utility connections and installation of the on-site biorention basin. As such, the possibility exists that deeper lying, previously unknown TCRs may be present. To reduce potential impacts to TCR that may be inadvertently discovered during construction, the previously identified mitigation measure MM CR 1 is required. This measure requires avoidance if there is an inadvertent discovery until a significance determination can be made by a qualified archaeologist with input from the tribes whom indicated the Project Site is within their ancestral territory or traditional use area and in consultation with tribal representatives including San Manuel Band of Mission Indians as well as adherence to appropriate measures if the find is determined to be significant under CEQA. Therefore, with implementation of this measure, impacts would be reduced to a less-than- significant level. Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 18. 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? 20.j Packet Pg. 703 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -99- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 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? Less Than Significant Impact. A significant impact may occur if a project would discharge wastewater, whose content exceeds the regulatory limits established by the governing agency. California Water Code Section 13260 states that persons discharging or proposing to discharge waste that could affect the quality of the waters of the State, other than into a community sewer system, shall file a Report of Waste Discharge containing information which may be required by the appropriate Regional Water Quality Control Board (“RWQCB”). The RWQCB then authorizes a NPDES permit that ensures compliance with wastewater treatment and discharge requirements. SARWQCB enforces wastewater treatment and discharge requirements for properties in the Project area. The wastewater generated by the Project would be typical of commercial and car wash land uses. No industrial discharge into the wastewater system would occur. The Project would convey wastewater via municipal sewage infrastructure maintained by the City’s Wastewater Division to the San Bernardino Water Reclamation Plant (“WRP”). The capacity of WRP is discussed under threshold question 18.b), below. WRP is a public facility, and, therefore, is subject to the State’s wastewater treatment requirements. As such, wastewater from the implementation of the Project would be treated according to the wastewater treatment requirements enforced by SARWQCB. Therefore, impacts would be less than significant and no mitigation measures are required. 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? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if a project would increase water consumption or wastewater generation to such a degree that new or expanded treatment facilities would need to be constructed. SBMWD currently supplies water to the Project Site. SBMWD is responsible for ensuring that water demand within the City is met and that State and federal water quality standards are achieved. SBMWD produces all of its water supply from wells in the San Bernardino Basin Area (“SBBA”) and is comprised of approximately 20.j Packet Pg. 704 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -100- City of San Bernardino, California 700 miles of pipeline, approximately 42,000 metered water services, 13,800 valves, and 4,000 fire hydrants. SBMWD has 44 water storage reservoirs varying in size from 40,000 gallons to 12 million gallons.48 In addition to potable water, SBMWD provides wastewater collection and treatment services and is developing a recycled water system for groundwater recharge and non-potable reuse.49 The water flows into the WRP, which is owned and operated by SBMWD and provides wastewater treatment services to the City and the surrounding areas. The WRP has the capacity to treat approximately 33 million gallons per day (“mgd”).50 Implementation of the Project is reasonably anticipated to not measurably reduce WRP’s capacity, and as such, no new or expanded water treatment facilities would be required. Therefore, with respect to water treatment facilities, impacts would be less than significant and no mitigation measures are required. The Project would be within the growth projections of the SBMWD, and it is, therefore, anticipated that SBMWD would be able to meet the Project’s water treatment demand. If water main or infrastructure upgrades are required, the Project Applicant would be required to pay for such upgrades, which would be constructed by either the Project Applicant or SBMWD. The City’s total sewer system capacity fee is $12.45 per gallon of sewage.51 The sewer connection fee is $335.02 per 3,000 square feet of commercial development.52 If the pace of growth increased in the City, water and wastewater fees would allow for the additional development of water and wastewater facilities and infrastructure. To the extent such upgrades result in a temporary disruption in service, proper notification to SBMWD customers would take place, as is standard practice. In the event that water main and other infrastructure upgrades are required, it would not be expected to create a significant impact to the physical environment because: (1) any disruption of service would be of a short-term nature, (2) replacement of the water mains would be within public rights-of-way, and (3) any foreseeable infrastructure improvements would be limited to the immediate Project vicinity. As future new water and wastewater facilities or expansions are planned, the City would be required to locate and design the facilities. Currently, the 2015 Urban Water Management Plan (“UWMP”) includes the City’s current 20-year projection of the facilities and infrastructure that would be required over the near- term planning horizon and long-term. The 2015 UWMP is comprised of the water management plan for the San Bernardino Valley area, represented by the San Bernardino Valley Municipal Water District (“SBVMWD”) service area, and nine participating retail water purveyors: City of Colton, East Valley Water District, City of Loma Linda, City of Redlands, City of Rialto, Riverside Highland Water Company, City of San Bernardino Municipal Water Department, West Valley Water District, and Yucaipa Valley Water District.53 The City continues to update these projections, which tend to be conservative estimates, based on the development plans and patterns and the pace of growth that is being experienced through their own plans, including the Water Facilities Master Plan. Therefore, potential impacts resulting from water infrastructure improvements, if any are to be required, would be less than significant and no mitigation measures are required. Further, the Project would comply with the City’s mandatory water conservation measure that, relative to the City’s increase in population, have reduced the rate of water demand in recent years. Compliance with 48 2015 SBMWD Facilities Master Plan, June 2015. 49 2015 San Bernardino Valley Regional Urban Water Management Plan, June 2016. 50 City of San Bernardino, San Bernardino Water Reclamation Facility, website: http://www.sbcity.org/water/divisions/water_reclamation/default.asp, accessed: May 2018. 51 City of San Bernardino, Land Development Division, Impact Fees, Effective July 1, 2017. 52 Ibid. 53 2015 San Bernardino Valley Regional Urban Water Management Plan, June 2016. 20.j Packet Pg. 705 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -101- City of San Bernardino, California water conservation measures, including Title 20 and 24 of the California Administrative Code would serve to reduce the projected water demand. The City’s New Water Conservation Goal stipulates a 15 percent water conservation goal.54 At the State level, Title 24 of the California Administrative Code contains the California Building Standards, including the California Plumbing Code (Part 5), which promotes water conservation. Title 20 of the California Administrative Code addresses Public Utilities and Energy and includes appliance efficiency standards that promote conservation. Various sections of the Health and Safety Code also regulate water use. Overall, the Project’s water demand is expected to comprise a small percentage of SBMWD’s existing water supplies. Therefore, the impact would be less than significant and no mitigation measures are required. c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. For the purpose of this issue, a significant impact may occur if the volume of stormwater runoff would increase to a level exceeding the capacity of the storm drain system serving a project site, resulting in the construction of new storm water drainage facilities. As described under threshold question 9.c), above, calculations done as part of the WQMP for the Project determined that the Project would result in a reduction of both the amount and rate of runoff from the Project Site.55 Runoff from the Project Site is and would be collected on the site, and overflows directed towards existing storm drain system. Therefore, the Project would not create or contribute runoff that would exceed the capacity of existing or planned stormwater drainage systems. Impacts would be less than significant and no mitigation measures are required. 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. A significant impact may occur if a project would increase water consumption to such a degree that new water sources would need to be identified. The City’s water supply primarily comes from wells in SBBA.56 The 2015 UWMP uses a land use based planning tool that allocates projected demographic data from SCAG’s growth forecasts into water service areas for each of the member agencies. These sources, along with recycled water, are expected to supply the City’s water needs in the years to come.57 SBVMWD’s 2015 UWMP projects a SBBA water supply of 58,271 acre-feet per year (“AF/Y”) in 2020, 66,830 AF/Y in 2025, and 90,582 AF/Y in 2040.58 As of the accounting performed for the 2015 Annual Western-San Bernardino Watermaster Report, SBBA has over 104,994 AF of net credit accumulated and are, therefore, not required to recharge the basin.59 With SBVMWD’s current water supplies, planned future water conservation, and planned future water supplies, SBVMWD will be able to reliably provide water to its customers through the 25-year planning period covered by the 2015 UWMP. Therefore, impacts would be less than significant and no mitigation measures are required. 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 54 City of San Bernardino, New Water Conservation Goal, website: http://www.sbcity.org/water/new_water_conservation_goal/default.asp, accessed: May 2018. 55 RNC Consulting, Preliminary Water Quality Management Plan, February 25, 2018, page 4-8. 56 2015 San Bernardino Valley Regional Urban Water Management Plan, June 2016. 57 Ibid. 58 Ibid. 59 Ibid. 20.j Packet Pg. 706 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -102- City of San Bernardino, California existing commitments? Less Than Significant Impact. As stated under threshold question 18.b), above, the sewage flow from operation of the Project would ultimately be conveyed to WRP, which has sufficient capacity for the Project. Therefore, impacts would be less than significant and no mitigation measures are required. f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Less Than Significant Impact. A significant impact may occur if a project were to increase solid waste generation to a degree such that the existing and projected landfill capacity would be insufficient to accommodate the additional solid waste. Solid waste generated within the City is disposed of at the Mid- Valley Landfill. Burrtec Waste Industries provides trash, recycling and some rights-of-way services to City residents and businesses. As is typical for most solid waste haulers in the San Bernardino area, the hauler would most likely separate and recycle all reusable material collected from the Project Site at a local materials recovery facility. The remaining solid waste would be disposed of at the Mid-Valley Landfill. This Class III landfill accepts non-hazardous solid waste including construction and demolition (“C&D”) waste. The Mid-Valley Landfill has a permitted capacity of 7,500 tons per day (“tpd”), has a remaining capacity of 67,520,000 cubic yards, and is estimated to remain open until 2033 under its current permit.60 Construction Impacts Implementation of the Project would generate C&D waste. C&D debris includes concrete, asphalt, wood, drywall, metals, concrete rubble, and other miscellaneous and composite materials. Table 25 – Estimated Project Construction and Demolition Solid Waste, presents the Project’s estimated C&D waste. Table 25 Estimated Project Construction and Demolition Solid Waste Construction Activity Size Generation Ratea Total Solid Waste Project Construction 5,486 sf 4.34 lbs/sf 23,809 lbs (11.9 tons) Demolition of Existing Residential Uses 1,972 sf 50 lbs/sf 98,600 lbs (49.3 tons) Total 122,409 lbs (61.2 tons) Notes: sf = square feet; lbs = pounds a Source: U.S. Environmental Protection Agency, Estimating 2003 Building-Related Construction and Demolition Material Amounts, March 2009, Table 2-2 (Nonresidential Construction) and Table 2-3 (Residential Demolition), pages 11, 13. Source (table): EcoTierra Consulting, May 2018. As shown in Table 25, the Project would generate approximately 122,409 pounds or 61.2 tons of C&D debris. Overall, considering that the Project would only represent a small portion of solid waste going into the landfill, and since the landfill has enough capacity to remain open until 2033 under its current permit, the existing landfill would have adequate capacity to accept construction waste associated with the Project. Therefore, solid waste impacts from C&D activities would be less than significant and no mitigation measures are required. 60 CIWMB, Solid Waste Information System, Facility/Site Summary Details, website: http://www.calrecycle.ca.gov/SWFacilities/Directory/36-AA-0055/Detail/, May 2018. 20.j Packet Pg. 707 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -103- City of San Bernardino, California Operational Impacts Implementation of the Project would slightly increase the employment population growth of the City. However, the growth that would occur under the Project would also occur under the City’s current General Plan. As shown in Table 26 – San Bernardino Disposal Tonnage Trend, the amount of solid waste disposal from the City has been on a decreasing trend due to the economic downturn, compliance with regulations, and implementation of existing recycling programs, although it is notable that in recent years there have been an increase due to economic growth and annexation in the City. Table 26 San Bernardino Disposal Tonnage Trend Year Tons of Disposal 2016 201,814 2015 213,929 2014 183,827 2013 157,919 2012 153,380 2011 155,981 2010 167,025 2009 171,130 2008 206,946 2007 227,579 Source: CalRecycle, Jurisdiction Disposal Tonnage Trend, website: http://www.calrecycle.ca.gov, accessed: May 2018. The Project Site is already urban and developed and, as with the rest of the City, is provided with solid waste disposal services by Burrtec Waste Industries. Recyclable refuse material, such as yard trimmings and other organics, generated by the Project would be processed into organic compost and mulches. Any waste material that cannot be recycled would be transported to the Mid-Valley Landfill. Furthermore, the City of San Bernardino enforces AB 341 and AB 939, the mandatory commercial recycling laws in California, and which require a 75 percent landfill diversion rate by 2020. As previously discussed, the Mid-Valley Landfill has a permitted capacity of 7,500 tpd, has a remaining capacity of 67,520,000 cubic yards.61 As such, the landfill’s permitted daily intake of 7,500 tpd would accommodate the daily operational waste generated by the Project. Therefore, solid waste impacts from operation of the Project would be less than significant and no mitigation measures are required. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. A significant impact may occur if a project would generate solid waste that was not disposed of in accordance with applicable regulations. The Project would generate solid waste that is typical of a commercial use, and would be consistent with all federal, State, and local statutes and regulations regarding proper disposal. Additionally, the amount of solid waste that would be generated by the Project would be further reduced through source reduction and recycling programs (as required by AB 939 and AB 341). Therefore, the impact would be less than significant and no mitigation measures are required. 61 CalRecycle, Solid Waste Information System, Facility/Site Summary Details, website: http://www.calrecycle.ca.gov/SWFacilities/Directory/36-AA-0055/Detail/, May 2018. 20.j Packet Pg. 708 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -104- City of San Bernardino, California Potentially Significant Impact Potentially Significant Unless Mit. Less than Significant Impact No Impact 19. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: 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 decrease 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 major periods of California history or prehistory? b. Does the project have impacts which are individually limited, but cumulatively considerable (“Cumulatively considerable” means the project’s incremental effects are considerable when compared to the past, present, and future effects of other projects)? c. Does the project have environmental effects which will have substantial adverse effects on human beings, directly or indirectly? a) 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 decrease 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 major periods of California history or prehistory? Less Than Significant Impact. A significant impact could occur only if a project would have an identified potentially significant impact for any of the above issues, as discussed in the preceding sections. The Project is located in an urbanized area and would have no significant and unavoidable impacts with respect to biological resources or cultural resources. The Project would not degrade the quality of the environment, reduce or threaten any fish or wildlife species (endangered or otherwise), or eliminate important examples of the major periods of California history or pre-history. Therefore, impacts would be less than significant and no additional mitigation measures beyond those already required for above-discussed impacts regarding biological resources and cultural resources are required. b) Have impacts which are individually limited, but cumulatively considerable (“Cumulatively considerable” means the project’s incremental effects are considerable when compared to the past, present, and future effects of other projects)? Less Than Significant Impact. A significant impact could occur if a project, in conjunction with other projects in the area of the project site, would result in impacts that would be less than significant when viewed separately, but would be significant when viewed together. As concluded in this analysis, the Project’s incremental contribution to cumulative impacts related to aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, geology/soils, GHG emissions, hazards/hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, tribal cultural resources, transportation/traffic, and utilities would be less than significant. As such, the Project’s contribution to cumulative impacts would be less than significant. 20.j Packet Pg. 709 Attachment: CD.GPA18-02.Fast5Xpress.A4.IS-MND (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) Fast5Xpress Car Wash Project Final Initial Study/Environmental Checklist -105- City of San Bernardino, California d) Have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. A significant impact may occur if a project has the potential to result in significant impacts, as discussed in the preceding sections. The analysis contained in this IS/MND concludes that the Project would not result in significant and unavoidable adverse effects after implementation of mitigation measures, where appropriate. Therefore, this impact would be less than significant and no additional mitigation measures are required. 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5Xpress Car Wash) 20.k Packet Pg. 718 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 719 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 720 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 721 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 722 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 723 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 724 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 725 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 726 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 727 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 728 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 729 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 730 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 731 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 732 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 733 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 734 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 735 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 736 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 737 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 738 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 739 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 740 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 741 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 742 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 743 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 744 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 745 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 746 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 747 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.k Packet Pg. 748 Attachment: CD.GPA18-02.Fast5Xpress.A5.PC.Resolution (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 749 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 750 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 751 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 752 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 753 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 754 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 755 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 756 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 757 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 758 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 759 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 760 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 761 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 762 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 763 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 764 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 765 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 766 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 767 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 768 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 769 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 770 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 771 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 772 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 773 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 774 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 775 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 776 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 777 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 778 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 779 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 780 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 781 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 782 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 783 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 784 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 785 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 786 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 787 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 788 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 789 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 790 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 791 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 792 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 793 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 794 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 795 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 796 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 797 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 798 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 799 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 800 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 801 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 802 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 803 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 804 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 805 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 806 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 20.l Packet Pg. 807 Attachment: CD.GPA18-02.Fast5Xpress.A6.PC.StaffReport (5925 : GPA, DCA, and CUP for 5Xpress Car Wash) 21.a Packet Pg. 808 Attachment: CM.Meeting Dates and Times Staff Report.1-16-19New (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) Discussion Currently, the Mayor and City Council meetings are held on the first and third Wednesdays of each month commencing at four p.m. (4 p.m.) for Closed Session and five p.m. (5 p.m.) for Open Session. The attached Ordinance has been prepared amending Section 2.58.010 of Chapter 2.58 of Title 2 of the municipal code to reflect the Mayor and Council’s direction to staff on January 2, 2019 that the meeting time be changed to commence at (5:30 p.m.) for Closed Session and seven p.m. (7 p.m.) for Open Session. Additionally, there was a request that the City implement a modified schedule during the holidays and in the spring and summer months. In 2019, this would consist of: Holiday Schedule – meet ONLY the first Wednesday in November 2019 and December 2019, and return on the third Wednesday in January 2020 Spring Recess — Cancel Wednesday, April 17, 2019 Summer Recess—Cancel Wednesday July 3, 2019 Staff would administratively adjust the 2019 meeting schedule to reflect these dates. The Ordinance will continue to provide these dates as regular meeting dates in the event there is a need for the City Council to act on an item. Meeting Location Options At the January 2nd Council Meeting, there was also discussion concerning the use of the Inland Valley Development Agency’s (IVDA) Board room for City Council Meetings. After some discussion it was agreed that staff would update the information provided at the April 4, 2018, meeting regarding facility options for Council Meetings. Five additional facilities have been researched: Community College District, Sturges Center for Fine Arts, California Theatre, San Bernardino Valley College and the San Bernardino Unified School District. Of those options, the most suitable locations to accommodate the needs of the Mayor and City Council appear to be: 1. Continue to hold meeting at the current location at 201. N E Street until such time that a decision is made and timing is known about a new City Hall (no cost). 2. Inland Valley Airport Authority Board Room – 1601 E 3rd Street (up to $1800 per meeting). 3. Feldheym Library – Bing Wong Lecture Hall – 555 W. 5th Street (no cost). All facility options previously presented and the five additional sites researched for Council Meetings are included in the attached list (Attachment 2) for your consideration. 1/10/2019 3:44 PM 21.a Packet Pg. 809 Attachment: CM.Meeting Dates and Times Staff Report.1-16-19New (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) Fiscal Impact There is no fiscal impact associated with the approval of the change to the meeting schedule. However, should the Mayor and City Council wish to consider alternate locations for meetings to be held, may be an added cost depending on the preferred location. 2018-19 Goals and Objectives The consideration of City Council meeting dates, times, and place align with Goal No. 5: Improve City Government Operations, by providing a better opportunity for public participation. Conclusion Staff recommends that the City Council Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1511; and, Review, discuss, and provide direction based on the findings of City Council Chambers relocation options. Attachments Attachment 1 Ordinance No. MC 1511 Attachment 2 City Council Meeting location options Recommendation Ward: All Synopsis of Previous Council Actions: 1/2/2019 – Directed staff to prepare and Ordinance amending Chapter 2.58 of the Municipal Code concerning meeting times. 4/17/17 – Adopted Ordinance No. MC – 1438 amending Chapter 2.58 of the Municipal Code. 1/10/2019 3:44 PM 21.a Packet Pg. 810 Attachment: CM.Meeting Dates and Times Staff Report.1-16-19New (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) ORDINANCE NO. MC-1511 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 2.58.010 OF CHAPTER 2.58 OF TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATING TO MEETINGS WHEREAS, Section 309 of the City Charter for the City of San Bernardino (“City”) authorizes the City Council to establish the time and place of its meetings; and WHEREAS, on April 17, 2017, the Mayor and City Council adopted Ordinance No. MC-1438 amending Chapter 2.58 of the San Bernardino Municipal Code to establish meeting procedures; and WHEREAS, now, the City Council desires to amend Section 2.58.010 of Chapter 2.58 of the San Bernardino Municipal Code to change the time of City Council meetings. 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. Section 2.58.010 of Chapter 2.58 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “2.58.010 Mayor and City Council A. Regular meetings of the Mayor and City Council of the City of San Bernardino shall be held on the first and third Wednesdays of each month commencing at five-thirty p.m. (5:30 p.m.) for Closed Session and at seven p.m. (7 p.m.) for Open Session at the City Council Chambers, City Hall, 300 North “D” Street, San Bernardino, California, or such other location within the City as may be properly noticed. B. The City Council, as the elected body serving all of the residents of the City, shall perform its duties and exercise its powers in a manner that serves the best interests of the entire City, rather than any particular geographic area or special interest.” SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase 21.b Packet Pg. 811 Attachment: CM.Meeting Dates and Times.Ordinance MC-1511 (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) Ordinance No. MC-1511 be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 5. Certification. 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. SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of January, 2019. ___________________________ 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. 812 Attachment: CM.Meeting Dates and Times.Ordinance MC-1511 (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) 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-1511, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of January, 2019. Ordinance No. MC-1511 was approved, passed and adopted at a regular meeting held the 6th day of February, 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 ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 21.b Packet Pg. 813 Attachment: CM.Meeting Dates and Times.Ordinance MC-1511 (5926 : Ordinance No. MC-1511 Re: Mayor and City Council Meetings) 21.c Packet Pg. 814 Attachment: CM.Meetings Dates and Times City Council Chambers ATTACHMENT 2. (5926 : Ordinance No. MC-1511 Re: Mayor and City 21.c Packet Pg. 815 Attachment: CM.Meetings Dates and Times City Council Chambers ATTACHMENT 2. (5926 : Ordinance No. MC-1511 Re: Mayor and City