HomeMy WebLinkAbout01-02-2019 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 2, 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 2, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 12/28/2018
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 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)):
City Manager
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
APPOINTMENTS
2. An imal Control Commission Appointment
Recommendation: Approve the appointment of Mr. Gary M. Blake to the
Animal Control Commission.
Regular Meeting Agenda January 2, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 12/28/2018
3. Arts and Historical Preservation Commission Appointment
Recommendation: Approve the appointment of Ms. Darlene M. Herrera
to the Arts and Historical Preservation Commission.
4. Charter Review Commission Appointment
Recommendation: Approve the appointment of Ms. Susan Green -
Dantzler to the Charter Review Commission.
5. Planning Commission Re-Appointment
Recommendation: Approve the re-appointment of Ms. Amelia S. Lopez
to the Planning Commission.
6. Public Safety and Human Relations Commission Appointment
Recommendation: Approve the appointment of Mr. Sean E. Kelley to the
Public Safety and Human Relations Commission.
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.
7. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated January 2, 2019.
8. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
December 2018.
Regular Meeting Agenda January 2, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 12/28/2018
9. City Council Approval of Draft Minutes
Recommendation: Approve the minutes of the Mayor and City Council
Regular Meeting of November 7, 2018.
10. Resolution to Approve City Investment Policy for FY 2018/19
Recommendation: Adopt Resolution No. 2019-1 of the Mayor and City
Council of the City of San Bernardino, California,
approving an Investment Policy for FY 2018/19.
11. Property and Asset Exchange between City Water Department and East
Valley Water District
Recommendation: Adopt Resolution No. 2019-2 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).
12. Sale of Del Rosa Mutual Water Company Shares
Recommendation: Adopt Resolution No. 2019-3 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.
13. City Water Efficient Landscape Improvements Plan (Informational Item
Only)
Recommendation: This is an informational item, no action is
recommended at this time.
14. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to
provide Construction Inspector Services
Recommendation: Adopt Resolution No. 2019-4 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.
Regular Meeting Agenda January 2, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 12/28/2018
15.First Amendment to Legal Services Agreement with Jones & Mayer to
provide Legal Services for Code Enforcement and Prosecution Services
Recommendation: Authorize the City Manager to execute the First
Amendment to the Legal Services Agreement
between Jones & Mayer and the City of San
Bernardino to provide legal services for Code
Enforcement and Prosecution Services.
16.Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
Goltsman, Inc. for Signage Regulations
Recommendation: Adopt Resolution No. 2019-5 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.
STAFF REPORTS
17.Discussion regarding City Council Meeting Dates, Time, and Place
Recommendation: Review, discuss, and provide direction concerning
City Council Meeting Dates, Time, and Place.
18.Proposed Staffing Level for the Office of the Mayor
Recommendation: Review, discuss, and consider proposed increases in
the staffing level within the Mayor’s Office to support
the operational needs as identified by the Mayor; and
Authorize the Director of Finance or designee to
amend the FY 2018/19 Adopted Budget by
appropriating $242,000 from the General Fund
reserve into the various affected salary accounts to
establish 6 new positions in the Office of the Mayor.
19.Southern California Association of Governments RHNA Update
Recommendation: Receive an oral report by Council Member Mulvihill.
Regular Meeting Agenda January 2, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 12/28/2018
20. Special Municipal Election 2019 - Vacant Seat in Third Ward
Recommendation: Adopt Resolution No. 2019-6 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.
21. 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 HEARING
22. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse
Recommendation: Adopt Resolution No. 2019-7 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 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, 2019 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
Open Session will begin at 5:00 p.m.
Regular Meeting Agenda January 2, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 12/28/2018
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 2, 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 201 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, December 28, 2018.
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 Mayo r 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 tim e 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 Mayo r
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. No member of the public shall be permitted to “share” his/her
three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agen cy. 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 ot herwise
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.
2.a
Packet Pg. 8 Attachment: CC ANIMAL CONTROL APPOINTMENT_Redacted (5886 : Animal Control Commission Appointment)
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Packet Pg. 9 Attachment: CC ANIMAL CONTROL APPOINTMENT_Redacted (5886 : Animal Control Commission Appointment)
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Packet Pg. 10 Attachment: CC ANIMAL CONTROL APPOINTMENT_Redacted (5886 : Animal Control Commission Appointment)
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Packet Pg. 11 Attachment: CC ANIMAL CONTROL APPOINTMENT_Redacted (5886 : Animal Control Commission Appointment)
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Packet Pg. 12 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 13 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 14 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 15 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 16 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 17 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 18 Attachment: CC ARTS APPOINTMENT_Redacted (5887 : Arts and Historical Preservation Commission Appointment)
4.a
Packet Pg. 19 Attachment: CC CHARTER REVIEW APPOINTMENT_Redacted (5888 : Charter Review Commission Appointment)
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Packet Pg. 20 Attachment: CC CHARTER REVIEW APPOINTMENT_Redacted (5888 : Charter Review Commission Appointment)
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Packet Pg. 21 Attachment: CC CHARTER REVIEW APPOINTMENT_Redacted (5888 : Charter Review Commission Appointment)
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Packet Pg. 22 Attachment: CC CHARTER REVIEW APPOINTMENT_Redacted (5888 : Charter Review Commission Appointment)
5.a
Packet Pg. 23 Attachment: CC PLANNING APPOINTMENT_Redacted (5889 : Planning Commission Re-Appointment)
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Packet Pg. 24 Attachment: CC PLANNING APPOINTMENT_Redacted (5889 : Planning Commission Re-Appointment)
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Packet Pg. 25 Attachment: CC PLANNING APPOINTMENT_Redacted (5889 : Planning Commission Re-Appointment)
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Packet Pg. 26 Attachment: CC PLANNING APPOINTMENT_Redacted (5889 : Planning Commission Re-Appointment)
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Packet Pg. 27 Attachment: CC PUBLIC SAFETY APPOINTMENTS_Redacted (5890 : Public Safety and Human Relations Commission Appointment)
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Packet Pg. 28 Attachment: CC PUBLIC SAFETY APPOINTMENTS_Redacted (5890 : Public Safety and Human Relations Commission Appointment)
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Packet Pg. 29 Attachment: CC PUBLIC SAFETY APPOINTMENTS_Redacted (5890 : Public Safety and Human Relations Commission Appointment)
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Packet Pg. 30 Attachment: CC PUBLIC SAFETY APPOINTMENTS_Redacted (5890 : Public Safety and Human Relations Commission Appointment)
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: January 2, 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 2,
2019.
7.a
Packet Pg. 31 Attachment: Waive Reading.Report_January 2 (5891 : Waive Full Reading of Resolutions and Ordinances)
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Packet Pg. 32 Attachment: FN.Commercial Checks Payroll Report Jan 02, 2018 (5892 : 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 #31
Attachment 2 – Commercial checks for Register #32
Attachment 3 – Payroll checks for December 2018
Ward:
Synopsis of Previous Council Actions:
8.a
Packet Pg. 33 Attachment: FN.Commercial Checks Payroll Report Jan 02, 2018 (5892 : City Council Approval of Commercial and Payroll Checks)
8.b
Packet Pg. 34 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 35 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 36 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 37 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 38 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 39 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 40 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 41 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 42 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 43 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
8.b
Packet Pg. 44 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 45 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 46 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 47 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 48 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 49 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 50 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
8.b
Packet Pg. 51 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 52 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 53 Attachment: FN.Commercial Checks & Payroll. Register #31 (5892 : City Council Approval of Commercial
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Packet Pg. 54 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 55 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 56 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 57 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 58 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 59 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 60 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 61 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 62 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 63 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 64 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 65 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 66 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 67 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 68 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 69 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 70 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
8.c
Packet Pg. 71 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
8.c
Packet Pg. 72 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 73 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 74 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 75 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
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Packet Pg. 76 Attachment: FN.Commercial Checks & Payroll. Register #32 (5892 : City Council Approval of Commercial
8.d
Packet Pg. 77 Attachment: FN COMMERCIAL CHECKS.att3 (5892 : City Council Approval of Commercial and Payroll Checks)
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Packet Pg. 78 Attachment: FN COMMERCIAL CHECKS.att3 (5892 : City Council Approval of Commercial and Payroll Checks)
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: January 2, 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 Meeting of November 7,
2018.
9.a
Packet Pg. 79 Attachment: Minutes_January 2 (5893 : City Council Approval of Draft Minutes)
9.b
Packet Pg. 80 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 81 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 82 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 83 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 84 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 85 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 86 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 87 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 88 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 89 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 90 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
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Packet Pg. 91 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
9.b
Packet Pg. 92 Attachment: 11-07-18_JtReg_JPDRAFT_ (5893 : City Council Approval of Draft Minutes)
10.a
Packet Pg. 93 Attachment: FN.Investment Policy Approval -2018-19. Staff Report (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
Investment Advisor, with approval from the Mayor and City Council, if that is deemed to
be in the City’s best interest.
A more robust section addressing the City’s investment criteria is included. This section
indicates the City’s priorities as it approaches the investment of City resources.
Specifically, safety of the investment is of paramount importance for the preservation of
capital. The second priority is to make certain the investment pool is of sufficient liquidity
such that cash resources are available as needed to meet the City’s anticipated
obligations. Lastly, is a focus on Yield – the desire to earn a market rate of return on
cash balances not immediately needed for meeting obligations.
Other minor adjustments have been made to the authorized investments and the
diversification requirement for the portfolio:
• Spelling out the diversification requirement so that no more than 5% of the
securities is with one issuer, regardless of type of security, except for the
authorized exceptions spelled out in the policy, which did not change
• Enhanced section on purchasing other municipal debt, to include purchasing the
bonds of the other 49 states within the US
• Authorization to purchase the bonds of the Supranational banks when rated AA
or better; recommending allowing up to 10% of the portfolio; the State law allows
up to 30%
• Added discussion on the investment of proceeds from City issued debt
• Language added to allow the addition and deletion of broker/dealers and
qualified bidders for financial investments
• Average duration of the portfolio specifically spelled out at not to exceed 3 years
2018/19 Goals and Objectives
Approving the annual renewal of the Investment Policy is consistent with Goal No.
6: Operate in a Fiscally Responsible and Business-Like Manner. The annual approval
is a requirement of state law as it pertains to managing the investment of City funds and
provides guidance to the Director of Finance to execute this Charter-designated
responsibility.
Fiscal Impact
The proposed action has no specific fiscal impact. It authorizes continued investment of
the City’s $120 million investment portfolio which generates between $1.5 and $2.0
million annually given the current interest rate environment. Interest earnings have
been anticipated in the adopted FY 2018/19 Operating Budget.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-1
approving the City Investment Policy for FY 2018/19.
12/21/2018 11:42 AM
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Attachments
Attachment 1 Resolution 2019-1
Attachment 2 Resolution No. 2016-141; Exhibit A - Investment Policy
Synopsis of previous action: 07/06/2016 – Resolution 2016-141 was adopted approving the
2016/17 Investment Policy.
12/21/2018 11:42 AM
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Packet Pg. 95 Attachment: FN.Investment Policy Approval -2018-19. Staff Report (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
Resolution No. 2019-1
RESOLUTION NO. 2019-1 RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN INVESTMENT POLICY FOR FY
2018/19
WHEREAS, the City of San Bernardino has an existing investment policy consistent
with state law and sound financial management practices; and
WHEREAS, the state law requires that the managing board of any municipality within
the state review and reapprove the investment policy on an annual basis; and
WHEREAS, the functions associated with the former office of the Elected City
Treasurer have been transferred to the City’s Director of Finance per the mandate of the new
City Charter approved in November 2016; and
WHEREAS, The effective date of the transfer of responsibilities was July 1, 2017 as the
City was implementing the various sections of the new Charter as opportunities became prudent
to do so; and
WHEREAS the Director of Finance has reviewed the 2016/17 investment policy adopted
July 6, 2016, and is recommending minor changes to modernize, which are included in the
proposed policy attached hereto as Exhibit “A ;”
WHEREAS, such policy is presented to the Mayor and City Council for its review and
approval for Fiscal Year 2018/19 consistent with state law.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby adopts the "Investment Policy for
Fiscal Year 2018/19," attached hereto as Exhibit "A" and incorporated herein and made a part of
this Resolution.
SECTION 3. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 19th day of December, 2018.
John Valdivia, Mayor
City of San Bernardino
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Packet Pg. 96 Attachment: FN.Investment Policy Approval -2018-19. Resolution (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
Resolution No. 2019-1
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 97 Attachment: FN.Investment Policy Approval -2018-19. Resolution (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
Resolution No. 2019-1
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 19th day of December, 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of January 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 98 Attachment: FN.Investment Policy Approval -2018-19. Resolution (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
1
RESOLUTION NO. 2016-141
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE
5
ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE PERIOD JULY 1, 2016
THROUGH JUNE 30,2017.
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. The City Treasurer of the City of San Bernardino declares the annual
10
Statement of Investment Policy is as set forth in Exhibit"A", attached hereto and incorporated
11
12 herein by this Reference as though fully set forth at length.
13 SECTION 2. An annual Statement of Investment Policy for the City of San Bernardino
14
has been filed by the City Treasurer for the period of 7/01/2016 through 06/30/2017.
15
16
17
18
19
20
21
22
23
24 HI
25
26
27
28
1
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Packet Pg. 99 Attachment: FN.Investment Policy Approval 2016-17 Attach.2.docx (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE
ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE PERIOD JULY 1, 2016
3
THROUGH JUNE 30, 2017.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5`"
7 day of July, 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ X
10
BARRIOS X
11
12 VALDIVIA X
13 SHORETT X
14
NICKEL X
15
RICHARD X-
16
17
MULVIHILL X
18 C
Georg Hanna,6,1C, City Clerk
19
20
The foregoing Resolution is hereby approved this day of July, 2016.
21
22
23 R. Carey DaiernardinoMayor
City of San
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
27
28
2
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Packet Pg. 100 Attachment: FN.Investment Policy Approval 2016-17 Attach.2.docx (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
2016-141
Exhibit A
Bow
San Bernar i'Do
sm
CITY OF SAN BERNARD/NO
INVESTMENT POLICY
07111x06/17
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Packet Pg. 101 Attachment: FN.Investment Policy Approval 2016-17 Attach.2.docx (5894 : Resolution to Approve City Investment Policy for FY 2018/19)
2016-141
Exhibit A
INVESTMENT
POLICY 2016/2017
1.0 Policy
It is the policy of the City of San Bernardino to invest public funds in a
manner which provides the highest investment return with the maximum
security safety, while meeting the daily cash flow demands of the City of
San Bernardino. Investments will be made in conformity to the
California Government Code, Sections 53601 through 53659 and
approved by the City Council of the City of San Bernardino.
2.0 Scope
The investment policy applies to all financial assets of the City of San
Bernardino, as accounted for in the Comprehensive Annual Financial
Report and include:
Funds:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Agency Funds
2
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2016-141
Exhibit A
3.0 Prudence
Investments shall be made with judgment and care-under
circumstances then prevailing-which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall
be the "prudent person" and/or "prudent investor" standard
and shall be applied in the context of managing an overall
portfolio. Investment officers acting in accordance with written
procedures and the investment policy and exercising due
diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely
fashion and appropriate action is taken to control adverse
developments.
3.2 It is the City's full intent, at the time of purchase, to hold all
investments until maturity to ensure the return of all invested
principal dollars.
4.0 Objectives
Pursuant to Government Code Sec. 53600.5 which states "When
investing, reinvesting, purchasing, acquiring, exchanging, selling, or
managing public funds, the primary objective of a trustee shall be to
safeguard the principal of the funds under its control. The secondary
objective shall be to meet the liquidity needs of the depositor. The
third objective shall be to achieve a return on the funds under its
control.
4.1 Safety: Safety of principal is the foremost objective of the City of
San Bernardino. Each investment transaction shall seek to ensure
that capital losses are avoided, whether from securities default,
broker-dealer default or erosion of market value. To attain this
objective, the City of San Bernardino will diversify its investments
by investing funds among a variety of securities offering
independent returns and financial institutions. Further, City shall
3
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2016-141
Exhibit A
seek to preserve principal by mitigating these two types of risk—
credit risk and market risk.
4.2Liquidity: The City of San Bernardino's investment portfolio will
remain sufficiently liquid to enable the City of San Bernardino to
meet all operating requirements which might be reasonably
anticipated.
5.0 Delegation of Authority
Authority to manage the City of San Bernardino's investment program is
derived from Resolution No. 91-212 of the City of San Bernardino
approved on June 4, 1991 and the Charter of the City of San Bernardino.
Such authority is given to the City Treasurer. Daily management
responsibility for the investment program is hereby delegated to the
Deputy City Treasurer who shall be responsible for all transactions
undertaken and shall establish a system of controls to regulate the
activities of subordinate officials, and their procedures in the absence of
the City Treasurer.
5.1 Investment Procedures:
The City Treasurer shall establish written investment policy
procedures for the operation of the investment program consistent
with this policy. The procedures should include reference to
safekeeping, wire transfer agreements, banking service contracts,
and collateral/ depository agreements. Such procedures shall
include explicit delegation of authority to persons responsible for
investment transactions. No person may engage in an investment
transaction except as provided under the terms of this policy and
the procedures established by the City Treasurer.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain
from personal business activity that conflicts with proper execution of
the investment program, or impairs their ability to make impartial
investment decisions. Additionally, the City Treasurer is required to
annually file applicable financial disclosures as required by the Fair
Political Practices Commission (FPPC).
4
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2016-141
Exhibit A
7.0 Authorized Financial Dealers and Institutions:
The City Treasurer will maintain a list of financial institutions and
approved broker/dealers selected pursuant to Section 53601.5.,which
states that any investment not purchased directly from the issuer, shall
be purchased either from an institution licensed by the state as a
broker/dealer, or from a member of a federally regulated securities
exchange, from a national or state-chartered bank, from a federal or
state association or from a brokerage firm designated as a primary
government dealer by the Federal Reserve Bank. These may include
primary" dealers or regional dealers. No public deposit shall be made
except in a qualified public depository as established by state laws.
Additionally, all financial institutions and broker/dealers who desire to
become qualified bidders for investment transactions must supply the
treasurer with the following:
7.1 Audited financial statements
7.2 Proof of Financial Industry Regulatory Authority-FINRA
7.3 Proof of state registration
7.4 Certification of having read entity's investment policy and
depository contracts
The Treasurer will conduct an annual review of the qualified bidders.
8.0 Authorized & Suitable Investments:
The City of San Bernardino is empowered by statute to invest in the
following securities:
8.1 United States Treasury notes, bonds, bills, or certificates of
indebtedness, or those for which the faith and credit of the United
States are pledged for the payment of principal and interest.
Portfolio percentage: 100%
8.2 Federal agency or United States government-sponsored enterprise
obligations, participations, or other instruments, including those
issued by or fully guaranteed as to principal and interest by federal
agencies or United States government-sponsored enterprises,
5
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2016-141
Exhibit A
including callables. There is no percentage limitation of the
portfolio, which can be invested in this category, although a 5-year
maturity limitation is applicable.
8.3 Bills of exchange or time drafts drawn on and accepted by a
commercial bank, otherwise known as bankers' acceptances.
Purchases of banker's acceptances may not exceed 180 days to
maturity nor exceed 40% of the agency's surplus funds, which may
be invested pursuant to this section. However, no more than 30%
of the agency's surplus funds may be invested in the banker's
acceptances of any one commercial bank pursuant to this section.
8.4 Commercial paper of"prime" quality of the highest ranking or of
the highest letter and numerical rating as provided for by Moody's
Investors Service, Inc., or Standard and Poor's Corporation.
Purchases of eligible commercial paper may not exceed 25% of the
agency's surplus money. Purchases of eligible commercial paper
may not exceed 270 days to maturity.
8.5 Negotiable certificates of deposit issued by a nationally or state-
chartered bank or a savings association or federal association or a
state or federal credit union or by a state-licensed branch of a
foreign bank. Purchases of negotiable certificates of deposit may
not exceed 30% of the agency's surplus money, which may be
invested pursuant to this section. A maturity limitation of five
years is applicable.
8.6 Time deposits, non-negotiable and collateralized in accordance with
the California Government Code, may be purchased through banks
or savings and loan associations. Since time deposits are not
liquid, no more than 25% of the cash surplus may be invested in
time deposits.
8.7 Medium-term notes, defined as all corporate and depository
institution debt securities with a maximum remaining maturity of 5
years or less, issued by corporations organized and operating
within the United States or by depository institutions licensed by
the United States or any state and operating within the United
States. Securities eligible for investment shall be rated AA or
better by Moody's or Standard & Poor's rating services. Purchase
of medium term notes may not exceed 30% of the surplus cash and
no more than 15% of the market value of the portfolio may be
invested in notes issued by one corporation. Commercial paper
holdings should also be included when calculating the 15%
limitation.
6
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2016-141
Exhibit A
8.8 Any mortgage passthrough security, collateralized mortgage
obligation, mortgage-backed or other pay-through bond, equipment
lease—backed certificate, consumer receivable passthrough
certificate, or consumer receivable-backed bond of a maximum of
5 years maturity, having an "A" or higher rating for the issuer's
debt and rated in a rating category of"AA" or equivalent or better
by a nationally recognized rating service. Authorized securities
may not exceed 20% of the agency's surplus money.
8.9 Various daily cash funds including short-term money market
accounts administered for or by trustees, paying agents and
custodian banks contracted by the City of San Bernardino may be
purchased as allowed under State of California Government Code.
Only funds holding U. S. Treasury or government agency
obligations can be utilized.
8.10 State of California and municipal bonds, notes or registered
warrants.
9.0 Local Agency Investment Fund (LAIF):
State of California managed investment pool, may be used up to the
maximum permitted by California State Law.
10.0 Maximum Maturities:
To the extent possible, the City of San Bernardino will attempt to
match its investments with anticipated cash flow requirements.
Unless matched to a specific cash flow, the City of San Bernardino
will not directly invest in securities maturing more than five years
from the date of purchase. Such an investment will only be made with
Council approval.
Reserve funds may be invested in securities exceeding five years if
the maturity of such investments is made to coincide as nearly as
practicable with the expected use of the funds.
10.1 The city will attempt to balance maturities, at the time of
investment, in accordance with the following guidelines:
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Exhibit A
Maturity ange Percentage of Surplus Cash
1 day to 364 days 10 to 50%
1 year to 2 years 0 to 50%
2 years to 3 years 0 to 50%
3 years to 4 years 0 to 50%
4 years to 5 years 0 to 50%
11.0 Diversification
The City of San Bernardino will diversify its investments by security
type and institution.
The following summary of maximum percentage limits, by instrument, is
established for the City of San Bernardino's total portfolio:
Investment Type
Local Agency Investment Fund 40,000,000
U.S. Treasury Bonds/Notes/B ills 100%
U. S. Government Agency Obligations 100%
U. S. Government Agency Callables 75%
Bankers' Acceptance 40%
Commercial Paper 25%
Negotiable Certificates of Deposit 30%
Time Certificates of Deposit 25%
Medium Term Corporate Notes 30%
Cash funds and Money Market accounts 30%
Passbook savings/demand deposits 20%
Mortgage Pass Through Securities 20%
State of CA and Municipal Bonds 10 %
8
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Exhibit A
12.0 Safekeeping and Custody:
All security transactions entered into by the City of San Bernardino
shall be conducted on a delivery-versus-payment (DVP) basis.
Securities will be held by a third party custodian designated by the
Treasurer and evidenced by safekeeping receipts.
13.0 Internal Controls:
The Treasurer shall establish an annual process of independent review
by an external auditor. This review will provide internal control by
assuring compliance with policies and procedures.
14.0 Reporting
The Treasurer shall provide the Mayor, City Administrator, Finance
Director, City of San Bernardino Water Finance Director, City
Attorney, City Clerk, and City Council quarterly investment reports
which provide a clear picture of the status of the current investment
portfolio. Schedules in the monthly report should include the
following:
A listing of individual securities held at the end of the
reporting period by authorized investment category.
Average life and final maturity of all investments listed.
Coupon, discount or earnings rate
Par value, Amortized Book Value and Market Value
Percentage of the Portfolio represented by each investment
category
9
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Exhibit A
15.0 Investment Policy Adoption:
The City of San Bernardino's investment policy shall be adopted by
resolution of the City Council. The policy shall be reviewed annually
by the City Council and any modifications made thereto must be
approved by the City Council
16.0 Portfolio Management Activity:
The City of San Bernardino's investment program shall seek to
augment returns consistent with the intent of this Policy, identified
risk limitations and prudent investment principles.
17.0 Interest Earnings
All moneys earned and collected from investments authorized in this
policy shall be allocated monthly to various fund accounts based on
the cash balance in each fund as a percentage of the entire pooled
portfolio.
10
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Exhibit A
City of San Bernardino
Investment Policy
Effective July 2018 to June 30, 2019
Adopted January 2, 2019
I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner
that will protect City funds, meet daily cash flow expenditures, and comply with all
federal, state, and local laws and ordinances governing the investment of public
funds.
II. POLICY
It shall be the policy of the City of San Bernardino to annually review and adopt
an Investment Policy by resolution of the City Council. This Policy applies to all
financial assets and funds held by the City of San Bernardino and the Successor
Agency to the San Bernardino Redevelopment Agency. All Funds reflected in
the City’s Annual Financial Report are subject to this policy, including any new
funds that are created, unless specifically exempted by the City Council. Any
modifications to the Policy must be approved by the City Council.
III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and
incorporate any changes in state law, recommendations from the City’s
Investment Advisor, recommendations from the various national and state
organizations of municipal finance officers, or other changes recommended by
City staff. The revised Investment Policy shall be presented to the Finance
Committee and the City Council for review and approval.
(A) Responsibilities
No person may engage in investment activities except as provided under the
terms of this Policy and the procedures established by the Director of Finance.
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1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written
Investment Policy. As provided in this Policy, the Council shall receive
quarterly Investment Reports.
2. Responsibilities of the Director of Finance
The Finance Director is appointed by and serves at the pleasure of the
City Manager and is subject to his/her direction and supervision. The
Finance Director is charged with responsibility for the conduct of all
Finance Department operations. The City Charter places the “City
Treasurer” responsibilities amongst the duties of the Director of
Finance. That individual is charged with responsibility for carrying out
all investment actions. He/she may delegate the day-to-day
investment activities to their designee(s) but not the responsibility for
the overall investment program. If authorized by the City Council, the
Director of Finance may also utilize the services of an external
investment advisor to assist with the investment program.
The Director of Finance, through supporting staff members, is
responsible to manage all public funds and securities belonging to or
under the control of the City and the Successor Agency, including the
deposit and investment of those funds in accordance with principles of
sound treasury management and applicable laws and ordinances.
Appropriate internal controls designed to ensure that assets of the City
are protected from loss, theft, or misuse, including but not limited to
separation of duties and multiple approvers for transactions, shall be
maintained at all times in order to safeguard the City’s assets.
3. Responsibilities of the City’s Investment Advisor (if applicable)
Should the City determine that it is appropriate to engage a firm to
manage the City’s investment portfolio, the Investment Advisor shall
invest the City’s funds in investments that are in compliance with this
policy and provide accurate and timely reports of its investment
activities to City staff. The Investment Advisor shall never take
possession of the City’s funds or assets.
4. Responsibilities of the City’s Auditing Firm
The City’s auditing firm’s responsibilities shall include, but are not
limited to, the examination and analysis of fiscal procedures and the
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examination, checking, and verification of accounts, revenues, and
expenditures. A review of the City’s investment program is a part of
this responsibility.
(B) Prudent Person Rule
The City of San Bernardino makes its cash investments under the prudent
person rule (Probate Code Section 16040, et seq), which states, in
essence, that in investing and managing property, a trustee shall act with
the care, skill, prudence, and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of like character
and with like aims to accomplish the purposes of the trust as determined
in the Investment Policy. This affords the City a broad spectrum of
investment opportunities as long as an investment is deemed prudent as
is allowable under the current laws of the State of California.
The Director of Finance and other individuals assigned to manage the
investment portfolio, acting in accordance with state law and the intent and
scope of the Investment Policy and other written procedures and
exercising due diligence, shall be relieved of personal responsibility and
liability for an individual security’s credit risk or market price changes,
provided deviations from expectations are reported in a timely manner and
appropriate action is taken to control adverse developments.
(C) Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain
from personal business activity that conflicts with proper execution of the
investment program or impairs their ability to make impartial investment
decisions. Additionally, the Director of Finance, other employees
designated in the City’s conflict of interest code, and the City’s Investment
Advisor (if applicable), are required to annually file applicable financial
disclosures as required by the Fair Political Practices Commission (FPPC)
and are subject to California law relative to conflicts of interest.
(D) Level of Investment
The City strives to maintain the level of investment of all investable cash
as near to 100 percent as possible through current and projected cash
flow management. The Director of Finance shall maintain a system to
monitor and forecast revenues and expenditures so that City funds can be
invested to the fullest extent possible while providing sufficient liquidity to
meet the City’s reasonably anticipated cash flow requirements. Maturities
of investments will be selected to provide necessary liquidity, manage
interest rate risk, and optimize earnings. Because of inherent difficulties in
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accurately forecasting cash flow requirements, a portion of the portfolio
should be continuously invested in readily available funds.
(E) Investment Criteria
The City seeks safety and liquidity in all of its investments followed by
yield. Safety, liquidity, and yield are defined as follows:
1. Safety. Safety of principal is the foremost objective of the
investment program. Investments shall be undertaken in a manner
that seeks to ensure the preservation of capital in the overall
portfolio.
2. Liquidity. The investment portfolio shall remain sufficiently liquid to
meet operating requirements that may be reasonably anticipated.
This is accomplished by structuring the portfolio so that securities
mature concurrent with cash needs to meet anticipated demands.
3. Yield. The investment portfolio shall be designed with the objective
of attaining a market rate of return, taking into account the
investment risk constraints and liquidity needs. Return on
investment is of secondary importance compared to the safety and
liquidity objectives described above.
(F) Allowable Investments
Sections 53601 & 53635 of the California Government Code govern
allowable investments. The City shall not invest in any investment
authorized by the Government Code, but not explicitly listed in this Policy
without the prior approval of the City Council. In the event that an
apparent discrepancy is found between this Policy and the Government
Code, the more restrictive parameters will take precedence. If collateral is
required for a particular investment type, it will be provided in compliance
with California Government Code requirements. Furthermore, the City will
not invest in inverse floaters, range notes, mortgage-derived, interest-only
strips, or any security that could result in zero interest accrual if held to
maturity. Prior to investing in any pooled investment program (e.g., LAIF,
money market funds), the Director of Finance will review the program’s
documentation (e.g., investment policy, policies for participation, fees) to
determine the appropriateness of the pool for City funds. Whenever the
City has funds invested in a pooled investment program, the Director of
Finance should periodically review the pool’s investment holdings.
The City shall diversify the investments within the portfolio to avoid
incurring unreasonable risks inherent in over-investing in specific
instruments, individual financial institutions, or maturities. To promote
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diversification, no more than 5% of the portfolio may be invested in the
securities of any one issuer, regardless of security type; excluding U.S.
Treasuries, federal agencies, supranationals, and pooled investments
such as LAIF, money market funds, or local government investment pools.
The weighted average duration of the investment portfolio shall not
exceed 3.0 years. For those investment types for which this Policy does
not specify a maturity limit, no individual investment shall exceed a
maturity of five years from the date of purchase unless the City Council
has granted express authority to make that investment either specifically
or as a part of an investment program approved by the City Council no
less than three months prior to the investment.
The following types of investments are authorized by this Policy:
1. U.S. Treasury Instruments. United States Treasury notes, bonds,
bills, or certificates of indebtedness, or those for which the faith and
credit of the United States are pledged for the payment of principal
and interest. There is no limitation as to the percentage of the
City’s portfolio that may be invested in this category.
2. State of California’s Local Agency Investment Fund (LAIF). A
State of California-managed investment pool. The maximum
amount invested in this category may not exceed the limit set by
LAIF for operating accounts.
3. Local Government Investment Pools (“LGIP”). Shares of
beneficial interest issued by joint powers authority organized
pursuant to Section 6509.7 that invests in the securities and
obligations authorized in Government Code (e.g. Cal Trust). The
City will limit investments to LGIPs that seek to maintain a stable
net asset value. There is no limitation as to the percentage of the
City’s portfolio that may be invested in this category.
4. Municipal Debt. Registered state warrants or treasury notes or
bonds of this state, including bonds payable solely out of the
revenues from a revenue-producing property owned, controlled, or
operated by the state or by a department, board, agency, or
authority of the state.
Registered treasury notes or bonds of any of the other 49 states in
addition to California, including bonds payable solely out of the
revenues from a revenue-producing property owned, controlled, or
operated by a state or by a department, board, agency, or authority
of any of the other 49 states, in addition to California.
10.d
Packet Pg. 115 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
Exhibit A
Bonds, notes, warrants, or other evidences of indebtedness of a
local agency within this state, including bonds payable solely out of
the revenues from a revenue-producing property owned, controlled,
or operated by the local agency, or by a department, board,
agency, or authority of the local agency.
Purchases are limited to securities rated in a rating category of “A”
(long-term) or “A-1” (short-term) or their equivalents or better by an
NRSRO. A maximum of 30% the City’s portfolio may be invested in
this category.
5. Federal Agency Securities. Federal agency or United States
government-sponsored enterprise obligations, participations, or
other instruments, including those issued by or fully guaranteed as
to principal and interest by federal agencies or United States
government-sponsored enterprises. There is no limitation as to the
percentage of the City’s portfolio that may be invested in this
category.
6. Negotiable Certificates of Deposit. Negotiable certificates of
deposit issued by a nationally or state-chartered bank, a savings
association or a federal association, a state or federal credit union,
or by a federally licensed or state-licensed branch of a foreign
bank. Purchases are limited to securities rated in a rating category
of “A” (long-term) or “A-1” (short-term) or their equivalents or better
by an NRSRO. A maximum of 30% the City’s portfolio may be
invested in this category.
7. Commercial Paper. Commercial paper of “prime” quality of the
highest ranking or of the highest letter and number rating as
provided for by a nationally recognized statistical rating
organization (NRSRO). The entity that issues the commercial paper
shall meet all of the following conditions in either paragraph (1) or
(2):
(1) The entity meets the following criteria: (A) Is organized and
operating in the United States as a general corporation; (B)
Has total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial
paper, if any, that is rated in a rating category of “A” or its
equivalent or better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within
the United States as a special purpose corporation, trust, or
limited liability company, (B) Has program-wide credit
enhancements including, but not limited to,
10.d
Packet Pg. 116 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
Exhibit A
overcollateralization, letters of credit, or a surety bond, and
(C) Has commercial paper that is rated “A-1” or better, or the
equivalent, by an NRSRO.
Purchases are limited to securities that have a maximum maturity
of 270 days. A maximum of 25% the City’s portfolio may be
invested in this category.
8. Medium-Term Notes. Medium-term notes, defined as all
corporate and depository institution debt securities with a maximum
remaining maturity of five years or less, issued by corporations
organized and operating within the United States or by depository
institutions licensed by the United States or any state and operating
within the United States. Purchases are limited to securities rated in
a rating category of “A” or its equivalent or better by an NRSRO. A
maximum of 30% the City’s portfolio may be invested in this
category.
9. Money Market Funds (“MMF”). Purchases are restricted to
Government Money Market Funds. Furthermore, these Money
Market Funds must have met either of the following criteria: (A)
Attained the highest ranking or the highest letter and numerical
rating provided by not less than two NRSROs, or (B) Retained an
investment advisor with not less than five years’ experience and
registered or exempt from registration with the SEC, with assets
under management in excess of five hundred million dollars
($500,000,000). A maximum of 20% of the City’s portfolio may be
invested in this category.
10. Supranational Obligations. United States dollar denominated
senior unsecured unsubordinated obligations issued or
unconditionally guaranteed by the International Bank for
Reconstruction and Development, International Finance
Corporation, or Inter-American Development Bank, with a
maximum remaining maturity of five years or less, and eligible for
purchase and sale within the United States. Investments under this
subdivision shall be rated in a rating category of “AA” or its
equivalent or better by a Nationally Recognized Statistical Rating
Organization (“NRSRO”). A maximum of 10% the City’s portfolio
may be invested in this category. State law limits the percentage to
30% of the portfolio.
11. Asset-Backed Securities. A mortgage pass-through security,
collateralized mortgage obligation, mortgage-backed or other pay-
through bond, equipment lease-backed certificate, consumer
receivable pass-through certificate, or consumer receivable-backed
10.d
Packet Pg. 117 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
Exhibit A
bond of a maximum of five years’ maturity. Securities eligible for
investment under this subdivision shall be issued by an issuer rated
in a rating category of “A” or its equivalent or better for the issuer’s
debt as provided by an NRSRO and rated in a rating category of
“AA” or its equivalent or better by an NRSRO. A maximum of 20%
the City’s portfolio may be invested in this category. State law
limits the percentage to 20% of the portfolio.
(G) Performance Standards
The investment portfolio shall be managed with the objective of obtaining
a rate of return throughout budgetary and economic cycles,
commensurate with the investment risk constraints and the cash flow
needs. The City will employ an active management approach that allows
for the sale of securities prior to their scheduled maturity dates for
purposes of improving the portfolio’s credit quality, liquidity, or return in
response to changing market conditions or City circumstances. This
Policy recognizes that in a diversified portfolio occasional measured
losses are inevitable and must be considered within the context of the
overall portfolio's structure and expected investment return, with the
proviso that adequate diversification and credit analysis have been
implemented.
An appropriate performance benchmark shall be established against
which portfolio performance shall be compared on a regular basis. The
selected performance benchmark shall be representative of the City’s
overall investment objectives and liquidity requirements.
(H) Investment Reporting and Portfolio Review
A quarterly Investment Report shall be prepared and submitted to the City
Council, which shall include a complete description of the portfolio, type of
investments, issuers, and other relevant information.
The Director of Finance shall review the portfolio on a quarterly basis to
verify that the securities in the portfolio are in compliance with this Policy
and shall report any issues of material non-compliance in the next
quarterly Investment Report. Percentage holding limits and diversification
requirements listed in this Policy apply at the time a security is purchased.
If a percentage holding limit or diversification requirement is exceeded due
to a subsequent change in the portfolio, it is not a compliance violation,
but no additional securities may be purchased in that category or for that
10.d
Packet Pg. 118 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
Exhibit A
issuer until the holdings are back under the Policy limits. Credit ratings,
where shown, specify the minimum credit rating category required at
purchase. In the event a security held by the City is subject to a credit
rating change that brings it below the minimum credit ratings specified in
this Policy, the Director of Finance will notify the City Council of the
change in the next quarterly Investment Report. The course of action to be
followed will then be decided on a case-by-case basis, considering such
factors as the reason for the change, prognosis for recovery or further
rating downgrades, and the market price of the security. If a security is
determined to be out of compliance with this Policy due to a subsequent
change in this Policy or the Government Code, it may be held to maturity
unless there is a requirement that the security be sold.
(I) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance
with their respective bond indenture. If the indenture is silent as to the
permitted investments, the bond proceeds will be invested in the securities
permitted by this Policy. Notwithstanding the other provisions of this
Policy, the percentage limitations listed elsewhere in this Policy do not
apply to bond proceeds and bond proceeds may be invested beyond five
years if the maturities of such investments do not exceed the expected
use of the funds, the investments are deemed prudent in the opinion of the
Director of Finance, and the investments are not prohibited by the
applicable bond documents. Tax and Revenue Anticipation Notes or other
temporary financing proceeds shall not be invested for a term that
exceeds the term of the debt.
(J) Safekeeping
To protect against potential losses by collapse of individual securities
dealers, all deliverable securities owned by the City, including collateral on
repurchase agreements, shall be held in safekeeping by a third party bank
trust department acting as agent for the City under the terms of a custody
agreement executed by the bank and by the City. All deliverable securities
will be received and delivered using standard delivery-versus-payment
procedures.
(K) Qualified Financial Institutions and Broker/Dealers
Investments not purchased directly from the issuer, shall be purchased
either from an institution licensed by the state as a broker/dealer or from a
member of a federally regulated securities exchange, from a national or
state-chartered bank, from a savings association or federal association, or
from a brokerage firm designated as a primary government dealer by the
Federal Reserve Bank. If the City is utilizing a financial dealer or
institution to execute transactions, the Director of Finance shall maintain a
10.d
Packet Pg. 119 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
Exhibit A
list of the firms that have been approved for investment purposes. A copy
of this Policy shall be sent annually to all firms with which the City
executes investments.
Additionally, all financial institutions and broker/dealers who desire to
become qualified bidders of investment transactions must provide the
Director of Finance with the following:
• Audited Financial Statements
• Proof of State Registration
• Copy of most recently filed Financial Industry Regulated Authority
(FINRA) documentation
• Certification of having read the Investment Policy and depository
contracts of the City of San Bernardino
The Director of Finance may from time to time, review the existing list of
either qualified broker/dealers or qualified bidders for investment
transactions. At the discretion of the Director of Finance, and with the due
diligence noted above, add or delete either broker/dealers or qualified
bidders.
10.d
Packet Pg. 120 Attachment: FN.Investment Policy Approval -2018-19. Resolution. Exhibit A (5894 : Resolution to Approve City Investment Policy for FY
11.a
Packet Pg. 121 Attachment: Water.EVWD Purchase and Sale.Report (5895 : Property and Asset Exchange Between City Water Department and East Valley
Replacement Fund). A charge of $2.00 per month has been assessed to new EVWD
sewer services since the 1984 amendment was approved.
Discussion
The Water Department and outside counsel have been negotiating with EVWD to
produce an acceptable agreement that satisfies this term of the Settlement Agreement.
This exchange is detailed in the Purchase and Sale Agreement (Agreement) and is
summarized as follows:
• Property: City/Water Department agree to purchase 21.6 acres of unimproved
land (APNs 1192-231-01 and 1192-241-01) from EVWD.
• Purchase Price: The purchase price of the property is the balance of the East
Trunk Sewer Fund, which was collected and is held by the Water Department to
accommodate EVWD growth. The balance of this fund is $8,387,604.74.
• Easement: The City/Water Department will provide a 15-foot wide easement,
spanning nearly 275 feet north/south along the eastern lot line of APN 1192-241-
01.
At the November 27, 2018, meeting of the Board of Water Commissioners, the Water
Board Unanimously approved the Purchase and Sale Agreement.
Fiscal Impact
There is no fiscal impact. The Water Department is transferring a fund that had been
collected for a purpose that is no longer necessary with the implementation of EVWD’s
SNRC. The Water Department is gaining a property that can be utilized for Department
operations in the future or be sold to support the Department’s wastewater treatment
fund, which is affected by the loss in revenue presented from no longer treating EVWD
wastewater.
2018-2019 Goals and Objectives
The proposed Agreement aligns with Goal No. 7 Pursue City Goals and Objectives by
Working with Other Agencies. The November 2017 Settlement Agreement was a
collaborative effort between the City, EVWD and Valley District that is a benefit to the
region. This Purchase and Sale Agreement stems from that effort.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-2,
approving the Purchase and Sale Agreement between the City, City Water Department,
and East Valley Water District (EVWD).
Attachments
Attachment 1 Purchased Property Exhibit
Attachment 2 Resolution; Exhibit 1 – Purchase and Sale Agreement
Attachment 3 Water Board Staff Report
Ward: 1
Synopsis of Previous Council Actions:
• November 20, 2017 - Mayor and City Council approved Settlement Agreement
12/21/2018 11:43 AM
11.a
Packet Pg. 122 Attachment: Water.EVWD Purchase and Sale.Report (5895 : Property and Asset Exchange Between City Water Department and East Valley
City Council W ard 1
1192-231-01 1192-241-01
5TH ST
6T H S T
LESLIE STSTERLINGAVEELM ST3RD ST LANKERSHIM AVEPERIMETER RD
12''
20''
6''16''20''20''20''
µDocument Path: K:\Projects\Maps\Purchased_Property1.mxdP U R C H A S E P ROPERTY
11.b
Packet Pg. 123 Attachment: Water.EVWD.Attach 1 - Purchased Property_12112018 (5895 : Property and Asset Exchange
Resolution No. 2019-2
RESOLUTION NO. 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)
WHEREAS, in November 2017, the City of San Bernardino, the City of San Bernardino
Municipal Water Department, East Valley Water District, and the San Bernardino Valley
Municipal Water District entered into a global settlement agreement to resolve all disputes
related to East Valley Water District’s Sterling Natural Resources Center and the City’s Clean
Water Factory;
WHEREAS, pursuant to the settlement agreement, the City, City Water Department and
East Valley Water District agreed to negotiate and execute the transfer of certain property and
assets; and
WHEREAS, on November 27, 2018, the Water Board of the City of San Bernardino,
California, approved the Purchase and Sale Agreement with East Valley Water District and
forwarded said agreement to the Mayor and City Council for approval.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2, The Mayor and City Council hereby approve the Purchase and Sale
Agreement (Exhibit “1”) and authorize the City Manager to execute said agreement.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
11.c
Packet Pg. 124 Attachment: Water.EVWD Resolution.Attach2 (5895 : Property and Asset Exchange Between City Water Department and East Valley Water
Resolution No. 2019-2
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
11.c
Packet Pg. 125 Attachment: Water.EVWD Resolution.Attach2 (5895 : Property and Asset Exchange Between City Water Department and East Valley Water
Resolution No. 2019-2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
Georgeann Hanna, MMC, City Clerk
11.c
Packet Pg. 126 Attachment: Water.EVWD Resolution.Attach2 (5895 : Property and Asset Exchange Between City Water Department and East Valley Water
PURCHASE AND SALE AGREEMENT
AND IRREVOCABLE ESCROW INSTRUCTIONS
BY AND BETWEEN
CITY OF SAN BERNARDINO
as
“Buyer”
and
EAST VALLEY WATER DISTRICT
as
“Seller”
11.d
Packet Pg. 127 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
i
TABLE OF CONTENTS
Page
ARTICLE I. PURCHASE AND SALE ...........................................................................................1
Section 1.1 Agreement of Purchase and Sale .................................................................1
Section 1.2 Purchase Price ..............................................................................................1
Section 1.3 Payment of Purchase Price ...........................................................................1
Section 1.4 Deposit .........................................................................................................1
Section 1.5 Deposit as Liquidated Damages...................................................................2
Section 1.6 Escrow Holder .............................................................................................2
ARTICLE II. TITLE AND SURVEY .............................................................................................2
Section 2.1 Delivery of Title Documents .......................................................................2
Section 2.2 Title Examination.........................................................................................3
Section 2.3 Pre-Closing “Gap” Title Defects .................................................................4
Section 2.4 Permitted Exceptions ...................................................................................4
Section 2.5 Conveyance of Title .....................................................................................4
ARTICLE III. REVIEW OF PROPERTY.......................................................................................4
Section 3.1 Right of Inspection .......................................................................................4
Section 3.2 Right of Termination During Inspection Period ..........................................5
ARTICLE IV. CLOSING ................................................................................................................5
Section 4.1 Time and Place .............................................................................................5
Section 4.2 Seller’s Obligations At or Prior to Closing ..................................................5
Section 4.3 Buyer’s Obligations at or Prior to Closing ..................................................6
Section 4.4 Prorations. ....................................................................................................6
Section 4.5 Transaction Taxes and Closing Costs. .........................................................6
Section 4.6 Conditions Precedent to Obligation of Buyer ..............................................7
Section 4.7 Conditions Precedent to Obligation of Seller ..............................................8
ARTICLE V. REPRESENTATIONS AND WARRANTIES .........................................................8
Section 5.1 Representations and Warranties of Seller ....................................................8
Section 5.2 Representations and Warranties of Buyer ..................................................10
Section 5.3 Deemed Re-Made At Closing ....................................................................11
Section 5.4 Survival of Representations and Warranties ..............................................11
ARTICLE VI. COVENANTS .......................................................................................................11
Section 6.1 Seller Covenants ........................................................................................11
Section 6.2 No Encumbrance ........................................................................................11
ARTICLE VII. DEFAULT ............................................................................................................12
Section 7.1 Default by Buyer ........................................................................................12
Section 7.2 Default by Seller ........................................................................................12
ARTICLE VIII. CONDEMNATION ............................................................................................12
Section 8.1 Definition of Terms....................................................................................12
Section 8.2 Distribution of Award ................................................................................12
11.d
Packet Pg. 128 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
ii
ARTICLE IX. MISCELLANEOUS ..............................................................................................13
Section 9.1 Assignment ................................................................................................13
Section 9.2 Notices .......................................................................................................13
Section 9.3 Modifications .............................................................................................14
Section 9.4 Entire Agreement .......................................................................................14
Section 9.5 Further Assurances.....................................................................................14
Section 9.6 Counterparts ...............................................................................................15
Section 9.7 Facsimile Signatures ..................................................................................15
Section 9.8 Severability ................................................................................................15
Section 9.9 Applicable Law ..........................................................................................15
Section 9.10 No Third Party Beneficiary ........................................................................15
Section 9.11 Captions .....................................................................................................15
Section 9.12 Construction ...............................................................................................15
Section 9.13 Recordation ................................................................................................15
Section 9.14 Exhibits ......................................................................................................15
Section 9.15 Date of Performance ..................................................................................15
Section 9.16 Attorneys’ Fees ..........................................................................................15
Section 9.17 Survival ......................................................................................................15
EXHIBITS
A - DESCRIPTION OF LAND
B - EASEMENT
C - FORM OF DEED
D-1 - FORM OF FIRPTA CERTIFICATE
D-2 FORM OF CALFIRPTA CERTIFICATE
11.d
Packet Pg. 129 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
1
PURCHASE AND SALE AGREEMENT
AND IRREVOCABLE ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND IRREVOCABLE
ESCROW INSTRUCTIONS (this “Agreement”) is made as of _____________, 2018 (the
“Effective Date”), by and between CITY OF SAN BERNARDINO (“Buyer”), and EAST
VALLEY WATER DISTRICT (“Seller”).
ARTICLE I.
PURCHASE AND SALE
Section 1.1 Agreement of Purchase and Sale. Subject to the terms and
conditions hereinafter set forth, Seller agrees to sell and convey to Buyer, and Buyer agrees to
purchase from Seller, the following:
(a) that certain parcel of land situated in San Bernardino, County, California,
consisting of approximately 21.6 acres of unimproved land (APNs 1192-231-01 and 1192-241-
01) as more particularly described in Exhibit “A” attached hereto and made a part hereof,
together with all rights and appurtenances pertaining to such property, including any right, title
and interest of Seller in and to adjacent streets, alleys or rights-of-way (the “Property”).
(b) any buildings, structures, fixtures and other improvements, remaining
affixed to or located on the Property at Close of Escrow (the property described in clause (b) of
this Section 1.1 being herein referred to collectively as the “Improvements”) except the easement
described in Exhibit “B” attached hereto and made a part hereof, which is reserved to Seller.
Section 1.2 Purchase Price.
(a) Seller is to sell and Buyer is to purchase the Property for the amount of the
balance of funds at close of escrow held by Buyer in a restricted account identified as the East
Trunk Sewer Fund.
Section 1.3 Payment of Purchase Price.
(a) The Purchase Price shall be payable in full through Escrow at Closing in
cash by wire transfer of immediately available funds to Escrow Holder prior to the Closing.
Section 1.4 Deposit. Within two (2) business days of the execution and
delivery of this Agreement, Buyer shall deposit into an escrow (“Escrow”) with First American
Title Company (the “Escrow Holder”), having its office at 1855 W. Redlands Blvd. Suite 100
Redlands, California 92373, Attention: Cheryl Zanini (Escrow No. ________________), a fully
executed original of this Agreement and together with the sum of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) (the “Deposit”). At the Closing, the Deposit shall be applied against
the Purchase Price.
Section 1.5 Deposit as Liquidated Damages. THE DEPOSIT AND
ADDITIONAL DEPOSITS THEN RELEASED TO SELLER SHALL BE RETAINED BY
SELLER AS LIQUIDATED DAMAGES IN THE EVENT THE SALE OF THE PROPERTY
11.d
Packet Pg. 130 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
2
AS CONTEMPLATED HEREUNDER IS NOT CONSUMMATED AS A RESULT OF
BUYER’S DEFAULT OR IN THE EVENT BUYER FAILS TO PAY ANY ADDITIONAL
DEPOSIT THEN DUE. THE PARTIES ACKNOWLEDGE THAT SELLER’S ACTUAL
DAMAGES IN THE EVENT THAT THE SALE IS NOT SO CONSUMMATED OR BUYER
FAILS TO MAKE AN ADDITIONAL DEPOSIT WOULD BE EXTREMELY DIFFICULT OR
IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING
THIS SECTION 1.5 BELOW, THE PARTIES ACKNOWLEDGE THAT THE DEPOSIT AND
ADDITIONAL DEPOSITS HAVE BEEN AGREED UPON, AFTER NEGOTIATION, AS
THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES, AND AS
SELLER’S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT THE CLOSING
DOES NOT OCCUR DUE TO BUYER’S DEFAULT AND AS SELLER’S SOLE AND
EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCH DEFAULT. BY THEIR
SEPARATELY EXECUTING THIS SECTION 1.5 BELOW, BUYER AND SELLER
ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD THE ABOVE
PROVISION COVERING LIQUIDATED DAMAGES, AND THAT EACH PARTY WAS
REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS
LIQUIDATED DAMAGES PROVISION AT THE TIME THIS AGREEMENT WAS
EXECUTED.
SELLER:
EAST VALLEY WATER DISTRICT
By: ______________________________
By: ______________________________
BUYER:
CITY OF SAN BERNARDINO
By: ______________________________
By: ______________________________
Section 1.6 Escrow Holder. Escrow Holder shall hold and dispose of the
Deposit and in accordance with the terms of this Agreement.
ARTICLE II.
TITLE AND SURVEY
Section 2.1 Delivery of Title Documents. Seller has caused to be delivered to
Buyer (a) a current preliminary title report, obtained by Seller at Seller’s expense and (b) copies
of all documents referred to in the preliminary title report. The documents referred to in (a) - (b)
of this Section 2.1 are collectively referred to as the “Title Documents”).
11.d
Packet Pg. 131 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
3
Section 2.2 Title Examination.
(a) During the period beginning as of the Effective Date and ending
_______________ ___, 2018, (hereinafter referred to as the “Title Inspection Period”), Buyer
shall have the right to review the Title Documents and otherwise examine the status of title to the
Property.
(b) Seller shall cause to be delivered to Buyer at the Close of Escrow a policy
of title insurance described in this paragraph issued by First American Title Company (the “Title
Policy”). The Title Policy shall be a standard coverage CLTA Owner’s Policy of Title Insurance
(Form B, 1970 version, or other form approved by Buyer) in an amount equal to the Purchase
Price, showing title to the Property vested in Buyer, subject only to (i) the pre-printed exceptions
and exclusions, (ii) the Permitted Exceptions (as defined below), (iii) those exceptions to title
commonly known as the Title Company’s “Western Regional Exceptions” and a “survey”
exception, and (iv) such other matters as to which Buyer may consent in writing. The Title
Policy shall be issued without reliance on any indemnity of Seller or any third party to induce
Title Company to issue the Title Policy without the prior written consent of Buyer. In addition,
the Title Policy shall include full coverage against mechanics’ or materialmen’s or design
professionals’ liens and shall include such special endorsements reasonably required by Buyer.
At Buyer’s option and incremental additional expense, Buyer shall be entitled to obtain an
extended coverage version of the Title Policy excluding item (iii) above by having the Property
surveyed and providing such survey to the title company, but Buyer’s performance under this
Agreement shall not be excused if Buyer is unable to obtain such extended title coverage.
(c) Buyer shall notify Seller in writing (the “Title Notice”) at least twenty (20)
days prior to the expiration of the Title Inspection Period which exceptions to title (including
survey matters), if any, will not be accepted by Buyer. If Buyer fails to notify Seller in writing
of any exceptions to title by the expiration of the Title Inspection Period, then Buyer shall be
deemed to have approved the condition of title to the Property. If Buyer notifies Seller in writing
that Buyer objects to any exceptions to title, then Seller shall have ten (10) days after receipt of
the Title Notice to notify Buyer in writing (i) that Seller will remove the objectionable
exceptions from title on or before the Closing; or (ii) that Seller elects not to cause such
exceptions to be removed. If Seller fails to notify Buyer in writing of its election within said ten
(10) day period, the Seller shall be deemed to have elected not to cause such exception to be
removed. The procurement by Seller of a commitment for the issuance of the Title Policy (as
defined in Section 2.2 hereof) or an endorsement thereto satisfactory to Buyer in its sole
discretion and insuring Buyer against any title exception, which was disapproved pursuant to this
Section 2.2, shall be deemed a cure by Seller of such disapproval. If Seller gives Buyer notice
under clause (ii) above, then Buyer shall have ten (10) days within which to notify Seller in
writing that Buyer will nevertheless proceed with the purchase and take title to the Property
subject to such exceptions, or that Buyer will terminate this Agreement. If this Agreement is
terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have
any further rights or obligations hereunder (except for any indemnity obligations of either party
pursuant to the other provisions of this Agreement) and each party shall bear its own costs
incurred hereunder. If Buyer fails to notify Seller in writing of its election within said ten (10)
day period, then Buyer shall be deemed to have elected to terminate this Agreement.
Notwithstanding the foregoing, Buyer need not disapprove any monetary lien representing
monies owed (such as deeds of trust, mechanics liens and judgment liens), as Seller hereby
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agrees to cause all such monetary liens (other than non-delinquent ad valorem real estate taxes,
special taxes and assessments) to be removed prior to Closing. If Seller fails to remove any such
monetary lien prior to Closing, then Buyer shall apply such portion of the Purchase Price as is
necessary to cause the removal of such items prior to Closing, the proceeds of Escrow to be
otherwise distributed to Seller upon Closing shall be reduced by the amount so applied and Seller
shall not be in default hereunder.
Section 2.3 Pre-Closing “Gap” Title Defects. At or prior to Closing, Buyer
may notify Seller in writing (the “Gap Notice”) of any objections to title (a) raised in writing by
the Title Company between the expiration of the Title Inspection Period and the Closing and
(b) not disclosed by the Title Company or otherwise known to Buyer prior to the expiration of the
Title Inspection Period. Buyer must give Seller the Gap Notice within ten (10) days of Seller’s
written notice to Buyer of the existence of any such new title exceptions including a specific
reference to this Section 2.3. If Buyer sends a Gap Notice to Seller, then Buyer and Seller shall
have the same rights and obligations with respect to such notice as apply to a Title Notice under
Section 2.2(c) hereof.
Section 2.4 Permitted Exceptions. The Property shall be conveyed subject to
the following matters, which are hereinafter referred to as the “Permitted Exceptions”:
(a) those matters shown on the preliminary title report that either are not
objected to in writing within the time periods provided in Sections 2.2(c) or 2.3 hereof, or if
objected to in writing by Buyer, are those which Seller has elected not to remove or cure, or has
been unable to remove or cure, and subject to which Buyer has elected or is deemed to have
elected to accept the conveyance of the Property;
(b) the lien of all ad valorem real estate taxes, special taxes and assessments
not yet due and payable as of the date of Closing, subject to adjustment as herein provided, but
specifically excluding any escape assessments or supplemental assessments relating to the period
prior to the Closing; and
(c) local, state and federal laws, ordinances or governmental regulations,
including but not limited to building and zoning laws, ordinances and regulations, now or
hereafter in effect relating to the Property.
Section 2.5 Conveyance of Title. At Closing Seller shall convey the Property
to Buyer by execution and delivery of the Deed (as defined in Section 4.2(a) hereof).
ARTICLE III.
REVIEW OF PROPERTY
Section 3.1 Right of Inspection. During the period beginning as of the date
hereof and ending at 5:00 p.m. (PST) on _______________, 2018 (the “Inspection Period”),
Buyer shall have the right to:
(a) Perform, or hire consultants to perform, a physical inspection of the
Property.
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(b) Inspect, or hire consultants to inspect, the environmental condition of the
Property pursuant to the terms and conditions of this Agreement, and to obtain and review, at
Buyer’s sole election and cost, soils, geology, structural and environmental and any other
engineering reports.
(c) Any on-site inspections of the Property shall occur (with twenty-four
hours advance notice to Seller) during normal business hours. Buyer agrees to protect,
indemnify, defend and hold Seller harmless from and against any claim for liabilities, losses,
costs, expenses (including reasonable attorneys’ fees), damages or injuries arising out of or
resulting from the inspection of the Property by Buyer or its agents or consultants, and
notwithstanding anything to the contrary in this Agreement, such obligation to indemnify and
hold harmless Seller shall survive the Closing or any termination of this Agreement. However,
in no event shall the above indemnity apply to the discovery of Property information from
Buyer’s investigations, regardless of the impact of that information on the value of the Property.
Buyer shall keep the Property free and clear of any mechanic’s liens or materialmen’s liens
arising out of Buyer’s entry onto the Property. Following any entry upon the Property, Buyer
shall restore the Property to the condition which existed prior to such entry. Buyer’s entry upon
the property is conditioned upon the issuance of a certificate of insurance showing Seller listed
as an additional insured with a general liability insurance policy with liability coverage of not
less than Two-Million Dollars ($2,000,000.00) per occurrence.
Section 3.2 Right of Termination During Inspection Period. If for any reason
whatsoever Buyer determines that the Property is unsuitable for Buyer’s acquisition, Buyer shall
have the right, prior to the expiration of the Inspection Period, to give Seller written notice of such
determination. If Buyer gives such notice, this Agreement shall terminate and neither party shall
have any further obligations hereunder (except for any indemnity obligations of either party
pursuant to the other provisions of this Agreement), each party shall bear its own costs incurred
hereunder, and Buyer shall provide Seller with copies of all studies, reports and analyses
produced by Buyer and its representatives, agents and employees during the Inspection Period,
with the exception of financial reports, marketing studies, legal matters and any other materials
that Buyer reasonably determines are proprietary, privileged or confidential. Buyer’s failure to
give Seller a notice of termination prior to the expiration of the Inspection Period shall be deemed
as Buyer’s waiver of termination. In the event of a termination by Buyer under this paragraph,
the Deposit shall immediately be refunded to Buyer.
ARTICLE IV.
CLOSING
Section 4.1 Time and Place. The closing of the transaction contemplated
hereby (the “Closing”) shall be held at the offices of Escrow Holder at the address set forth under
Section 9.3 (“Notices”) thirty (30) working days following the “Inspection Period” (as defined
above). The date upon which the Closing occurs is referred to herein as the “Closing Date.”
Section 4.2 Seller’s Obligations Prior to, At, or After Closing. Seller shall:
(a) no less than one (1) business day prior to Closing, deliver to Escrow
Holder:
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(i) a duly executed and notarized grant deed (the “Deed”) in the form
attached hereto as Exhibit “C”, conveying the Property, subject only to the Permitted Exceptions;
(ii) such evidence as the Title Company may reasonably require as to
the authority of the person or persons executing documents on behalf of Seller;
(iii) FIRPTA and CALFIRPTA certificates in the form attached hereto
as Exhibits “D-1” and “D-2” duly executed by Seller;
(iv) such affidavits as may be customarily and reasonably required by
the Title Company;
(v) an executed closing statement reasonably acceptable to Seller; and
(vi) such additional documents as shall be reasonably required to
consummate the transaction contemplated by this Agreement.
(b) at Closing deliver to Buyer possession and occupancy of, the Property,
free and clear of all rights of third parties to possession or use of the Property except for the
rights held by third parties under the Permitted Exceptions.
Section 4.3 Buyer’s Obligations at or Prior to Closing. Not less than one (1)
business day prior to Closing, Buyer shall deliver to Escrow Holder:
(a) the full amount of the Purchase Price less the Deposit, as provided in
Section 1.2 hereof;
(b) such evidence as the Title Company may reasonably require as to the
authority of the person or persons executing documents on behalf of Buyer;
(c) such affidavits, as may be customarily and reasonably required by the
Title Company;
(d) an executed closing statement reasonably acceptable to Buyer; and
(e) such additional documents as shall be reasonably required to consummate
the transaction contemplated by this Agreement.
Section 4.4 Prorations. All taxes and assessments levied against the Property,
if any, shall be prorated and apportioned as of 12:01 a.m., on the day of Closing as if Buyer were
vested with title to the Property during the entire day upon which Closing occurs.
Section 4.5 Transaction Taxes and Closing Costs.
(a) Seller and Buyer shall execute such returns, questionnaires and other
documents as shall be required with regard to all applicable Property transaction taxes imposed
by applicable federal, state or local law or ordinance;
(b) Seller shall pay the fees of any counsel representing Seller in connection
with this transaction. Seller shall also pay the following costs and expenses:
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(i) one-half of the Escrow fee, if any, which may be charged by the
Escrow Holder or Title Company;
(ii) a title insurance premium amount equal to a standard CLTA Title
Policy;
(iii) the fees for recording the Deed;
(iv) any documentary transfer tax or similar tax which becomes
payable by reason of the transfer of the Property; and
(c) Buyer shall pay the fees of any counsel representing Buyer in connection
with this transaction. Buyer shall also pay the following costs and expenses:
(i) one-half of the fee, if any, which may be charged by the Escrow
Holder or Title Company; and
(ii) if Buyer has requested an extended ALTA coverage title policy,
the cost of such extended coverage policy, and endorsements thereto, to the extent that those
costs exceed the cost of the Standard CLTA Title Policy.
(d) All costs and expenses incident to this transaction and the Closing hereof,
and not specifically described above, shall be paid by the party incurring same; and
(e) The provisions of this Section 4.5 shall survive the Closing.
Section 4.6 Conditions Precedent to Obligation of Buyer. The obligation of
Buyer to consummate the transaction hereunder shall be subject to the fulfillment on or before the
date of Closing of all of the following conditions, any or all of which may be waived by Buyer in
its sole discretion:
(a) Seller shall have delivered to Buyer all of the items required to be
delivered to Buyer pursuant to the terms of this Agreement, including but not limited to, those
provided for in Section 4.2 hereof;
(b) All of the representations and warranties of Seller contained in this
Agreement shall be true and correct in all material respects as of the date of Closing;
(c) As of the date of Closing, Seller shall have performed and observed in all
material respects, all covenants and agreements of this Agreement to be performed and observed
by Seller;
(d) No material physical change shall have occurred to the Property from the
Effective Date up to the date of Closing, with the exception of any changes to the Property
caused by Buyer; and
(e) The Title Company shall be irrevocably committed to issue the Title
Policy.
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Section 4.7 Conditions Precedent to Obligation of Seller. The obligation of
Seller to consummate the transaction hereunder shall be subject to the fulfillment on or before the
date of Closing of all of the following conditions, any or all of which may be waived by Seller in
its sole discretion:
(a) Seller shall have received the Purchase Price as provided herein, and
payable in the manner provided for in this Agreement;
(b) Buyer shall have delivered to Seller all of the items required to be
delivered to Seller pursuant to the terms of this Agreement, including but not limited to, those
provided for in Section 4.3 hereof;
(c) All of the representations and warranties of Buyer contained in this
Agreement shall be true and correct in all material respects as of the date of Closing; and
(d) Buyer shall have performed and observed, in all material respects, all
covenants and agreements of this Agreement to be performed and observed by Buyer as of the
date of Closing.
ARTICLE V.
REPRESENTATIONS AND WARRANTIES
Section 5.1 Representations and Warranties of Seller. Seller hereby makes
the following representations and warranties to Buyer as of the Effective Date:
(a) Organization and Authority. Seller is a County Water District duly
organized and validly existing under the laws of the State of California. Seller has the full right
and authority to enter into this Agreement and to transfer all of the Property and to consummate
or cause to be consummated the transaction contemplated by this Agreement. The person
signing this Agreement on behalf of Seller is authorized to do so.
(b) Pending or Threatened Actions. There is no action, suit, arbitration,
unsatisfied order or judgment, government investigation or proceeding pending, or to Seller’s
knowledge, threatened against Seller or the Property.
(c) Condemnation. Seller has received no notice of any pending or threatened
condemnation proceedings relating to the Property.
(d) Violations. Seller has not received notice of any uncured violation of any
federal, state or local law relating to the use or operation of the Property.
(e) Authorization. This Agreement has been, and on the Closing Date, all
documents to be executed by Seller hereunder will have been, duly authorized, executed and
delivered by Seller, and constitute and will constitute the valid and binding obligations of Seller
enforceable against it in accordance with their respective terms.
(f) Zoning. The Property is in compliance with all applicable zoning
ordinances and the Permitted Exceptions.
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(g) No Violations. The execution and delivery of this Agreement, and all
other documents to be executed by Seller hereunder, compliance with the provisions hereof and
thereof and the consummation of the transactions contemplated hereunder and thereunder will
not result in (a) a breach or violation of (i) any governmental requirement applicable to Seller or
the Property now in effect; (ii) the organizational documents of Seller; (iii) any judgment, order
or decree of any governmental authority binding upon Seller; or (iv) any agreement or instrument
to which Seller is a party or by which it is bound; (b) the acceleration of any obligation of Seller;
or (c) the creation of any lien, encumbrance or other matter affecting title (other than the
Permitted Exceptions) to the Property.
(h) Environmental Matters. To Seller’s knowledge:
(A) no underground tanks are located on the Property;
(B) no above ground tanks are located on the Property
(C) no enforcement, cleanup, removal or other governmental or
regulatory actions have, at any time, been instituted or threatened with respect to the Property;
(D) there is no current or prior violation or state of noncompliance with
any environmental law relating to hazardous substances with respect to the Property;
(E) no claims have been made or threatened by any third party with
respect to the Property relating to damage, contribution, cost recovery, compensation, loss or
injury resulting from or related to any hazardous substance;
(F) there are no current or prior businesses engaged in the storage,
treatment or disposal of hazardous substances on any property adjacent to the Property; and
(G) Seller has not conducted, will not conduct, and shall not have any
obligation to conduct any investigation to discover or ascertain what toxic and/or hazardous
substances, if any, may have been used, disposed of, manufactured, released and/or stored upon
the Property prior to the date of Seller's signing of this Agreement. Buyer has the right to
conduct, at Buyer’s expense, testing of the Property so as to determine the presence of any toxic
and/or hazardous substance thereon. Seller hereby agrees to hold Buyer harmless and free of
liability for any hazardous materials Buyer may discover upon the Property in the event Buyer
fails to successfully close the Escrow.
(i) Legal Parcel. The Property is a legal lot or parcel which for all purposes
may be mortgaged, conveyed and otherwise dealt with as separate parcel and is taxed as a
separate legal parcel.
(j) Tax Withholding. Buyer is not required to withhold taxes from the
payment of sale proceeds to Seller under the Internal Revenue code or any applicable state,
commonwealth or local tax laws.
(k) Easements and Other Agreements. Seller is not in default in complying
with the terms and provisions of any of the covenants, conditions, restrictions, right-of-way or
easements constituting one or more of the Permitted Exceptions. Seller is reserving an easement
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for a water well and ingress and egress thereto for the purpose of operations, managing, repair
and maintenance of said well.
(l) No Operating Agreements. There are no contracts, leases, licenses,
instruments or other rights affecting the Property, including without limitation its upkeep, repair,
maintenance or operation, which will survive or otherwise be enforceable against Buyer
following the Closing Date.
(m) Material Facts. Neither this Agreement nor any certificate, statement or
other document furnished or to be furnished to Buyer by or on behalf of Seller in connection
with the transactions contemplated hereunder and the Exhibits hereto contains or will contain
any untrue statement of a material fact or omits or will omit to state a material fact necessary in
order to make the statements contained herein or therein not misleading.
(n) Indemnity. Seller hereby indemnifies and holds Buyer harmless from any
and all losses, damages, costs, liabilities and expenses, including, without limitation, reasonable
attorneys’ fees (and those fees incurred upon any appeals) incurred or suffered by Buyer as a
result of the breach by Seller of any of the representations and warranties contained in this
Agreement, the failure by Seller to comply with any of the covenants contained in this
Agreement or any other default by Seller under the terms of this Agreement;
(o) Except as otherwise provided in this Agreement, SELLER MAKES NO
WARRANTY OF ANY NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED IN
FACT, OR IMPLIED IN LAW, RELATING TO ANY MATERIAL CHARACTERISTIC,
ELEMENT OR CONDITION OF THE PROPERTY, NOR ANY WARRANTY OF FITNESS,
FOR ANY EXISTING OR INTENDED PURPOSE, USE OR ACTIVITY; BUYER AGREES,
SUBJECT TO THE EXPRESS COVENANTS, REPRESENTATIONS AND WARRANTIES
SET FORTH IN THE AGREEMENT, TO PURCHASE THE PROPERTY “AS IS” AND
“WITH ALL FAULTS.”
Section 5.2 Representations and Warranties of Buyer. Buyer hereby makes the
following representations and warranties to Seller as of the Effective Date:
(a) Organization and Authority. Buyer is a public agency duly organized and
validly existing under the laws of the State of California. Buyer has the full right and authority
to enter into this Agreement and to consummate or cause to be consummated the transaction
contemplated by this Agreement. The person signing this Agreement on behalf of Buyer is
authorized to do so.
(b) Pending Actions. There is no action, suit, arbitration, unsatisfied order or
judgment, government investigation or proceeding pending or to Buyer’s knowledge, threatened
against Buyer which, if adversely determined, could individually or in the aggregate materially
interfere with the consummation of the transaction contemplated by this Agreement.
(c) Remediation. If as a result of any environmental testing, remedial
measures are required to cure any environmental degradation of the Property, such remediation
shall be at Buyer’s expense only upon the successful Closing.
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(d) Indemnity. Buyer hereby indemnifies and holds Seller harmless from any
and all losses, damages, costs, liabilities and expenses, including, without limitation, reasonable
attorneys’ fees (and those fees incurred upon any appeals) incurred or suffered by Seller as a
result of the breach by Buyer of any of the representations and warranties contained in this
Agreement, the failure by Buyer to comply with any of the covenants contained in this
Agreement or any other default by Buyer under the terms of this Agreement. Section 1.5 sets
forth the damages which Seller is entitled to receive as a result of Buyer’s failure to close Escrow
and this Section 5.2(d) applies only to other breaches by Buyer. Section 1.5 only limits Seller’s
rights hereunder for Buyer’s failure to close Escrow.
(e) Buyer hereby accepts responsibility to determine whether any portion of
the Property is within a special study zone as designated under the Alquist-Priolo Geologic
Hazard Act.
(f) Buyer hereby accepts responsibility to determine whether any portion of
the Property lies within the boundaries of a one hundred (100) year flood plain as determined by
the Federal Emergency Management Agency (FEMA).
Section 5.3 Deemed Re-Made At Closing. By closing the purchase and sale of
the Property, each of Buyer and Seller shall be deemed to have re-made, as of the Closing Date,
the respective representations and warranties made by them above to the other party, except for
matters, if any, set forth on a schedule of exceptions to representations and warranties delivered to
Escrow Holder and the other party at least one (1) business day prior to the Closing Date.
Section 5.4 Survival of Representations and Warranties. The representations
and warranties of Seller and Buyer set forth in Section 5.1 and Section 5.2, respectively, and
deemed re-made as of the Closing Date, shall survive Closing for a period of one (1) year.
ARTICLE VI.
COVENANTS
Section 6.1 Seller Covenant.
Seller hereby covenants with Buyer as follows:
(a) Operation of Property. From the Effective Date until the Closing or
earlier termination of this Agreement, Seller shall operate and maintain the Property in a manner
generally consistent with the manner in which Seller has operated and maintained the Property
prior to the date hereof. Without Buyer’s prior written consent, which shall not be unreasonably
withheld, Seller shall not agree to transfer or transfer any interest in the Property or encumber the
Property or permit the Property to be encumbered.
(b) Leasing. Without Buyer’s prior written consent, which shall not be
unreasonably withheld, Seller shall not enter into any leases of all or any portion of the Property
between the Effective Date and the Closing.
Section 6.2 No Encumbrance. Buyer covenants that it will not cause any
encumbrance upon the Property, including, but not limited to, final tract map, assessment district,
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bonding encumbrance, or any other encumbrance, prior to the Close of Escrow without the
express written consent of the Seller.
ARTICLE VII.
DEFAULT
Section 7.1 Default by Buyer. If the sale of the Property as contemplated
hereunder is not consummated due to Buyer’s default hereunder, Seller shall be entitled, as its
sole and exclusive remedy, to terminate this Agreement and receive liquidated damages pursuant
to Section 1.5 hereof.
Section 7.2 Default by Seller. If the sale of the Property as contemplated
hereunder is not consummated due to Seller’s default hereunder, Buyer shall be entitled to all of
its remedies at law or in equity including without limitation the right to specifically enforce this
Agreement, which Seller acknowledges would be an appropriate remedy in the event of Seller’s
default hereunder.
ARTICLE VIII.
CONDEMNATION
Section 8.1 Definition of Terms. The following terms used in this Section
shall mean as such terms are defined below:
(a) Condemnation or Condemned. “Condemnation” or “Condemned” shall
mean the exercise of, or intent to exercise, the power of eminent domain expressed in writing, or
the filing of any action or proceeding for such purpose by any person, entity, body, agency or
authority having the right or power of eminent domain (the “Condemning Authority” herein),
and shall include a voluntary sale by Seller to any such Condemning Authority, either under the
threat of condemnation or while condemnation proceedings are pending, and the Condemnation
shall be deemed to occur upon the actual physical taking of possession pursuant to the exercise
of said power of eminent domain.
(b) Minor Taking. “Minor Taking” shall mean that only a portion of the
Property is Condemned and that such taking does not materially adversely affect Buyer’s plan as
determined by Buyer in its reasonable discretion. In the event of a Minor Taking, this
Agreement shall continue in full force and effect as to the remainder of the Property, the
Condemnation proceeds shall be paid to Seller and the Purchase Price shall be reduced by an
amount equal to the Condemnation proceeds paid to Seller.
Section 8.2 Distribution of Award. If the Property or any portion thereof is
condemned (other than through a Minor Taking) prior to the conveyance thereof to Buyer, Buyer
shall have the right to terminate this Agreement by giving written notice to Seller within a period
of fifteen (15) business days following receipt of written notice from Seller of such
Condemnation and referencing the procedure in this Section 8.2. If Buyer so elects to terminate,
Buyer shall receive a refund of the Deposit. Failure of Buyer to give such notice shall be deemed
to be an election not to terminate this Agreement. If Buyer elects not to terminate this
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Agreement, the award from the Condemning Authority up to the amount of the Purchase Price
(adjusted for prorations and closing costs as set forth herein) shall be paid to Seller, the Purchase
Price shall be reduced by the amount so paid to Seller and Buyer shall acquire the remaining
portions of the Property at the Closing as set forth herein. If all of the Property is taken through
Condemnation, the award from the Condemning Authority up to the amount of the Purchase Price
shall be paid to Seller, and the balance shall be payable to Buyer.
ARTICLE IX
MISCELLANEOUS
Section 9.1 Assignment. Subject to the provisions of this Section 9.1, the terms
and provisions of this Agreement are to apply to and bind the permitted successors and assigns of
the parties hereto. Buyer may assign its rights under this Agreement if Buyer and the proposed
assignee execute and deliver to Seller an assignment and assumption of this Agreement in form
and substance reasonably satisfactory to Seller. In no event shall any assignment of this
Agreement release or discharge Buyer from any liability or obligation hereunder.
Section 9.2 Notices. Any notice pursuant to this Agreement shall be given in
writing by (a) personal delivery, (b) reputable overnight delivery service with proof of delivery,
(c) United States Mail, postage prepaid, registered or certified mail, return receipt requested, or
(d) legible facsimile transmission, sent to the intended addressee at the address set forth below, or
to such other address or to the attention of such other person as the addressee shall have
designated by written notice sent in accordance herewith. Any notice so given shall be deemed to
have been given upon receipt or refusal to accept delivery, or, in the case of facsimile
transmission, as of the date of the facsimile transmission provided that an original of such
facsimile is also sent to the intended addressee by means described in clauses (a), (b) or (c) above.
Unless changed in accordance with the preceding sentence, the addresses for notices given
pursuant to this Agreement shall be as follows:
If to Buyer: City of San Bernardino
Andrea M. Miller, City Manager
290 N. D Street, San Bernardino, CA 92401
Telephone No. (909) 384-5122
Email: Miller_An@sbcity.org
City of San Bernardino
Municipal Water Department
Miguel Guerrero, General Manager
397 Chandler Place, San Bernardino, CA 92408
Telephone No. (909) 384-5191
Email: Miguel.Guerrero@sbmwd.org
with copies to: City of San Bernardino
Gary D. Saenz, City Attorney
290 N. D Street, San Bernardino, CA 92401
Telephone No. (909) 384-5355
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Email: Saenz_Ga@sbcity.org
Andrew M. Hitchings
Somach Simmons & Dunn
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone No. (916) 446-7979
Email: ahitchings@somachlaw.com
If to Seller: East Valley Water District
John Mura, General Manager
3111 Greenspot Road
Highland, CA 92346
Telephone No. (909) 885-4900
Facsimile No. (909) 889-5732
with copies to: JC Law Firm
5871 Pine Avenue, Suite 200
Chino Hills, CA 91709
Attention: Jean Cihigoyenetche, Esq.
Telephone No. (909) 941-3382
Facsimile No. (909) 941-3384
If to Escrow Holder: First American Title Company
1885 W. Redlands Blvd. Suite 100
Redlands, California 92373
Attention: Cheryl Zanini
Telephone No. (909) 889-0311
Section 9.3 Modifications. This Agreement cannot be changed orally, and no
executory agreement shall be effective to waive, change, modify or discharge it in whole or in
part unless such executory agreement is in writing and is signed by the parties against whom
enforcement of any waiver, change, modification or discharge is sought.
Section 9.4 Entire Agreement. This Agreement, including the exhibits and
schedules hereto, contains the entire agreement between the parties hereto pertaining to the
subject matter hereof and fully supersedes all prior written or oral agreements and understandings
between the parties pertaining to such subject matter, other than any confidentiality agreement
executed in connection with the Property.
Section 9.5 Further Assurances. Each party agrees that it will execute and
deliver such other documents and take such other action, whether prior or subsequent to Closing,
as may be reasonably requested by the other party to consummate the transaction contemplated by
this Agreement.
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15
Section 9.6 Counterparts. This Agreement may be executed in counterparts,
all such executed counterparts shall constitute the same agreement, and the signature of any party
to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Section 9.7 Facsimile Signatures. In order to expedite the transaction
contemplated herein, telecopied signatures may be used in place of original signatures on this
Agreement or any document delivered pursuant hereto. Seller and Buyer intend to be bound by
the signatures on the telecopied document, are aware that the other party will rely on the
telecopied signatures, and hereby waive any defenses to the enforcement of the terms of this
Agreement based on the form of signature.
Section 9.8 Severability. If any provision of this Agreement is determined by
a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall nonetheless remain in full force and effect; provided that the invalidity or unenforceability
of such provision does not materially adversely affect the benefits accruing to any party
hereunder.
Section 9.9 Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California. Buyer and Seller agree that the
provisions of this Section 9.9 shall survive the Closing or any termination of this Agreement.
Section 9.10 No Third Party Beneficiary. The provisions of this Agreement and
of the documents to be executed and delivered at Closing are and will be for the benefit of Seller
and Buyer only and are not for the benefit of any third party; and, accordingly, no third party shall
have the right to enforce the provisions of this Agreement or of the documents to be executed and
delivered at Closing.
Section 9.11 Captions. The section headings appearing in this Agreement are
for convenience of reference only and are not intended, to any extent and for any purpose, to limit
or define the text of any section or any subsection hereof.
Section 9.12 Construction. The parties acknowledge that the parties and their
counsel have reviewed and revised this Agreement and that the normal rule of construction to take
effect that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any exhibits or amendments hereto.
Section 9.13 Recordation. This Agreement may not be recorded by any party
hereto without the prior written consent of the other party hereto. The provisions of this
Section 9.13 shall survive the Closing or any termination of this Agreement.
Section 9.14 Exhibits. All exhibits attached to this Agreement are incorporated
herein by reference.
Section 9.15 Date of Performance. If the date on which any performance
required hereunder is other than a business day, then such performance shall be required as of the
next following business day.
Section 9.16 Attorneys’ Fees. In the event of any legal action or other
proceeding between the parties regarding or arising out of this Agreement or the Property, the
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Packet Pg. 144 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
16
prevailing party shall be entitled to the payment by the losing party of its reasonable attorneys’
fees, court costs and litigation expenses, as determined by the court.
Section 9.17 Survival. All covenants and obligations contained in this
Agreement which imply or require performance after the Close of Escrow (including without
limitation all provisions regarding indemnity, release and confidentiality) and all representations
and warranties of the parties contained in this Agreement shall survive one (1) year following the
Close of Escrow.
[Signatures on Following Page]
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17
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the Effective Date.
SELLER:
EAST VALLEY WATER DISTRICT
________________________________________
John Mura, General Manager
BUYER:
CITY OF SAN BERNARDINO
________________________________________
Andrea M. Miller, City Manager
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
________________________________________
Miguel J. Guerrero, General Manager
11.d
Packet Pg. 146 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
ACKNOWLEDGMENT
Escrow Holder executes this Agreement below for the purpose of acknowledging that it
will follow, and agrees to be bound by, the provisions hereof.
ESCROW HOLDER:
Fidelity Title Company,
a ___________ corporation
By:
Name:
Title:
11.d
Packet Pg. 147 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
EXHIBIT A
DESCRIPTION OF LAND
11.d
Packet Pg. 148 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
11.d
Packet Pg. 149 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 150 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 151 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 152 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 153 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
LEGAL DESCRIPTIONS
AFTER LOT LINE ADJUSTMENT
LLA 2018-003
PARCEL A:
ALL THAT PORTION OF THE WEST 1/2 OF LOT 3, BLOCK 62, RANCHO SAN BERNARDINO, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7,
PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTH OF THE RIGHT OF
WAY OF THE PACIFIC ELECTRIC RAILWAY COMPANY AS CONVEYED TO THE SAN BERNARDINO, ARROWHEAD AND
WATERMAN RAILROAD COMPANY BY DEED DATED JANUARY 2, 1888 AND RECORDED IN BOOK 104, PAGE 173 OF
DEEDS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF STERLING AVENUE WITH THE SOUTH LINE OF THE
EXISTING RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY COMPANY;
THENCE EAST ALONG SAID SOUTH LINE 1985.45 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF
SAID LOT 3;
THENCE SOUTH ALONG SAID EAST LINE 629.52 FEET TO ITS INTERSECTION WITH AN EAST AND WEST FENCE LINE;
THENCE WEST 1985.45 FEET, MORE OR LESS, TO THE CENTER LINE OF SAID STERLING AVENUE AT A POINT WHICH
IS 576.87 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH 576.87 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY GRANT DEED
RECORDED FEBRUARY 4, 1948 IN BOOK 2118, PAGE 129, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY GRANT DEED
RECORDED FEBRUARY 4, 1948 IN BOOK 2118, PAGE 132, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE EAST SAN BERNARDINO COUNTY WATER
DISTRICT BY GRANT DEED RECORDED APRIL 28, 1969 IN BOOK 7017, PAGE 370, OFFICIAL RECORDS.
ALSO EXCEPTING ALL THAT PORTION OF THE WEST ONE HALF OF SAID LOT 3, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN REAL PROPERTY CONVEYED TO EAST SAN
BERNARDINO COUNTY WATER DISTRICT, RECORDED APRIL 28, 1969 IN BOOK 7017, PAGE 370, OFFICIAL RECORDS
OF SAID COUNTY AND AS SHOWN ON RECORD OF SURVEY 07-375 RECORDED IN BOOK 143, PAGES 8 THROUGH 12
OF RECORD OF SURVEYS.
THENCE NORTH 88°58'47" EAST ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO EAST SAN
BERNARDINO COUNTY WATER DISTRICT, A DISTANCE OF 116.80 FEET TO THE EAST LINE OF SAID WEST HALF OF
LOT 3;
THENCE SOUTH 00°49'43" EAST ALONG SAID LINE, A DISTANCE OF 211.18 FEET TO THE NORTH LINE OF 3RD STREET;
THENCE SOUTH 88°58'47" WEST ALONG SAID NORTH LINE, A DISTANCE OF 116.80 FEET;
THENCE NORTH 00°49'43" WEST PARALLEL WITH AND 116.80 FEET WESTERLY OF SAID EAST LINE OF THE WEST
HALF OF LOT 3, A DISTANCE OF 211.18 FEET TO THE POINT OF BEGINNING.
Exhibit A 11.d
Packet Pg. 154 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
11.d
Packet Pg. 155 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset
EXHIBIT B
EASEMENT
11.d
Packet Pg. 156 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City of San Bernardino
Municipal Water Department
P.O. Box 710
1350 South E Street
San Bernardino, CA 92402
APN: 1192-241-01
STERLING PROPERTY EASEMENT
TO EAST VALLEY WATER
DISTRICT
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER’S USE
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the City of San Bernardino, a municipal
corporation and charter city organized and existing under the laws of the State of California,
called Grantor, and East Valley Water District, a municipal corporation, hereinafter called
Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit
provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate,
construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines
for the transportation of water, and all pipes, conduits, manholes, structures and equipment
necessary or convenient thereto, on, under, or across that certain real property described and
shown on Exhibit "B", attached hereto and by this reference made a part hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT "A" ATTACHED AND MADE A PART HEREOF.
FOR LEGAL DESCRIPTION, SEE EXHIBIT “B” ATTACHED HERETO AND MADE
A PART HEREOF.
11.d
Packet Pg. 157 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
Grant of Easement
City of San Bernardino Municipal Water Department
to East Valley Water District
APN: 1192-241-01
IN WITNESS WHEREOF, said the CITY OF SAN BERNARDINO, a municipal
corporation and charter city organized and existing under the laws of the State of California, has
caused this instrument to be executed this _____ day of _____________ 2018.
GRANTOR:
CITY OF SAN BERNARDINO
By: _________________________________
City Manager
ATTEST
By: _________________________________
City Clerk
APPROVED AS TO FORM:
By: _________________________________
City Attorney
11.d
Packet Pg. 158 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
Grant of Easement
City of San Bernardino Municipal Water Department
to East Valley Water District
APN: 1192-241-01
EXHIBIT "A"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees
from all sums which Grantor or any of its officers or employees may be obligated to pay
by reason of any liability imposed on them for damages arising out of the performance of
the services rendered by Grantee and caused by any error, omission or act of Grantee or
any person employed by him or her or any others for whose acts Grantee is legally liable.
Said sums shall include, in the event of legal action, court costs, expenses of litigation
and reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on
them for damages arising out of the performance of the services rendered by Grantor and
caused by any error, omission or act of Grantor or any person employed by him or her or
any others for whose acts Grantor is legally liable. Said sums shall include, in the event
of legal action, court costs, expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor’s expense.
4. No substantial landscape items will be installed within the limits of this easement to
include but not limited to trees, shrubs, landscape walls and similar type landscape
material. Limited groundcover landscaping will be subject to written approval by
Grantee and any landscape groundcover material previously approved by Grantee, and
placed within easement limits and subsequently removed due to Grantee’s activity shall
be replaced by Grantee at Grantee’s expense. Any landscape material placed within
easement limits without the approval of the Grantee will be removed at Grantor’s
expense.
5. Grantor reserves the right to require Grantee, at Grantee's expense, to remove and
relocate all improvements placed by Grantee upon said real property, upon determination
by Grantor that the same will interfere with future development of Grantor's property.
Within 180 days after Grantor's written notice and demand for removal and relocation of
the improvements, Grantee shall remove and relocate the improvements to a feasible
location on the property of Grantor, as designated by Grantor provided that Grantor shall
grant Grantee with an easement in such new location, on the same terms and conditions
as herein stated, all without cost to Grantor, and Grantee thereupon shall reconvey to
Grantor the easement herein granted.
11.d
Packet Pg. 159 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
Grant of Easement
City of San Bernardino Municipal Water Department
to East Valley Water District
APN: 1192-241-01
6. Grantee shall assume entire responsibility for all activities under this easement, and
agrees to use due care in any use of the easement herein granted and in the construction,
installation, repair, replacement and maintenance of Grantee's improvements on the
easement area as provided for herein so as not to unreasonably disturb Grantor's use of its
property.
7. Any damage caused to Grantor’s structures by reason of the exercise of this easement
shall be repaired at the cost of the Grantee to the full satisfaction of Grantor. Grantee
may be billed with the actual cost to the Grantor, should Grantee neglect to make any and
such required repairs promptly.
8. Nothing contained within this easement shall be construed as a relinquishment of any
rights currently held by the Department.
11.d
Packet Pg. 160 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
Grant of Easement
City of San Bernardino Municipal Water Department
to East Valley Water District
APN: 1192-241-01
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within instrument to Grantee,
East Valley Water District, is hereby accepted by order of its governing Board of Directors, and
Grantee consents to the recordation thereof by its duly authorized officer.
EAST VALLEY WATER DISTRICT
By:
Date:
11.d
Packet Pg. 161 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
Grant of Easement
City of San Bernardino Municipal Water Department
to East Valley Water District
APN: 1192-241-01
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF___________________)
On _______________, 2018, before me, ____________________________, a Notary Public,
personally appeared ________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
________________________________
Notary Public
11.d
Packet Pg. 162 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
EXHIBIT B
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL "A" OF THAT CERTAIN REAL PROPERTY IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE OF LOT LINE
ADJUSTMENT 2018-003, RECORED OCTOBER 1, 2018, AS DOCUMENT 2018-0359080, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST 15 FEET OF SAID PARCEL "A".
CONTAINING 4,121.15 SQ. FT., MORE OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO AND MORE A PART HEREOF.
PREPARED BY ME OR UNDER MY SUPERVISION
� ���:=:::-> Scott Sturm, P.L.S. 8549
Expires 12-31-18
/0-2-/e
Date
r:\scott\eric welsh\lla 3rd street\legal description 15 foot easement.doc
11.d
Packet Pg. 163 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
11.d
Packet Pg. 164 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset
EXHIBIT C
FORM OF DEED
11.d
Packet Pg. 165 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of San Bernardino
City Hall, 290 North D Street
San Bernardino, CA 92401
Project: East Valley Sterling Avenue
FREE RECORDING
This instrument is for the benefit of the City of San Bernardino and is entitled to be recorded
without fee (Government Code §6103)
MAIL TAX STATEMENTS TO:
Same as above
(Space Above This Line For Recorder’s Use Only)
APNs: 1192-231-01 and 1192-241-01
GRANT DEED
FOR VALUE RECEIVED, _____________________ a _________ __________,
hereby grants to CITY OF SAN BERNARDINO, that certain Property situated in the City of San
Bernardino, County of San Bernardino, State of California, described on Exhibit A attached
hereto and by this reference incorporated herein.
SAID PROPERTY IS CONVEYED SUBJECT TO all liens, encumbrances,
easements, covenants, conditions and restrictions of record.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed dated
as of _________________________, 2018.
________________, a ___________ _______
By:
Name:
Title:
11.d
Packet Pg. 166 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
EXHIBIT A
LEGAL DESCRIPTION
11.d
Packet Pg. 167 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
11.d
Packet Pg. 168 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 169 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 170 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 171 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
11.d
Packet Pg. 172 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and East Valley Water District)
LEGAL DESCRIPTIONS
AFTER LOT LINE ADJUSTMENT
LLA 2018-003
PARCEL A:
ALL THAT PORTION OF THE WEST 1/2 OF LOT 3, BLOCK 62, RANCHO SAN BERNARDINO, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7,
PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTH OF THE RIGHT OF
WAY OF THE PACIFIC ELECTRIC RAILWAY COMPANY AS CONVEYED TO THE SAN BERNARDINO, ARROWHEAD AND
WATERMAN RAILROAD COMPANY BY DEED DATED JANUARY 2, 1888 AND RECORDED IN BOOK 104, PAGE 173 OF
DEEDS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF STERLING AVENUE WITH THE SOUTH LINE OF THE
EXISTING RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY COMPANY;
THENCE EAST ALONG SAID SOUTH LINE 1985.45 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF
SAID LOT 3;
THENCE SOUTH ALONG SAID EAST LINE 629.52 FEET TO ITS INTERSECTION WITH AN EAST AND WEST FENCE LINE;
THENCE WEST 1985.45 FEET, MORE OR LESS, TO THE CENTER LINE OF SAID STERLING AVENUE AT A POINT WHICH
IS 576.87 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH 576.87 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY GRANT DEED
RECORDED FEBRUARY 4, 1948 IN BOOK 2118, PAGE 129, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY GRANT DEED
RECORDED FEBRUARY 4, 1948 IN BOOK 2118, PAGE 132, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE EAST SAN BERNARDINO COUNTY WATER
DISTRICT BY GRANT DEED RECORDED APRIL 28, 1969 IN BOOK 7017, PAGE 370, OFFICIAL RECORDS.
ALSO EXCEPTING ALL THAT PORTION OF THE WEST ONE HALF OF SAID LOT 3, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN REAL PROPERTY CONVEYED TO EAST SAN
BERNARDINO COUNTY WATER DISTRICT, RECORDED APRIL 28, 1969 IN BOOK 7017, PAGE 370, OFFICIAL RECORDS
OF SAID COUNTY AND AS SHOWN ON RECORD OF SURVEY 07-375 RECORDED IN BOOK 143, PAGES 8 THROUGH 12
OF RECORD OF SURVEYS.
THENCE NORTH 88°58'47" EAST ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO EAST SAN
BERNARDINO COUNTY WATER DISTRICT, A DISTANCE OF 116.80 FEET TO THE EAST LINE OF SAID WEST HALF OF
LOT 3;
THENCE SOUTH 00°49'43" EAST ALONG SAID LINE, A DISTANCE OF 211.18 FEET TO THE NORTH LINE OF 3RD STREET;
THENCE SOUTH 88°58'47" WEST ALONG SAID NORTH LINE, A DISTANCE OF 116.80 FEET;
THENCE NORTH 00°49'43" WEST PARALLEL WITH AND 116.80 FEET WESTERLY OF SAID EAST LINE OF THE WEST
HALF OF LOT 3, A DISTANCE OF 211.18 FEET TO THE POINT OF BEGINNING.
Exhibit A 11.d
Packet Pg. 173 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
11.d
Packet Pg. 174 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On __________________________, 2018, before me, __________________________, a notary
public in and for said State, personally appeared _______________________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
11.d
Packet Pg. 175 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
OC\620099.2
EXHIBIT D-1
FORM OF FIRPTA CERTIFICATE
11.d
Packet Pg. 176 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
OC\620099.2
CERTIFICATE REGARDING FOREIGN INVESTMENT
IN PROPERTY TAX ACT
(ENTITY TRANSFEROR)
Section 1445 of the Internal Revenue Code provides that the transferee of a
United States property interest must withhold tax if the transferor is a foreign person. To inform
City of San Bernardino (“Buyer”) that withholding of tax is not required upon the disposition of
a United States Property interest by ______________ (“Seller”), and with the knowledge that
Buyer will rely upon the following statements, Seller hereby certifies the following facts to
Buyer:
1. Seller is not a foreign corporation, foreign partnership, foreign trust,
foreign estate or foreign person (as those terms are defined in the Internal
Revenue Code and Income Tax Regulations).
2. Seller’s United States Employer Identification Number/Social Security
Number is: _______________.
3. Seller’s office/home address is _______________________________.
Seller understands that this certification may be disclosed to the Internal Revenue
Service by Buyer and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalty of perjury, the undersigned declare that I/we have examined this
Certificate and, to the best of my/our knowledge and belief, it is true, correct and complete, and
I/we further declare that I/we have authority to sign this document on behalf of Seller.
Dated as of __________________, 2018 SELLER:
________________________, a ______________
______________
By:
Name:
Title:
11.d
Packet Pg. 177 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
EXHIBIT D-2
FORM OF CALFIRPTA CERTIFICATE
11.d
Packet Pg. 178 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
YEAR Real Estate Withholding Exemption Certificate and
Waiver Request for Non-Individual Sellers
CALIFORNIA FORM
2003 593-W
Part I Withholding Exemption Certificate
Seller’s Information
Name
CA corp. no. FEIN SOS file no. Social security no.
Address
Private Mailbox no. Note: If you do not furnish your tax ID
number this certificate is void.
City, State, ZIP Code
Daytime number
( )
Ownership
percentage
Property address (if no street address, provide parcel number and county)
Read the following and check the appropriate box. See line-by-line instructions, Part I – Withholding Exemption Certificate.
YES NO
1. Is the total sales price of this property, before applying your percentage of ownership, $100,000 or less? ..............................................................
2 Is the seller a corporation that is either qualified through the California Secretary of State or has a permanent place of
business in California? ..............................................................................................................................................................................................
3 Is the seller a partnership with recorded title to the property in the name of the partnership?
(If yes, the partnership must still file a California tax return to report the sale and withhold on foreign and domestic nonresident
partners as required. Get FTB Pub. 1017, Nonresident Withholding Partnership Guidelines, for withholding information.)
4. Is the seller (recorded title holder) a limited liability company (LLC) that is classified as a partnership and is not a disregarded single member
LLC for federal and California income tax purposes?
(If yes, the LLC must still file a California tax return to report the sale and withhold on foreign and domestic nonresident members as
required. Get FTB Pub. 1017, Nonresident Withholding Partnership Guidelines, for withholding information.) ........................................................
5. Is the seller a tax-exempt entity under either California or federal law? ....................................................................................................................
6. Is the seller an irrevocable trust with at least one trustee who is a California resident? (If yes, the trust must still file a California
tax return to report the sale and withhold when distributing California source taxable income to nonresident beneficiaries as required.
Get FTB Pub. 1023, Nonresident Withholding Independent Contractor, Rent & Royalty Guidelines, for withholding information.) ..........................
7. Is the seller an estate where the decedent was a California resident at the time of death? (If yes, the estate must still file a California fiduciary
tax return to report the sale and withhold when distributing California source taxable income to nonresident beneficiaries as required.
Get FTB Pub. 1023, Nonresident Withholding Independent Contractor, Rent & Royalty Guidelines, for withholding information.) ..........................
8 Is the seller a bank or a bank acting as a fiduciary for a trust? .................................................................................................................................
9. Is the seller an insurance company, Individual Retirement Account (IRA), or qualified pension/profit sharing plan? ................................................
Under penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. If conditions change, I
will promptly inform the withholding agent. I understand that completing this form does not exempt me from filing a California income or franchise tax return to
report this sale.
Seller’s name and title (type or print)
Seller’s signature______________________________________________________________________ Date:
If you answered “YES” to any of the above questions, STOP HERE. You are exempt from the real estate withholding requirements. Provide this form to your
escrow company or the buyer (withholding agent).
If you answered “NO” to all of the above questions, you are subject to the real estate withholding requirements. The required withholding is 3 1/3 percent of the
total sales price. Do you expect your tax liability from the sale of this property to be substantially less than that amount? If so, would you like to request a
reduced amount of withholding?
Yes. Complete the Withholding Waiver Request (Part II) and send it to the Franchise Tax Board.
No. STOP HERE. Your escrow officer will withhold 3 1/3 percent of the total sales price and send it to us on your behalf. Obtain the seller’s
copy of Form 597, Real Estate Withholding Tax Statement , from the escrow officer to attach to your California income tax return when
you file and claim the amount withheld.
Withholding Agent: If you have a requirement to withhold, complete Form 597, Real Estate Withholding Tax Statement, and send one copy to us with the
withholding payment and give two copies to the seller. Refer to the Form 597 Instructions.
11.d
Packet Pg. 179 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
YEAR CALIFORNIA FORM
2003 593-W
Part II Withholding Waiver Request (please print or type)
Seller’s Information
Name of seller (if more than one, see Part II – Withholding Waiver Request Instructions for multiple sellers)
Seller’s Entity Type
Corporation
S Corporation
Estate
Trust
California corporation no. FEIN
Mailing address Private Mailbox no. Seller’s social security number (SSN)
City, state and ZIP Code (province, country, and postal zone)
Seller’s email address
Daytime number
( )
Ownership
percentage
Provide a brief explanation of your reason for requesting a waiver or reduced withholding. See instructions for examples of situations for which a
waiver or reduced withholding is allowed and for the required information and documentation.
Property Information
Property address (if no street address, provide parcel number and county)
Seller acquired property by (check one):
Purchase Inheritance Foreclosure/Repossession
Gift 1031 Exchange call (888) 792-4900 U.S. toll-free
or (916) 845-4900
Other_________________________________
Date seller acquired property
Seller’s adjusted basis:
Purchase price $
Add: improvements
Less: depreciation
Adjusted basis $
Provide all required documentation listed in the instructions.
Use of property at time of sale:
Rental / Commercial Vacant land
Secondary / Vacation home Other (attach explanation)
Length of time used for this purpose: Years________ Months_________
Escrow Information
Name and address of escrow company
Escrow company email address
Name of escrow officer
Escrow number
Escrow company or officer
telephone number
( )
FAX number
( )
Total sales price of property before applying your ownership interest
Estimated close of escrow date
Buyer’s Information
Name of buyer (see Part II – Withholding Waiver Request Instructions if more than one)
Buyer’s social security number (SSN)
Address (number and street, PO box or rural route) Private Mailbox No. California corporation no. FEIN
City, state, and ZIP Code (province, country, and postal zone)
Buyer’s spouse’s SSN (if applicable)
Under penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. If conditions change, I will
promptly inform the withholding agent and the Franchise Tax Board. I understand that completing this form does not exempt me from filing a California
income or franchise tax return to report this sale.
Seller’s name and title (type or print) ___________________________________________________________________________________________
Seller’s signature ___________________________________________________________________________________ Date: __________________
Side 2 Form 593-W C2 (NEW 12-2002) 593W0303 For Privacy Act Notice, get form FTB 1131.
11.d
Packet Pg. 180 Attachment: Water.EVWD.Exhibit 1 to Reso-Purchase and Sale Agmt (5895 : Property and Asset Exchange Between City Water Department and
City Council Ward 1
1192-231-01 1192-241-01
5TH ST
6TH ST
LESLIE STSTERLINGAVEELM ST3RD ST LANKERSHIM AVEPERIMETER RD
12''
20''
6'
'16''20''20''20''
µDocument Path: K:\Projects\Maps\Purchased_Property.mxdPURCHASE PROPERTY
11.e
Packet Pg. 181 Attachment: Water.EVWD.Exhibit 2 to Reso-Purchased Property (5895 : Property and Asset Exchange
7
11.f
Packet Pg. 182 Attachment: Water.EVWD Water Board Staff Report.Attach3 (5895 : Property and Asset Exchange Between City Water Department and East
11.f
Packet Pg. 183 Attachment: Water.EVWD Water Board Staff Report.Attach3 (5895 : Property and Asset Exchange Between City Water Department and East
12.a
Packet Pg. 184 Attachment: Water.Del Rosa Shares.Report (5896 : Sale of Del Rosa Mutual Water Company Shares)
Discussion
In April 2016, San Manuel acquired 3,729 shares of Del Rosa Water from the Campus
Crusade for Christ. A month later, San Manuel requested a meeting with the Water
Department to discuss Del Rosa Water, specifically the potential purchase of the City’s
shares. San Manuel expressed interest in acquiring the City’s shares to become the
sole owner of Del Rosa Water. It was agreed that San Manuel would commission a
valuation of Del Rosa Water to determine the company’s value, and at the same time,
the Water Department would conduct due diligence in order to provide the complete
scope of its position.
Krieger & Stewart Engineering Consultants (K&S) completed the attached valuation this
past August. The Del Rosa Water assets are the organization itself, a single parcel of
land, and appropriative water rights, both surface water and groundwater. K&S valued
the organization at $4,000 and the land at $13,000. K&S determined that the company
has no water rights value because of the Western Judgment. The total value of Del
Rosa Water is $17,000 or $3.94/share. The value of the City’s shares is $2,289.14.
In consultation with outside counsel, Water Department staff has done its due diligence
and has determined that the K&S valuation of Del Rosa Water is fair and accurate.
At the November 27, 2018, regular meeting of the Board of Water Commissioners, the
Water Board unanimously approved the sale of the City’s Del Rosa Water shares.
Fiscal Impact
The Water Department will receive $2,289.14 from San Manuel for the sale of the City’s
Del Rosa Mutual Water Company shares.
2018-2019 Goals and Objectives
The proposed transaction aligns with Goal No. 4: Endure Development of a Well
Planned, Balanced, and Sustainable City and Goal No. 7: Pursue City Goals and
Objectives by Working with Other Agencies.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-3,
approving the sale of the City’s Del Rosa Mutual Water Company shares to the San
Manuel Band of Mission Indians.
Attachments
Attachment 1 Krieger & Stewart Valuation
Attachment 2 Resolution; Exhibit 1 – Assignment of Shares
Attachment 3 Water Board Staff Report
12/21/2018 11:43 AM
12.a
Packet Pg. 185 Attachment: Water.Del Rosa Shares.Report (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 186 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 187 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 188 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 189 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 190 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
Description of East Twin Creek Diversions (extracted from USGS Open File Report 77-398)12.b
Packet Pg. 191 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 192 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 193 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 194 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
CalendarYearComputed byRowe(1)ReportedbyRowe(2)RecordedwithSWRCB(#3601811)(3)ReportedbyWatermaster(#3601811)(4)ReportedbyRowe(#3601979)(2)ReportedbyWatermaster(#3601979)(4)Note1935 444 - - - - - - 1936 204 - - - - - - 1937 784 - - - - - - 1938 1044 - - - - - - 1939 874 - - - - - - 1940 784 - - - - - - 1941 924 - - - - - - 1942 694 - - - - - - 1943 1154 - - - - - - 1944 1004 - - - - - - 1945 804 - - - - - - 1946 914 - - - - - - 1947 974 - - - - - - 1948 704 - - - - - - 1949 794 - - - - - - 1950 654 455 455 455 46 - 4551951 614 378 378 378 146 - 3781952 814 707 707 707 146 146 8531953 614 493 493 493 146 146 6391954 774 629 629 629 146 146 7751955 704 556 556 556 146 146 7021956 704 460 460 460 146 146 6061957 754 556 556 556 146 146 70219587347647647641461469101959 814 400 400 400 146 146 5461960 494 300 300 300 146 146 4461961 454 302 302 302 146 146 4481962 1034 272 272 272 146 146 4181963 514 211 211 211 146 146 357Five Year Base Period (Combined Average 443)Combined DRMWC & Carpenter Right (4)TABLE 1EAST TWIN CREEK SURFACE WATER DIVERSIONSBYDEL ROSA MUTUAL WATER COMPANY(ACRE-FEET PER YEAR)Del Rosa Mutual Water Company Carpenter RightRAK/blt918-3-Diversions&Extractions.xlsx (08/15/18)Page 1 of 312.bPacket Pg. 195Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company
CalendarYearComputed byRowe(1)ReportedbyRowe(2)RecordedwithSWRCB(#3601811)(3)ReportedbyWatermaster(#3601811)(4)ReportedbyRowe(#3601979)(2)ReportedbyWatermaster(#3601979)(4)NoteCombined DRMWC & Carpenter Right (4)TABLE 1EAST TWIN CREEK SURFACE WATER DIVERSIONSBYDEL ROSA MUTUAL WATER COMPANY(ACRE-FEET PER YEAR)Del Rosa Mutual Water Company Carpenter Right1964 - 73 73 73 146 146 2191965 - 73 23 23 146 146 1691966 - 340 340 340 146 146 4861967 - 2,449 2,449 2,449 146 146 2,5951968 - 1,147 1,147 1,147 146 146 1,2931969 - 2,572 2,572 2,572 146 146 2,7181970 - 1,656 1,656 1,656 146 146 1,8021971 - 1,306 1,306 1,306 146 146 1,4521972 - - 779 779 146 146 9251973 - - 1,305 1,305 146 146 1,4511974 - 1,090 1,090 1,090 146 146 1,2361975 - 1,290 1,290 1,290 146 146 1,4361976 - 708 708 708 0 0 7081977 - - - 100 0 - 1001978 - - - 150 - - 1501979 - - - 150 - - 1501980 - - - 150 - - 1501981 - File Closed - 150 File Closed - 1501982 - - - 150 - - 1501983 - - - 150 - - 1501984 - - - 150 - - 1501985 - - - 150 - - 1501986 - - - 150 - - 1501987 - - - 100 - - 1001988 - - - 100 - - 1001989 - - - 100 - - 1001990 - - - 100 - - 100RAK/blt918-3-Diversions&Extractions.xlsx (08/15/18)Page 2 of 312.bPacket Pg. 196Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company
CalendarYearComputed byRowe(1)ReportedbyRowe(2)RecordedwithSWRCB(#3601811)(3)ReportedbyWatermaster(#3601811)(4)ReportedbyRowe(#3601979)(2)ReportedbyWatermaster(#3601979)(4)NoteCombined DRMWC & Carpenter Right (4)TABLE 1EAST TWIN CREEK SURFACE WATER DIVERSIONSBYDEL ROSA MUTUAL WATER COMPANY(ACRE-FEET PER YEAR)Del Rosa Mutual Water Company Carpenter Right1991 - - - 100 - - 1001992 - - - 100 - - 1001993 - - - 100 - - 1001994 - - - 100 - - 1001995 - - - 100 - - 1001996 - - - 100 - - 1001997 - - - 100 - - 1001998 - - 300 100 - - 1001999 - - 1,761 100 - - 1002000 - - 1,750 100 - - 1002001 - - 1,735 100 - - 1002002 - - 1,785 100 - - 1002003 - - 1,785 100 - - 1002004 - - 2,500 100 - - 1002005 - - 1,750 100 - - 1002006 - - 1,700 100 - - 1002007 - - - 3 - - 3(1)Annual diversions (water year) computed or recorded by Penn Rowe (Rowe records at WRI @ CSUSB) for Del Rosa Mutual Water Company.(2)(3)Annual diversions as reported to the State Water Resources Control Board (records from Arrowhead Springs) for Recordation Number 3601811.(4)Annual diversions reported by Western Watermaster. Base period diversions (five year base period 1959 through 1963) verified by Watermaster for Recordation Numbers 3601811 and 3601979.Annual diversions reported by Joe Rowe (CM Engineering Associates, Inc., 1987) for Del Rosa Mutual Water Company for Recordation Numbers 3601811 and 3601979.RAK/blt918-3-Diversions&Extractions.xlsx (08/15/18)Page 3 of 312.bPacket Pg. 197Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company
CalendarYearGOLDNAV1, #3601809(1)PRKSDE2, #3601810(1)Combined Note1935 - - - 1936 - - - 1937 - - - 1938 - - - 1939 - - - 1940 - - - 1941 - - - 1942 - - - 1943 - - - 1944 - - - 1945 - - - 1946 - - - 1947 134 - - 1948 101 - - 1949 101 605 7061950 101 605 7061951 118 622 7401952 86 518 6041953 202 634 8361954 202 620 8221955 173 389 5621956 202 471 6731957 82 190 27219580771959 94 231 3251960 100 200 3001961 561 9 5701962 529 0 5291963 284 0 284Five Year Base Period (Combined Average 402)Recorded with SWRCBTABLE 2EAST TWIN CREEK GROUNDWATER EXTRACTIONSBYDEL ROSA MUTUAL WATER COMPANY(ACRE-FEET PER YEAR)RAK/blt918-3-Diversions&Extractions.xlsx (08/15/18)Page 1 of 212.bPacket Pg. 198Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company
CalendarYearGOLDNAV1, #3601809(1)PRKSDE2, #3601810(1)Combined NoteRecorded with SWRCBTABLE 2EAST TWIN CREEK GROUNDWATER EXTRACTIONSBYDEL ROSA MUTUAL WATER COMPANY(ACRE-FEET PER YEAR)1964 486 0 4861965 378 0 3781966 509 0 5091967 File Closed - -1968 - 0 01969 - 0 01970 - - -1971 - - -1972 - - -1973 - - -1974 - 0 01975 - 0 01976 - 0 01977 - - -1978 - - -1979 - - -1980 - - -1981 - File Closed -(1)Annual extractions as reported to the State Water Resources Control Board (records from Arrowhead Springs, Water Resources Institute @ CSUSB, and Western Watermaster) for Del Rosa Mutual Water Company (Recordation Numbers 3601809 and 3601810).RAK/blt918-3-Diversions&Extractions.xlsx (08/15/18)Page 2 of 212.bPacket Pg. 199Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company
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Cisco Well
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Del Rosa Mutual Water Co. - Parkside 2
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Dillson Ave
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Waterman Avenue
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San Andeas Fault
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(#3601811)
(#3601809)
Base map provided by
San Bernardino Valley Municipal Water District
(08/16/2018), with additional annotations by
Krieger & Stewart (08/21/2018)
Arrowhead Springs Hotel
12.b
Packet Pg. 200 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 201 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 202 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.b
Packet Pg. 203 Attachment: Water.Del Rosa Shares.Attach1.KS Valuation (5896 : Sale of Del Rosa Mutual Water Company Shares)
Resolution No. 2019-3
RESOLUTION NO. 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
WHEREAS, individual owners of East Twin Creek water rights formed the Del Rosa
Mutual Water Company in 1901;
WHEREAS, the City owns 581 shares and the San Manuel Band of Mission Indians
owns 3,729 shares of the Company’s 4,310 outstanding shares; and
WHEREAS, on November 27, 2018, the Water Board of the City of San Bernardino,
California, approved the Sale and Assignment of the City’s Del Rosa Mutual Water Company shares
and forwarded said Sale to the Mayor and City Council for approval.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2, The Mayor and City Council hereby approve the Sale and Assignment
(Exhibit “1”) and authorize the City Manager to execute said Sale.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
John Valdivia, Mayor
City of San Bernardino
12.c
Packet Pg. 204 Attachment: Water.Del Rosa Shares.Attach2.Resolution (5896 : Sale of Del Rosa Mutual Water Company Shares)
Resolution No. 2019-3
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
12.c
Packet Pg. 205 Attachment: Water.Del Rosa Shares.Attach2.Resolution (5896 : Sale of Del Rosa Mutual Water Company Shares)
Resolution No. 2019-3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, MMC, City Clerk
12.c
Packet Pg. 206 Attachment: Water.Del Rosa Shares.Attach2.Resolution (5896 : Sale of Del Rosa Mutual Water Company Shares)
ASSIGNMENT OF SHARES SEPARATE FROM CERTIFICATE
The City of San Bernardino, a municipal corporation (“City”), with offices at 290 North D
Street, San Bernardino, CA 92401, for the value received in the sum of Two Thousand Two
Hundred Eighty-Nine Dollars and Fourteen Cents ($2,289.14), does hereby, sell, assign, and
transfer to San Manuel Band of Mission Indians, a federally recognized Indian tribe (“San
Manuel”), with offices at 26569 Community Center Drive, Highland, CA 92346, Five Hundred
Eighty One (581) shares of Del Rosa Mutual Water Company (“Company”), which constitutes
City’s entire ownership interest in Company, standing in the undersigned name on the books of
Company, represented by certificate No. 789, 799, 809, 818, 834, 844, 853, and 857. The effect
of this transfer shall make San Manuel the sole shareholder of Company.
The undersigned does hereby irrevocably constitute and appoint each officer of Company to
transfer said shares on the books of Company with full power of substitution in the premises.
Dated this _____ day of _____________, 2018
CITY OF SAN BERNARDINO
By: ________________________________
Name: Andrea Miller
Title: City Manager
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
By: ________________________________
Name: Miguel Guerrero
Title: General Manager
12.d
Packet Pg. 207 Attachment: Water.Del Rosa Shares.Attach2.Exhibit 1 to Reso.Assignment of Shares Separate From Certificate (5896 : Sale of Del Rosa Mutual
6
12.e
Packet Pg. 208 Attachment: Water.Del Rosa Shares.Attach3.Water Board Staff Report (5896 : Sale of Del Rosa Mutual Water Company Shares)
12.e
Packet Pg. 209 Attachment: Water.Del Rosa Shares.Attach3.Water Board Staff Report (5896 : Sale of Del Rosa Mutual Water Company Shares)
13.a
Packet Pg. 210 Attachment: Water.Conservation Plan.Report (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
1) Feldheym Library
2) Broadmoor Boulevard Medians
3) Muscupiabe Drive Medians
4) Mountain View Avenue Medians
The attached exhibits provide additional information, including approximate areas and
cost estimates for each location. The overall estimated cost does exceed the committed
funds, requiring further refinement of the Conservation Plan. The Feldheym Library is a
priority, as planning and design work on this area is already underway through a
separate conservation grant. Staff will work out a phasing plan for the remaining areas
to expend the rest of the funds.
The Conservation Plan was presented to the City Water Board as an informational item
at the November 13, 2018, Board of Water Commissioners regular meeting.
Fiscal Impact
There is no fiscal impact to the City General Fund. Per the Settlement Agreement,
EVWD provided their share, $500,000, to the Water Department shortly after LAFCo
approved activation of EVWD’s latent authority for wastewater treatment this past
summer. Valley District will be providing their share, $500,000, through
reimbursements, as the Conservation Plan is implemented. The Water Department has
budgeted its share, $500,000, in its Fiscal Year 2018/2019 operating budget.
2018-2019 Goals and Objectives
The proposed Agreement aligns with Goal No. 4: Endure Development of a Well
Planned, Balanced, and Sustainable City and Goal No. 7: Pursue City Goals and
Objectives by Working with Other Agencies. The Conservation Plan is a collaborative
effort between the City, EVWD, and Valley District. The landscape improvements will
aesthetically enhance the library and median landscape while promoting conservation.
Conclusion
This is an informational item, no action is recommended at this time. The Mayor and
City Council will be provided updates as the Conservation Plan is implemented.
Attachments
Attachment 1 Conservation Plan Exhibits
Attachment 2 Water Board Staff Report
Ward: 1, 2, 5, and 7
Synopsis of Previous Council Actions:
November 20, 2017 - Mayor and City Council approved Settlement Agreement
12/21/2018 11:44 AM
13.a
Packet Pg. 211 Attachment: Water.Conservation Plan.Report (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
77,464 SQ. FT.
1.78 ACRES
$542,245 TO $774,636
CHURCH ST
VICTORIA AVE
6TH ST
5TH STF STE STFeldheym Library
:K:\Projects\Maps\ClaytonGordon\Medians\Median_MXDs\Version2\FeldheymLibrary.mxdIrrigation Landscape
13.b
Packet Pg. 212 Attachment: Water.Conservation Plan.Attach 1 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
·|}þ012
53,327 SQ. FT.
1.22 ACRES
$373,286 TO $533,266
Broadmoor Blvd Medians
:K:\Projects\Maps\ClaytonGordon\Medians\Median_MXDs\Version2\BroadmoorMedians.mxdBROADMOOR BLVD30TH ST
PARKDALE ST
Median
13.b
Packet Pg. 213 Attachment: Water.Conservation Plan.Attach 1 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
231,988 SQ. FT.
5.33 ACRES
$1,623,918 TO $2,319,884
Mountain View Ave - NorthMarshall Blvd to Electric Ave
:K:\Projects\Maps\ClaytonGordon\Medians\Median_MXDs\Version2\MountainViewAve_North_Medians.mxdMOUNTAIN VIEW AVEMARSHALL BLVDELECTRIC AVE N.MOUNTAIN VIEW AVEMedian
13.b
Packet Pg. 214 Attachment: Water.Conservation Plan.Attach 1 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
202,621 SQ. FT.
4.65 ACRES
$1,418,344 TO $2,026,206
:K:\Projects\Maps\ClaytonGordon\Medians\Median_MXDs\Version2\MountainViewAve_South_Medians.mxdMOUNTAIN VIEW AVEHIGHLAND AVE
Marshall Blvd
Mountain View Ave - SouthHighland Ave to Marshall BlvdMedian
13.b
Packet Pg. 215 Attachment: Water.Conservation Plan.Attach 1 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
98,029 SQ. FT.
2.25 ACRES
$686,201 TO $980,288
Muscupiabe Dr Medians
:K:\Projects\Maps\ClaytonGordon\Medians\Median_MXDs\Version2\MuscupiabeMedians.mxdW. HIGHLAND AVEMUSCUPIABE DRMARSHA
L
L
B
L
V
D
Median
13.b
Packet Pg. 216 Attachment: Water.Conservation Plan.Attach 1 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
10
13.c
Packet Pg. 217 Attachment: Water.Conservation Plan.Attach 2 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
13.c
Packet Pg. 218 Attachment: Water.Conservation Plan.Attach 2 (5897 : City Water Efficient Landscape Improvements Plan (Informational Item Only))
14.a
Packet Pg. 219 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 00-REPORT (5898 : Agreement with Z&K Consultants
2018-19 Goals and Objectives
This project is consistent with Goal No 4. Ensure Development of a Well-Planned
Balanced and Sustainable City and will assist to contribute to well-maintained public
buildings for sustained economic growth.
Fiscal Impact
Z&K Consultant Inc. and Infrastructure Engineers services will be paid through various
CIP projects. Sufficient funds are available in the current budget to absorb the contract
amount.
Conclusion
It is recommended the Mayor and City Council adopt Resolution No. 2019-4 approving
Agreements with Z&K Consultants Inc. for $100,000 and Infrastructure Engineers for
$100,000 to provide Public Works Construction Inspector Services.
Attachments
Attachment 1 Resolution
Attachment 2 Exhibit A; Agreement with Z&K Consultants Inc.
Attachment 3 Exhibit B; Agreement with Infrastructure Engineers
Ward: All
Synopsis of Previous Council Actions:
None
12/21/2018 11:44 AM
14.a
Packet Pg. 220 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 00-REPORT (5898 : Agreement with Z&K Consultants
Resolution No. 2019-4
RESOLUTION NO. 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
WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No.
2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY
2018/19; and
WHEREAS, City does not have enough resources to fulfill inspection needs for the CIP
projects; and
WHEREAS, That Z&K Consultants Inc. located at 22295 Jessamine Way, Corona,
California 92883., and Infrastructure Engineer located at 3060 Saturn Street, Suite 250, Brea,
California 92821, have resources to provide qualified and experienced personals to perform
construction inspection; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his/her designee is hereby authorized and directed
to award a contract to Z&K Consultants Inc., in the amount of $100,000, attached hereto as
Exhibit A.
SECTION 3. The City Manager or his/her designee is hereby authorized and directed
to award a contract to Infrastructure Engineers, in the amount of $100,000, attached hereto as
Exhibit B.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
14.b
Packet Pg. 221 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5898 : Agreement with Z&K
Resolution No. 2019-4
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
14.b
Packet Pg. 222 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5898 : Agreement with Z&K
Resolution No. 2019-4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 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
____________ 2018.
Georgeann Hanna, MMC, City Clerk
14.b
Packet Pg. 223 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 001-Attachment 1.RESOLUTION (5898 : Agreement with Z&K
14.c
Packet Pg. 224 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 225 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 226 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 227 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 228 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 229 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 230 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 231 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 232 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 233 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 234 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 235 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 236 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 237 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 238 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 239 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 240 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.c
Packet Pg. 241 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit A-Agreement (5898 : Agreement with
14.d
Packet Pg. 242 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 243 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 244 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 245 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 246 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 247 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 248 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 249 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 250 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 251 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 252 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 253 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 254 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 255 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 256 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 257 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
14.d
Packet Pg. 258 Attachment: PW.Contract Award Z&K Consultants and Infrastructure Engineers 002-Attachment 2-Exhibit B-Agreement (5898 : Agreement with
15.a
Packet Pg. 259 Attachment: CAO.Jones and Mayer - Contract Extension-c2.Report (5899 : First Amendment to Legal Services Agreement with Jones & Mayer
Fiscal Impact
Funding for special counsel was included in the City Attorney’s FY 2018/19 budget
within account number 001-050-0005-5503.
Conclusion
It is recommended that the City Council authorize the City Manager to execute the First
Amendment to the Legal Services Agreement with Jones & Mayer relating to the
provision of legal services for Code Enforcement and Prosecution Services.
Attachments
Attachment 1 First Amendment to the Legal Services Agreement
Attachment 2 Original Legal Services Agreement
Ward: Citywide
Synopsis of Previous Action:
On July 16, 2018, the City Manager executed an agreement between Jones & Mayer for
special counsel to provide legal services related to Code Enforcement and Prosecution
Services
12/21/2018 11:41 AM
15.a
Packet Pg. 260 Attachment: CAO.Jones and Mayer - Contract Extension-c2.Report (5899 : First Amendment to Legal Services Agreement with Jones & Mayer
FIRST AMENDMENT TO THE
LEGAL SERVICES AGREEMENT
FOR CODE ENFORCEMENT AND PROSECUTION SERVICES
CITY OF SAN BERNARDINO
This First Amendment (“First Amendment”) to the Legal Services Agreement between the
City of San Bernardino (“City”) and the law firm of Jones & Mayer (“Consultant”) is made and
entered into this 19th day of December 2018 (“Effective Date”). City and Consultant may
hereafter be referred to as the “Parties.”
WHEREAS, the Parties entered into a Legal Services Agreement for Code Enforcement
and Prosecution Services on July 1 6, 2018 (“Original Agreement”); and
WHEREAS, the Parties wish to amend the Original Agreement to extend the term until
June 30, 2019, and to provide for City Council approval of the amended agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Parties hereby agree as follows:
1. Section 4 of the Original Agreement is hereby amended to read in its entirety as follows:
“The term of this Agreement shall begin on the date of execution by both Parties and shall
terminate on June 30, 2019, unless extended by the mutual written agreement of the Parties.”
2. Except for the changes specifically set forth herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect. The City ratifies the Original
Agreement and all amounts paid thereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by
and through their respective authorized officers, as of the Effective Date.
CITY OF SAN BERNARDINO
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
ATTEST:
Georgeann Hanna, MMC, City Clerk
JONES & MAYER
______________________________
Name and Title
1
15.b
Packet Pg. 261 Attachment: CAO.Jones and Mayer PSA First Amendment(Code and Prosecution Services)-c2 (5899 : First Amendment to Legal Services
15.c
Packet Pg. 262 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
15.c
Packet Pg. 263 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
15.c
Packet Pg. 264 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
15.c
Packet Pg. 265 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
15.c
Packet Pg. 266 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
15.c
Packet Pg. 267 Attachment: CAO JONESMAYER.att2 (5899 : First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services)
16.a
Packet Pg. 268 Attachment: CD.MIG CSA Amendment.Staff Report (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman,
12/21/2018 12:27 PM
MIG adjusted their budget line item amounts within their original budget of $59,925 in
order to remain on schedule. The additional services included workshops with the
business community through the collaboration with the Chamber of Commerce and
assistance with the materials presented to the Planning Commission during the
preliminary review workshops.
In addition to the meetings that MIG is expected to attend, it is expected that there will
be supplementary work needed with regard to the Sign Code. MIG along with staff will
need to make sure the Sign Code and the Development Code work cohesively togethe r
so there is no contradiction between the two codes. The clean-up work can be
completed at an additional cost of $5,000.
Development Code Update
The current contract for the Sign Code is set to expire on December 31, 2018. The
proposed amendment would extend the contract through December 31, 2019.
2018-19 Goals and Objectives
The request for Amendment Number Two, an increase to the compensation amount
and time extension aligns with Goal No. 4: Ensure Development of a Well-Planned,
Balanced, and Sustainable City.
Fiscal Impact
The financial impact to the City is $5,000. There is sufficient funding in the FY 2017/18
Adopted Budget in account number: 001-180-0029-5502.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-5,
authorizing the City Manager to execute Amendment No. 2 to the Consulting Services
Agreement with Moore Iacofano Goltsman, Inc. to increase the compensation by $5,000
to an amount not to exceed $67,925 and to extend the term to December 31, 2019, for
the preparation of the Comprehensive Signage Regulations Update.
Attachments
Attachment 1 Resolution; Exhibit A - Amendment Number Two
Attachment 2 Original Agreement dated September 6, 2016
Attachment 3 Authorization for Additional Services
Ward: All
Synopsis of Previous Council Actions:
On September 6, 2016, the Mayor and City Council adopted Resolution No. 2016-181, approving a
contract with Moore Iacofano Goltsman, Inc.
On April 18, 2018, the Mayor and City Council adopted Resolution No. 2018-114, approving
Amendment Number One with Moore Iacofano Goltsman, Inc.
16.a
Packet Pg. 269 Attachment: CD.MIG CSA Amendment.Staff Report (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman,
Resolution No. 2019-5
RESOLUTION NO. 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 $5000 TO
AN AMOUNT NOT TO EXCEED $67,925 AND EXTEND
THE TERM TO DECEMBER 31, 2019 FOR THE
PREPARATION OF THE COMPREHENSIVE SIGNAGE
REGULATIONS UPDATE
WHEREAS, On September 6, 2016, the Mayor and City Council adopted a Resolution
approving the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) to
prepare a comprehensive update to the City’s signage regulations. The original compensation
approved was $59,925 and the term was July 30, 2017; and
WHEREAS, In April 2018 staff took an amendment to the original contract requesting
an additional $3,000 to cover the cost of two public meetings and extended the contract date to
December. The parties now wish to increase the total compensation by an additional $5,000 to
ensure consistency between the sign code and development code.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized and directed to
execute Amendment No. 2 to a Consulting Services Agreement with Moore Iacofano Goltsman,
Inc. in an amount not to exceed $67,925.00 for a term until December 31, 2019, attached hereto
as Exhibit “A”
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
16.b
Packet Pg. 270 Attachment: CD.MIG CSA Amendment.Resolution (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman,
Resolution No. 2019-5
APPROVED and ADOPTED by 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
16.b
Packet Pg. 271 Attachment: CD.MIG CSA Amendment.Resolution (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman,
Resolution No. 2019-5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 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
16.b
Packet Pg. 272 Attachment: CD.MIG CSA Amendment.Resolution (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano Goltsman,
AUTHORIZATION FOR ADDITIONAL SERVICES REQUEST
PROJECT NAME: San Bernardino Sign Regulations DATE: November 8, 2018
PROJECT LOCATION: Citywide JOB # 13811
CLIENT: City of San Bernardino
ADDRESS: 290 North D St REQUEST # 2
San Bernardino, CA 92401
MIG hereby requests authorization to proceed with additional services as based on the
following.
Scope of Services: (See Exhibit A: Additional Services Work Scope)
Change in Fee: $5,000
Original Fee: $59,925
Previous Additional Services Requests: $3,000
Current Adjusted Fee: $62,925
Current Additional Services Request: $5,000
New Adjusted Fee: $67,925
Payment
Schedule: Per existing contract
Approvals:
Moore Iacofano Goltsman, Inc. Client:
Signature
Date: Date:
Moore Iacofano Goltsman, Inc
Main Office:
800 Hearst Avenue, Berkeley, CA 94710
MIG San Diego:
3111 Camino del Rio North, Suite 100, San
Diego, CA 92108
MIG Pasadena:
537 S. Raymond Avenue, Pasadena, CA
91105
MIG Fullerton:
801 N. Harbor Boulevard, Fullerton, CA
92832
MIG Portland:
815 SW 2nd Avenue, #200, Portland, OR
97204-3022
MIG Eugene:
199 E. 5th Avenue, Suite 33, Eugene, OR
97401
Attachment "A"16.c
Packet Pg. 273 Attachment: CD.MIG CSA Amendment.Amendment Two.Exhibit A (5900 : Amendment No. 2 to Consulting Services Agreement with Moore
Exhibit A: Additional Services Work Scope
City of San Bernardino
Sign Regulations
MIG Additional Scope of Services
This additional services scope of work is provided at the request of the City of San Bernardino.
Additional Services as outlined below will be billed on a percent-complete basis, not to exceed
$5,000.
New Task: Contingency for Signage Regulations Changes
The Signage Regulations project has been on hold during staff transitions. A contingency is
established to accommodate potential changes to the Signage Regulations, based on new staff
comments. The contingency allowance will be utilized only with approval of City staff.
16.c
Packet Pg. 274 Attachment: CD.MIG CSA Amendment.Amendment Two.Exhibit A (5900 : Amendment No. 2 to Consulting Services Agreement with Moore
Attachment 2
16.d
Packet Pg. 275 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 276 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 277 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 278 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 279 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 280 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 281 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
16.d
Packet Pg. 282 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore Iacofano
Exhibit “A”
AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MOORE
IACOFANO GOLTSMAN, INC. FOR THE PREPARATION OF THE
COMPREHENSIVE SIGNAGE REGULATIONS UPDATE
THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into
this 2nd day of January, 2019 ("Effective Date"), by and between the CITY OF SAN
BERNARDINO, CALIFORNIA, a charter city ("CITY"), and MOORE IACOFANO
GOLTSMAN, INC. ("CONSULTANT").
W I T N E S S E T H:
WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services
Agreement on September 6, 2016; and
WHEREAS, CITY and CONSULTANT entered into Amendment Number One on April
18, 2016 amending the Original Consulting Services; and
WHEREAS, CITY and CONSULTANT now wish to amend the agreement to increase the
contract by an additional amount of $5,000 to ensure there is consistency between the Sign Code
and the Development Code; and
WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term
of the Agreement to December 31, 2019.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties hereby agree as follows:
1. Section 2.1 Compensation is hereby amended as follows “Over the term of this
Agreement, CONSULTANT shall be paid an amount not to exceed $67,925.00 as
described in the Additional Scope of Services, attached hereto as Attachment "A.”
2. Section 3.1 Term is hereby amended as follows “This Agreement shall commence on
the Effective Date and continue through December 31, 2019, unless the Agreement is
previously terminated as provided for herein.”
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be
executed by and through their respective authorized officers, as of the date first above written.
1
16.e
Packet Pg. 283 Attachment: CD.MIG CSA Amendment.Amendment Two.Attachment 3 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore
Exhibit “A”
AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MOORE
IACOFANO GOLTSMAN, INC. FOR THE PREPARATION OF THE
COMPREHENSIVE SIGNAGE REGULATIONS UPDATE
CITY OF SAN BERNARDINO, MOORE IACOFANO GOLTSMAN, INC.
A Charter City CONSULTANT
_________________________________ ________________________
Andrea M. Miller, City Manager Signature
_________________________
Name and Title
ATTEST:
____________________________________
Georgeann Hanna, CMC, City Clerk
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: ____________________________________
2
16.e
Packet Pg. 284 Attachment: CD.MIG CSA Amendment.Amendment Two.Attachment 3 (5900 : Amendment No. 2 to Consulting Services Agreement with Moore
17.a
Packet Pg. 285 Attachment: CM.Meeting Dates and Times 1-2-19 (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
12/21/2018 3:03 PM
Spring Recess — Cancel Wednesday, April 17, 2019
Summer Recess—Cancel Wednesday July 3, 2019
If the Mayor and City Council concurs with implementing a modified schedule for the
holidays and in the spring and summer months, staff would adjust the meeting schedule
to reflect these dates.
There was also a request concerning use of the Inland Valley Development Agenc y’s
(IVDA) Board room for City Council Meetings. Staff has reached out to IVDA regarding
City use of their Board Room. IVDA staff is working on availability as well as a cost
estimate and expect to provide that information to the City in time for this co uncil
meeting.
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, there will be an added cost.
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
It is recommended that the Mayor and City Council of the City of San Bernardino ,
review, discuss and provide direction concerning City Council Meeting dates, time, and
place.
Attachments
Attachment 1 Chapter 2.58-Meetings
Ward: All
Synopsis of Previous Council Actions:
4/17/17 – Adopted Ordinance No. MC – 1438 amending Chapter 2.58 of the Municipal Code.
17.a
Packet Pg. 286 Attachment: CM.Meeting Dates and Times 1-2-19 (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
90
Chapter 2.58
MEETINGS
Sections:
2.58.010 Mayor and City Council
2.58.020 Meetings of boards, commissions and committees
2.58.030 City Council Conduct - Generally
2.58.040 Mayor's Conduct- Generally
2.58.050 Conduct at Meetings and Relating to City Business
2.58.060 Prohibiting disruptive conduct at meetings
2.58.070 Willful Disruptions of Meetings of the Mayor
and City Council
2.58.080 Holidays
2.58.090 Familiarity with Ralph M. Brown Act required
2.58.100 Continuances; fee
2.58.110 Public Participation in Meetings
of the Mayor and City Council
2.58.120 Quasi-Judicial Hearings
2.58.010 Mayor and City Council
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(Ord. MC-1438, 4-17-17; Ord. MC-1388, 6-03-13)
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RIWKHHQWLUH&LW\UDWKHUWKDQDQ\SDUWLFXODUJHRJUDSKLFDUHDRUVSHFLDOLQWHUHVW
(Ord. MC-1438, 4-17-17; Ord. MC-1134, 12-04-02; Ord. MC-883, 9-08-93;
2UG0& 2UG0& 2UG 2UG
2.58.020 Meetings of boards, commissions and committees
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Mayor and City Council.
(Ord. MC-1438, 4-17-17; Ord. MC-184, 7-07-82; Ord. 3638, 4-20-77)
[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
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Packet Pg. 287 Attachment: CM.Meeting Dates and Times.MC2.58.docx (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
91
2.58.030 City Council Conduct - Generally
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(Ord. MC-1438, 4-17-17; Ord. MC-390, 7-09-84)
2.58.040 Mayor's Conduct- Generally
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participate in discussions.
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2.58.050 Conduct at Meetings and Relating to City Business
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[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
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[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
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in public.
[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
17.b
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2.58.070 Willful Disruptions of Meetings of the Mayor and City Council
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[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
17.b
Packet Pg. 291 Attachment: CM.Meeting Dates and Times.MC2.58.docx (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
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(Ord. MC-1478, 4-04-18; Ord. MC-1438, 4-17-17)
[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
17.b
Packet Pg. 292 Attachment: CM.Meeting Dates and Times.MC2.58.docx (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
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2.58.080 Holidays
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(Ord. MC-1438, 4-17-17)
2.58.090 Familiarity with Ralph M. Brown Act required
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(Ord. MC-1438, 4-17-17)
2.58.100 Continuances; fee
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(Ord. MC-1438, 4-17-17)
2.58.110 Public Participation in Meetings of the Mayor and City Council
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[Return to Municipal Code Contents]
[Rev. October 2018] >5HWXUQWR7LWOH&RQWHQWV@
17.b
Packet Pg. 293 Attachment: CM.Meeting Dates and Times.MC2.58.docx (5901 : Discussion Regarding City Council Meeting Dates, Time, and Place)
18.a
Packet Pg. 294 Attachment: CM MAYORS STAFFING.sr (5902 : Proposed Staffing Level for the Office of the Mayor)
18.a
Packet Pg. 295 Attachment: CM MAYORS STAFFING.sr (5902 : Proposed Staffing Level for the Office of the Mayor)
18.a
Packet Pg. 296 Attachment: CM MAYORS STAFFING.sr (5902 : Proposed Staffing Level for the Office of the Mayor)
Current Personnel Budget (Minus Mayor)
Title BU Current Budget
PERS @ Actual
Tier Health Medicare
Total Salary &
Benefits
Current Chief of Staff (U)Mgmt $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$
Current Assistant to Mayor III (U)Mgmt $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$
Current Assistant to Mayor II (U)Mgmt $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$
Current Annualized Cost of Positions 305,692.41$
OPTION 2a - Keep two current positions, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). All at bottom step.
Title BU
Bottom Step
Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Chief of Staff (U)Mgmt 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$
Change Executive Assistant to Mayor (U)Conf 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$
Current Assistant to Mayor II (U)Mgmt 57,216.00$ 6,469.13$ 14,340.00$ 1,192.20$ 79,217.34$
New Assistant to the Mayor I (U)Mgmt 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$
New Assistant to the Mayor I (U)Mgmt 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$
New Assistant to the Mayor I (U)Mgmt 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$
New Assistant to the Mayor I (U)Mgmt 44,592.00$ 4,535.90$ 14,340.00$ 646.58$ 64,114.48$
New Senior Customer Service Representative (U)Conf 38,388.00$ 3,904.83$ 14,340.00$ 556.63$ 57,189.45$
Annualized Cost of Option 2a 597,269.00$
OPTION 2b - Keep two current positions, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). All at middle step.
Title BU
Middle Step
Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Chief of Staff (U)Mgmt 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$
Change Executive Assistant to Mayor (U)Conf 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$
Current Assistant to Mayor II (U)Mgmt 63,084.00$ 6,469.13$ 14,340.00$ 1,192.20$ 85,085.34$
New Assistant to the Mayor I (U)Mgmt 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$
New Assistant to the Mayor I (U)Mgmt 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$
New Assistant to the Mayor I (U)Mgmt 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$
New Assistant to the Mayor I (U)Mgmt 49,164.00$ 5,000.96$ 14,340.00$ 712.88$ 69,217.84$
New Senior Customer Service Representative (U)Conf 42,324.00$ 4,305.20$ 14,340.00$ 613.70$ 61,582.90$
Annualized Cost of Option 2b 645,959.66$
OPTION 2c - Keep two current positions, add 5 new positions and change Assistant to Mayor III (U) to a Executive Assistant to Mayor (U). All at top step.
Title BU Top Step Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Chief of Staff (U)Mgmt $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$
Change Executive Assistant to Mayor (U)Conf $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$
Current Assistant to Mayor II (U)Mgmt 69,552.00$ 6,469.13$ 14,340.00$ 1,192.20$ 91,553.34$
New Assistant to the Mayor I (U)Mgmt $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$
New Assistant to the Mayor I (U)Mgmt $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$
New Assistant to the Mayor I (U)Mgmt $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$
New Assistant to the Mayor I (U)Mgmt $ 54,192.00 5,512.41$ 14,340.00$ 785.78$ 74,830.19$
New Senior Customer Service Representative (U)Conf $ 46,668.00 4,747.07$ 14,340.00$ 676.69$ 66,431.75$
Annualized Cost of Option 2c 699,576.80$
18.b
Packet Pg. 297 Attachment: CM.Mayor Staffing Analysis 12-20-18 (5902 : Proposed Staffing Level for the Office of the
Staff Report
City of San Bernardino
Request for Council Action
Date: January 2, 2019
To: Honorable Mayor and City Council Members
From: Jim Mulvihill, 7th Ward Council Member
By: Renee Brizuela, Administrative Assistant to City Council
Subject: Southern California Association of Governments RHNA Update
Recommendation
Receive an oral report by Council Member Mulvihill.
Background
Council Member Mulvihill has been attending the Southern California Association of
Governments RHNA Subcommittee Meetings. These meetings are held in Los Angeles, CA.
Council Member Mulvihill will provide an oral report at this evening’s meeting.
Discussion
Council Member Mulvihill will provide an oral report on the Southern California Association of
Governments RHNA Subcommittee Meeting at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attends the Southern California Association of Governments RHNA Subcommittee
Meetings on a monthly basis to gain knowledge for future policy making decisions. It aligns
with Goal Number 3 which is to Create, Maintain and Grow Jobs and Economic Value in the
City.
Fiscal Impact
None.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive and
file the oral report.
Attachment
Attachment 1 – RHNA Subregional Delegation
Attachment 2 – SCAG’s Regional Growth Forecast and Recent Housing-Related Data Trends
19.a
Packet Pg. 298 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update (5903 : Southern California Association of
19.b
Packet Pg. 299 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 1 (5903 : Southern California Association of
19.b
Packet Pg. 300 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 1 (5903 : Southern California Association of
19.b
Packet Pg. 301 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 1 (5903 : Southern California Association of
19.b
Packet Pg. 302 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 1 (5903 : Southern California Association of
19.c
Packet Pg. 303 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 304 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 305 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 306 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 307 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 308 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 309 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 310 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
19.c
Packet Pg. 311 Attachment: MCC.Southern California Association of Governments (SCAG) RHNA Update - Attachment 2 (5903 : Southern California
20.a
Packet Pg. 312 Attachment: CC SPECIAL ELECTION.sr (5904 : Special Municipal Election 2019 - Vacant Seat in Third Ward)
20.a
Packet Pg. 313 Attachment: CC SPECIAL ELECTION.sr (5904 : Special Municipal Election 2019 - Vacant Seat in Third Ward)
Resolution No. 2019-6
RESOLUTION NO. 2019-6
RESOLUTION OF THE MAYOR AND CITY OF THE
CITY OF SAN BERNARDINO 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
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Request for County Services. As authorized by Section 10002of
the Elections Code of the State of California, the Mayor and City Council request that the
Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters
to furnish services and supplies to this City for the Special Municipal Election to be held
on May 7, 2019 to fill a vacancy for council member Ward Three.
SECTION 2, Conduct of Election. Pursuant to Section 2.56.170 of the San
Bernardino Municipal Code, the General Municipal Election so called shall be conducted
by all mail ballot with two drop off polling places located at the San Bernardino City
Clerk’s Office, 201-A N. E Street, and at the San Bernardino County Registrar’s Office at
777 N. Rialto Avenue. The Board of Supervisors of the County of San Bernardino is hereby
requested to issue instructions to the Registrar of Voters to take all steps necessary for the
holding of the Special Municipal Election.
SECTION 3. The City Clerk is hereby directed to publish a notice of the Special
Municipal Election., which shall contain the following:
A. The time of the election.
B. The offices to be filled, specifying full or short term.
C. The hours the polls will be open.
SECTION 4. Cost of Election. The City of San Bernardino recognizes the
additional costs will be incurred by the County by reasons of this election and agrees to
reimburse the County for such costs.
SECTION 5. Filing of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this resolution with the Registrar of Voters.
20.b
Packet Pg. 314 Attachment: CC.Reso_SpecialElection_2019 (5904 : Special Municipal Election 2019 - Vacant Seat in Third Ward)
Resolution No. 2019-6
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 2nd 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
20.b
Packet Pg. 315 Attachment: CC.Reso_SpecialElection_2019 (5904 : Special Municipal Election 2019 - Vacant Seat in Third Ward)
Resolution No. 2019-6
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 2nd 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 2nd day of January 2019.
Georgeann Hanna, MMC, City Clerk
20.b
Packet Pg. 316 Attachment: CC.Reso_SpecialElection_2019 (5904 : Special Municipal Election 2019 - Vacant Seat in Third Ward)
Staff Report
City of San Bernardino
Request for Council Action
Date: January 2, 2019
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
Subject: 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.
Background
On December 27, 2018, the Mayor's Office requested that the City Manager's Office
add an agenda item related to the agreement with Westbound Communications.
This discussion item is intended to develop a better understanding of the services being
provided to the City and costs.
Discussion
Review and discuss the City’s agreement with Westbound Communications.
Fiscal Impact
There is no financial impact related to the update.
Conclusion
Receive oral report.
Attachments
None.
Ward:
12/28/2018 8:37 AM
21.a
Packet Pg. 317 Attachment: CM Communications Update.staff report 2019 (5905 : Communications Update)
Public Hearing
City of San Bernardino
Request for Council Action
Date: January 2, 2019
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Jeff Bloom, Interim Community Development Director
Oliver Mujica, Planning Division Manager
Chantal Power, Associate Planner
Subject: Development Permit Type-P 18-01 – Arrowhead Avenue
Adaptive Reuse
Recommendation
Adopt Resolution No. 2019-7 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.
Background
The proposed Arrowhead Avenue Adaptive Reuse project will be located on a site
currently occupied by a vacant two-story commercial office building located on the
northeast corner of N. Arrowhead Avenue and W. 16th Street. The existing condition of
the property makes it susceptible to becoming a public nuisance that may be caused by
vandalism or occupancy by homeless individuals. The proposed project will be
consistent with the surrounding neighborhood which is comprised of a mixture of single-
family and multi-family residential uses. The conversion of the office building to
residential use will be consistent with the City’s General Plan, comply with the City’s
Development Code, and will help the City in meeting its State mandated housing
requirements.
On March 21, 2018, the Mayor and City Council introduced an Ordinance amending
Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development
Code to add an Adaptive Reuse Overlay to allow the conversion of existing commercial
office buildings into residential complexes within specified areas. The Ordinance
became effective on May 4, 2018. Adaptive Reuse Overlay is a flag shaped overlay
12/28/2018 9:09 AM
22.a
Packet Pg. 318 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
bounded approximately by the south side of Highland Avenue on the north, the west
side of D Street on the west, east side of Waterman Avenue on the east, and the north
side of Baseline Street on the south.
The intent of the Adaptive Reuse Overlay is to allow for the reuse of existing buildings
within the City that have been underutilized. With advancements in digital technology
the need for traditional office space has become less desirable, and many office
buildings are now struggling to maintain occupancy. Allowing the reuse of underutilized
commercial office buildings within strategic areas will help revitalize areas of the City
that have become blighted from a lack of consistent use or occupancy and will assist in
meeting the City’s State mandated housing requirements. Adaptive Reuse projects are
permitted within the Adaptive Reuse (AR) Overlay subject to the approval of a
Development Permit application by the Mayor and City Council.
COMMUNITY MEETING: MAY 23, 2018
On May 23, 2018, a meeting was conducted on between City staff, members of the
development team, and residents of the surrounding neighborhood. The purpose of the
meeting was to discuss concerns that had been raised by the residents during the
Planning Commission meeting. The primary concerns were parking, density, crime rates
in the neighborhood, and property management.
Parking
During the Planning Commission public hearing there appeared to be
miscommunication regarding the number of parking spaces provided for the proposed
project. Under Development Permit Type-P 18-01, the proposed reuse project provides
twenty-five (25) parking spaces, which exceeds the eighteen (18) parking spaces
required pursuant to the newly adopted Adaptive Reuse standards. If this had been a
ground-up development project, a development of this size would require twenty-seven
(27) parking spaces, so the proposed twenty-five (25) are well within an acceptable
range required for the fifteen (15) units, twelve (12) of which are one (1) bedroom
apartments, and three (3) are two (2) bedroom apartments. In addition to the
clarification provided for the proposed number of parking spaces, the alleyway between
16th Street and 17th Street will be marked as a tow-away zone to prevent vehicles from
blocking access to the alley, as many of the residents use the alley for primary vehicular
access.
Density
There was some concern about the number of units because the density in this area is
already high, but this is not unusual given the locations proximity to the City center, and
the Transit District Overlay. Also, density is not necessarily a problem, but can become
one very quickly if property management is lacking. When higher densities are well
managed and well organized, they can contribute to a healthier, more sustainable City
and neighborhood, but if they are not well managed and organized, they can encourage
criminal and nuisance activities and negatively impact the health, safety and welfare of
the surrounding communities.
12/28/2018 9:09 AM
22.a
Packet Pg. 319 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
Neighborhood Crime Rates and Property Management
Crime rates in this neighborhood are already high, and there is an existing apartment
complex across the street that has been a source of criminal activity and other problems
in the area. Justifiably, the adjacent residents are concerned that another apartment
complex will only add to the problems and want some assurances that the project will
be properly managed, but there are limitations on what the City can require, and what
the property owner can require while processing rental agreements. For example, due
to Fair Housing regulations, criminal background checks cannot be conducted and the
property owner cannot legally set a limit on the number of occupants in a rental unit and
the City cannot condition the project for criminal background checks or establishing
occupant limits. However, the assurance that can be provided is based on the
investment that the developer is proposing. This developer has already invested a great
deal in the properties and has committed to investing above and beyond what would be
typical for the surrounding area. This will help attract a higher quality resident and will
ensure that if the property is sold, the next owner will want to protect the investment that
has been made.
In addition to the investments that the applicant has made and will continue to make on
the project, they have also agreed to the following conditions:
• Every six (6) months, over a period of two (2) years from the issuance of
the Certificate of Occupancy, the Planning Division shall conduct an
inspection of the property to ensure compliance with the Conditions of
Approval and the Crime- Free Rental Housing Program to the
satisfaction of the Community Development Director. In the event that
an unresolved issue continues to exist, the applicant shall submit an
application, and appropriate application fee, for reconsideration by the
Planning Commission.
• A Licensed, professional on-site manager is required for the life of any
residential uses at this location.
On June 12, 2018, the Planning Commission unanimously adopted Resolution No.
2018-027 forwarding a recommendation that the Mayor and City Council:
1. Approve a Categorical Exemption; and
2. Approve Development Permit Type-P 18-01, based on the Findings of Fact and
subject to the recommended Conditions of Approval.
On September 19, 2018, the Mayor and City Council heard the project, Development
Permit Type-P 18-01, and did not seem to have an objection to the proposed adaptive
reuse of the office building located 1600 N. Arrowhead Avenue. However, a member of
the public spoke on the item and challenged the CEQA exemption (Section 15301 for
Existing Facilities) that was used for the environmental determination. Legal counsel
suggested that the project should be exempt from CEQA review, but that Section 15332
12/28/2018 9:09 AM
22.a
Packet Pg. 320 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
for Infill Development Projects was more appropriate to use for this project. The item
was continued to a date undetermined. The Class 32 exemption requires analysis to
determine that the project would not cause significant impacts to traffic, noise, water
quality, or air quality. Due to the additional research and analysis required to support the
Class 32 exemption and scheduling conflicts, the project was not ready to be heard
again until December.
On December 19, 2018, the Mayor and City Council heard the item and moved to
continue the project to the meeting of January 2, 2019 to clarify the concerns of the
DMV Neighborhood Association and surrounding residents. Additional discussion about
resident concerns will be presented at the January 2, 2019 Mayor and City Council
meeting.
Project Description
Pursuant to the requirements of Chapter 19.19B (Adaptive Reuse Overlay District) and
Chapter 19.44 (Development Permits) of the City of San Bernardino Development
Code, the applicant is requesting the approval of Development Permit Type-P 18-01 to
allow:
1. The conversion of an existing two-story commercial office building containing
approximately 11,305 square feet into a residential apartment complex
comprised of fifteen (15) dwelling units.
The first floor of the proposed residential apartment complex contains a total of nine (9)
units, in which there will be two (2) 2-bedroom units and seven (7) 1-bedroom units.
The second floor contains the remaining six (6) units with one (1) 2-bedroom unit and
five (5) 1-bedroom units.
Site Design
The existing site will be modified to include additional landscaping and shared open
space for future residents. A trash enclosure will be modified to meet ADA accessibility
requirements. Additionally, a small equipment playground area is proposed to
accommodate residents with young children.
Architecture
The existing out dated architecture will be modernized by adding window frames and
shutters to incorporate residential character for the building. New paint and landscaping
will be added to refresh the building and enhance the overall project site.
Access, Circulation, and Traffic
The site will be accessed from one (1) two-way driveway fronting 16th Street and an
alley way fronting Arrowhead Avenue. The internal site circulation has been designed to
adequately accommodate on-site vehicular circulation and access to the off-street
parking areas. Designated “paths of travel” have also been provided to ensure
pedestrian safety. Finally, the City’s Traffic Engineering Division has determined that a
Traffic Analysis is not required for the proposed residential apartment complex.
12/28/2018 9:09 AM
22.a
Packet Pg. 321 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
Parking
A total of twenty-five (25) parking spaces will be provided which exceeds the eighteen
(18) parking spaces required pursuant to the newly adopted Adaptive Reuse standards.
It should be noted that the alleyway between 16th Street and 17th Street will be marked
as a “tow-away” zone to prevent vehicles from blocking access to the alley, as many of
the residents on 17th Street use the alley for primary vehicular access.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
development within the City, including the following:
• Land Use Element Policy 2.2.1 – Actively enforce development standards,
design guidelines, and policies to preserve and enhance the character of San
Bernardino’s neighborhoods.
• Land Use Element Goal 2.4 – Enhance the quality of life and economic vitality in
San Bernardino by strategic infill of new development and revitalization of
existing development.
• Land Use Element Policy 2.8.1 – Ensure that all structures comply with seismic
safety provisions and building codes.
• Housing Element Policy 3.1.1 – Provide adequate sites to accommodate the
production of a variety of housing types through land use designation, zoning,
specific plans, and overlay zones.
• Housing Element Policy 3.2.4 – Encourage and facilitate the rehabilitation and
reuse of distressed and abandoned properties.
• Housing Element Policy 3.4.1 – Provide regulatory environment in which
housing opportunities are available for all persons.
• Housing Element Policy 3.5.4 – Encourage and facilitate the construction,
maintenance, and preservation of a variety of housing types adequate to meet a
range of household needs.
• Housing Element Policy 3.6.2 – Facilitate housing development and
rehabilitation that conserve natural resources and minimize greenhouse gas
emissions.
• Community Design Element Policy 5.6.4 – Provide usable common space
amenities. Common open space should be centrally located and contain
amenities such as seating, shade and play equipment. Private open space may
include courtyards, balconies, patios, terraces, and enclosed play areas.
• Community Design Element Policy 5.6.5 – Provide convenient access from
multi-family development to nearby commercial centers, schools, and transit
stops.
• Safety Element Policy 10.5.4 – Require new development and significant
redevelopment to utilize site preparation, grading and foundation designs that
provide erosion control to prevent sedimentation and contamination of
waterways.
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With respect to the proposal, the applicant will develop the subject property in a manner
that will enhance the physical and visual qualities of the subject property, thereby
enhancing the aesthetics of the surrounding neighborhood. Through this proposal, the
existing property will be transformed from an underutilized site into a development that
meets the City’s housing needs, while satisfying the Development Code and General
Plan requirements and will be adequately regulated through the Conditions of Approval
in order to minimize potential impacts. Additionally, the City will be able to meet the
General Plan goals as listed above, and the requirements of Development Code
Chapter 19.19B (Adaptive Reuse Overlay).
California Environmental Quality Act (CEQA)
The Planning Division conducted an environmental evaluation in connection with the
proposed project and concluded that Development Permit Type-P 18-01 is found
exempt under Section 15332 (Infill Development Projects) of CEQA. Section 15332
covers projects characterized as small developments surrounded by urban uses
meeting the conditions contained within Section 15332. Development Permit Type-P 18-
01 has been found to be Categorically Exempt from CEQA pursuant to Section 15332 of
the CEQA Guidelines due to the fact that: a) the project is consistent with the applicable
general plan designation and all applicable general plan policies, as well as with the
applicable zoning designation and regulations; b) the proposed development occurs
within city limits on a project site of no more than five acres substantially surrounded by
urban uses; c) the project site has no value as habitat for endangered, rare or
threatened species; d) approval of the project would not result in any significant effects
of relating to traffic, noise, air quality, or water quality; and, e) the site can be served by
all required utilities and public services (Attachment 4).
2018-2019 Goals and Objectives
The proposed Arrowhead Avenue Adaptive Reuse project aligns with Goal No.
4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. The
proposed fifteen (15) unit apartment complex will help the City meet its State mandated
housing requirements, will be consistent with the surrounding multi-family and single-
family residential uses, and provides for market rate housing stock that is affordable and
currently underserved, specifically housing for single individuals, married couples,
young families, and retired individuals who are no longer raising a family.
Fiscal Impacts
A Pro Forma analysis was prepared by the applicant for the proposed project, pursuant
to the requirements of the Adaptive Reuse Overlay. Approximately $1.2 million dollars
will be invested for property upgrades and the improvements necessary to convert the
fifteen (15) office units into fifteen (15) residential units. The projected yearly income for
the project is $181,800. After adjusting for a manager credit of $600 per month, or
$7,200 per year, a projected 8% vacancy totaled at a loss of $14,544 yearly, and
average annual expenses totaling $121,831 which include $12,179 in annual property
taxes, the project is expected to capture a yearly positive cash flow of $45,425
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Packet Pg. 323 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
(Attachment 5). This money would be captured by the developer/property owner, rather
than by the City.
The subject property has languished from lack of use for at least the past fifteen (15)
years in that only nine (9) of the existing fifteen (15) office units have had an active
Business License within that timeframe (Attachment 6). Of those Business Licenses,
only two have been active for more than one year, and as Business Licenses are issued
for a one year period, it is difficult to determine whether those businesses were ever
operational. At this time, there is only one active Business License which has been
active since 2016. However, this business has not actually operated since it was
purchased in October 2017.
In addition to the lack of use as a commercial office site, the property had an
unpermitted marijuana dispensary in 2012 that resulted in a yearlong Code
Enforcement case involving several inspections, reports, and hearings, which required
many hours of input from City staff (Attachment 5). There have also been several Police
incidents at this location due to the lack of occupancy (Attachment 6).
According to real estate listings for offices in about a mile radius of the project site, the
average lease price is about $1.00 to $1.25 per square foot monthly. At a total of 11,305
square feet, at full capacity, this office could expect a yearly income of about $135,660
to $169,575. Adjusting for similar yearly expenses, but not adjusting for potential
vacancy, the use of this building as office space could generate a yearly positive cash
flow of about $13,829 to $47,744 based on the average per square foot lease price for
office buildings within this area of the City. Given the lack of business activity at this
location over the past fifteen (15) years, a full capacity scenario like this is extremely
unlikely to occur, and a more realistic scenario would be a loss of revenue for both the
property owner and the City if the primary use remains commercial office. Little to no
sales tax would be generated at this location as the Commercial Office (CO) only allows
limited retail uses such as flower shops and medical supply stores that are intended to
be supporting retail to medical offices, and the demand for these retail uses is very low.
Development impact fees associated with the project will be approximately $120,000.
City services will be provided to this project similar to other multi-family residential
projects in the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-7,
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.
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Packet Pg. 324 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
Attachments
Attachment 1 Resolution
Attachment 2 Planning Commission Resolution No. 2018-027
Attachment 3 Planning Commission Staff Report dated June 12, 2018
Attachment 4 CEQA Exemption Analysis
Attachment 5 Project Pro Forma
Attachment 6 15 year Business License history
Attachment 7 6 year Code Enforcement history
Attachment 8 2 year Police service call history
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Packet Pg. 325 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Report (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive
Resolution No. 2019-7
RESOLUTION NO. 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
COMMERCIAL OFFICE BUILDING CONTAINING
APPROXIMATELY 11,305 SQUARE FEET INTO A
RESIDENTIAL APARTMENT COMPLEX COMPRISED OF
FIFTEEN (15) DWELLING UNITS ON A PARCEL
CONTAINING APPROXIMATELY 0.52 ACRES LOCATED
AT 1600 N. ARROWHEAD AVENUE (APNS: 0145-132-27)
WITHIN THE COMMERCIAL OFFICE (CO) ZONE AND
ADAPTIVE REUSE (AR) OVERLAY; AND, FINDING THE
PROJECT SUBJECT TO A CATEGORICAL EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, on January 24, 2018, pursuant to the requirements of Chapter 19.42 and
Chapter 19.44 of the City of San Bernardino Development Code, an application for Development
Permit Type-P 18-01 was duly submitted by:
Property Owner/Applicant: Ocean Investment Group, LLC
P.O. Box 1073
San Clemente, CA 92674
Parcel Address: 1600 N. Arrowhead Avenue
APN: 0145-132-27
Lot Area: 0.52 acres
WHEREAS, Development Permit Type-P 18-01 is a request to allow the conversion of
an existing commercial office building containing approximately 11,305 square feet into a
residential apartment complex comprised of fifteen (15) dwelling units, along with the
construction of the required on-site and off-site improvements, on a parcel containing
approximately 0.52 acres; and
WHEREAS, the Planning Division of the Community Development Department has
reviewed Development Permit Type-P 18-01 for consistency with the City of San Bernardino
General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development Department has evaluated
Development Permit Type-P 18-01 and determined that it is exempt from CEQA pursuant to a
Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300)
and the application of that Categorical Exemption is not barred by one of the exemptions set
forth in CEQA Guidelines Section 15300.2; and
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Packet Pg. 326 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
WHEREAS, on April 25, 2018, pursuant to the requirements of Chapter 19.44 of the
City of San Bernardino Development Code, the Development and Environmental Review
Committee reviewed the application, and moved Development Permit Type-P 18-01 and
Categorical Exemption to the Planning Commission for consideration; and
WHEREAS, on April 27, 2018, pursuant to the requirements Section 19.52.020 of the
City of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by
mailing notices to the property owners within 500 feet of the subject property of the holding of a
public hearing at which Development Permit Type-P 18-01 and Categorical Exemption would be
considered; and
WHEREAS, on May 8, 2018, pursuant to the requirements of Section 19.52.040 of the
City of San Bernardino Development Code, the Planning Commission held the duly noticed
public hearing at which interested persons had an opportunity to testify in support of, or
opposition to Development Permit Type-P 18 -01 and Categorical Exemption, and at which
meeting the Planning Commission continued the consideration on Development Permit Type-P
18-01 and the Categorical Exemption to their next regularly scheduled meeting on June 12,
2018; and
WHEREAS, on June 12, 2018, pursuant to the requirements of Section 19.52.040 of the
City of San Bernardino Development Code, the Planning Commission held the duly continued
public hearing at which interested persons had an opportunity to testify in support of, or
opposition to Development Permit Type-P 18 -01 and Categorical Exemption, and at which
meeting the Planning Commission considered Development Permit Type-P 18 -01 and
Categorical Exemption; and
WHEREAS, after closing said public hearing, the Planning Commission adopted
Resolution No. 2018-027 recommending to the Mayor and City Council the approval of
Development Permit Type-P 18-01 and Categorical Exemption; and
WHEREAS, notice of the December 7, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
December 19, 2018, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52.
WHEREAS, on December 19, 2018 the Mayor and City Council continued the
consideration of Development Permit Type-P 18-01 and the Categorical Exemption to their next
regularly scheduled meeting on January 2, 2019; and
WHEREAS, pursuant to the requirements of Chapter 19.44 and Chapter 19.52 of the
City of San Bernardino Development Code, the Mayor and City Council has the authority to take
action on Development Permit Type-P 18-01.
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Packet Pg. 327 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Findings of Fact – Development Permit Type-P 18-01
Finding No. 1: The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact: The proposed development is located within the Adaptive Reuse (AR)
Overlay, which allows for the conversion of office buildings for
residential purposes, and Conditions of Approval will be applied to the
proposed project to ensure that the project will meet the necessary
development standards and design guidelines.
Finding No. 2: The proposed development is consistent with the General Plan.
Finding of Fact: General Plan Land Use Element Goal 2.4 – “Enhance the quality of life
and economic vitality in San Bernardino by strategic infill of new
development and revitalization of existing development.”
General Plan Housing Element Policy 3.1.1 – “Provide adequate sites to
accommodate the production of a variety of housing types through land
use designation, zoning, specific plans, and overlay zones.”
General Plan Housing Element Policy 3.2.4 – “Encourage and facilitate
the rehabilitation and reuse of distressed and abandoned properties.”
General Plan Housing Element Policy 3.5.4 – “Encourage and facilitate
the construction, maintenance, and preservation of a variety of housing
types adequate to meet a range of household needs.”
General Plan Housing Element Policy 3.6.2 – “Facilitate housing
development and rehabilitation that conserve natural resources and
minimize greenhouse gas emissions.”
General Plan Community Design Element Policy 5.6.4 – “Provide usable
common space amenities. Common open space should be centrally located
and contain amenities such as seating, shade and play equipment. Private
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open space may include courtyards, balconies, patios, terraces, and
enclosed play areas.”
General Plan Community Design Element Policy 5.6.5 – “Provide
convenient access from multi-family development to nearby commercial
centers, schools, and transit stops.”
General Plan Safety Element Policy 10.5.4 – “Require new development
and significant redevelopment to utilize site preparation, grading and
foundation designs that provide erosion control to prevent sedimentation
and contamination of waterways.”
The proposed project is located near commercial centers, schools, and
transit stops, will reduce greenhouse gas emissions associated with new
development, will increase the housing stock and provide a an additional
housing type, and allow for the revitalization and reuse of a building that
has been vacant for approximately five (5) years. Therefore, the proposed
project is consistent with the General plan.
Finding No. 3: The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact: The proposed project is located within a mix of existing multi-family and
single-family developments and will be harmonious and compatible with
those uses and the surrounding area.
Finding No. 4: The approval of the Administrative or Development Permit for the
proposed development is in compliance with the requirements of the
California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
Finding of Fact: In accordance with Section 15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development
Department evaluated Development Permit Type-P 18-01 for the
conversion of an existing office building to a fifteen (15) unit apartment
complex. The Planning Division staff has analyzed proposed Development
Permit Type-P 18-01 and has determined that it is Categorically Exempt
from CEQA pursuant to Section 15301 of the CEQA Guidelines and
Conditions of Approval will be imposed to alleviate potential impacts.
Therefore, the proposed project is in compliance with the requirements of
the California Environmental Quality Act (CEQA) and Section 19.20.030
of the Development Code.
Finding No. 5: There will be no potential significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
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Finding of Fact: In accordance with Section 15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development
Department evaluated Development Permit Type-P 18-01 for the
development of a conversion of an existing office building to a fifteen (15)
unit apartment complex and determined that the proposed project is
Categorically Exempt from CEQA pursuant to Section 15301 of the
CEQA Guidelines. Additionally, Conditions of Approval will be imposed
to alleviate potential impacts. Therefore, the proposed conversion of an
existing office building to a fifteen (15) unit apartment complex will be
completed in a manner so that it is consistent with the surrounding
neighborhood, and no significant negative impacts on the environment are
anticipated.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The proposed development of a conversion of an existing office building
to a fifteen (15) unit apartment complex will be converted in a manner
consistent with the standards and guidelines contained in the Adaptive
Reuse (AR) Overlay Chapter of the City of San Bernardino Development
Code and will be consistent with the density and intensity and the
surrounding neighborhood and is therefore, suitable for the type and
density/intensity of uses being proposed.
Finding No. 7: There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not be
detrimental to public health and safety.
Finding of Fact: There are adequate provisions for public access, public utilities, and public
services for the proposed development of a mixed use commercial-
residential development. The existing building is already served by
existing public streets and a full range of public utilities and services. All
applicable Codes will apply to the proposed development. Therefore,
subject to the Conditions of Approval, the proposed conversion of an
existing office building to a fifteen (15) unit apartment complex under
Development Permit Type-P 18-01 will not be detrimental to public
services or public health and safety.
Finding No. 8: The location, size, design, and operating characteristics of the proposed
development would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
Finding of Fact: The proposed project will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City or the surrounding area as it is
located adjacent to mix of existing multi-family and single-family
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developments, several schools, transit stops, and commercial centers, and
will increase the City’s housing stock while decreasing the amount of
greenhouse gas emissions that would typically be generated by new
development projects. The proposed project will also revitalize and
reoccupy a building that has been vacant for approximately five (5) years.
SECTION 3. Compliance with the California Environmental Quality Act. As the decision
making body for Development Permit Type-D 18-01, the Planning Commission has reviewed
and considered the information contained in the administrative record for Development Permit
Type-D 18-01. Based upon the facts and information contained in the administrative record,
including all written and oral evidence presented to the Planning Commission, the Planning
Commission finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the
State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
(2) The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of
the CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the
exceptions set forth in CEQA Guidelines Section 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
SECTION 4. Notice of Exemption. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Exemption with the County Clerk
of the County of San Bernardino within five (5) working days of final project approval certifying
the City’s compliance with the California Environmental Quality Act in adopting the Categorical
Exemptions.
SECTION 5. – Conditions of Approval. Development Permit Type-P 18-01 is hereby
approved subject to the following Conditions of Approval:
1. This approval is to allow the conversion of an existing commercial office building into a
residential apartment complex containing approximately 11,305 square feet comprised of
fifteen (15) dwelling units, along with the construction of the required on-site and off-site
improvements, on a parcel containing approximately 0.52 acres located at 1600 N.
Arrowhead Avenue (APNs: 0145-132-27) within the Commercial Office (CO) Zone and
the Adaptive Reuse (AR) Overlay.
2. The project site shall be developed in a manner consistent with the plans stamped
September 19, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan,
floor plans and exterior elevations on file in the Planning Division; the Conditions of
Approval contained herein; and, the City’s Municipal Code regulations.
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3. Within two (2) years of the Development Permit approval, commencement of
construction shall have occurred or the permit/approval shall become null and void. In
addition, if after commencement of construction, work is discontinued for a period of one
year, then the permit/approval shall become null and void. However, approval of the
Development Permit does not authorize commencement of construction. All necessary
permits must be obtained prior to commencement of specified construction activities
included in the Conditions of Approval.
EXPIRATION DATE: January 2, 2021
4. The review authority may grant a time extension, for good cause, not to exceed twelve
(12) months. The applicant must file an application, the processing fees, and all required
submittal items, thirty (30) days prior to the expiration date. The review authority shall
ensure that the project complies with all Development Code provisions in effect at the
time of the requested extension.
5. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from any
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys’ fees which the City may
be required by a court to pay as a result of such action, but such participation shall not
relieve applicant of his or her obligation under this condition. The costs, salaries, and
expenses of the City Attorney and employees of his office shall be considered as
“Attorney’s fees” for the purpose of this condition. As part of the consideration for
issuing this Development Permit, this condition shall remain in effect if the Development
Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
6. Every six (6) months, over a period of two (2) years from the issuance of the Certificate
of Occupancy, the Planning Division shall conduct an inspection of the property to ensure
compliance with the Conditions of Approval and the Crime-Free Rental Housing
Program to the satisfaction of the Community Development Director. In the event that an
unresolved issue continues to exist, the applicant shall submit an application, and
appropriate application fee, for reconsideration by the Planning Commission.
7. The property must comply with all conditions of approval and the Crime-Free Rental
Housing Program pursuant to the City of San Bernardino Municipal Code §15.27 (Crime-
Free Rental Housing Program).
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8. At least two 24-hour time lapse security cameras shall be installed and properly
maintained on the exterior of the building at locations recommended by the Police
Department. All criminal and suspicious activities recorded on this surveillance
equipment must be reported to local law enforcement. To the extent allowed by law, the
establishment operators may be required to provide any tapes or other recording media
from the security cameras to the Police Department.
9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.
No construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities
may only occur Monday through Friday.
10. If the colors of the buildings or other exterior finish materials are to be modified beyond
the current proposal and improvement requirements, the revised color scheme and/or
finish materials shall be reviewed and approved by the Planning Division prior to
commencement of work.
11. The project landscape plans shall be prepared in accordance with Development Code
Section 19.28.120, Water Efficient Landscaping Standards.
12. The project shall comply with all applicable requirements of the Building and Safety
Division, the San Bernardino County Consolidated Fire District, Police Department,
Municipal Water Department, Public Services Department and the City Clerk’s
Office/Business Registration Division.
13. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, and
California Board of Equalization), as applicable.
14. The facility operator and property owner shall be responsible for regular maintenance of
the project site. The site shall be maintained in a clean condition and free of litter and any
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed
and cleaned up within 24 hours of being reported.
15. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval
for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs
are prohibited unless a Temporary Sign Permit is obtained.
16. All exterior lighting shall be energy efficient with the option to lower or reduce usage
when the facility is closed.
17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to
Building Plan Check and/or Land Development must include all Conditions of Approval
issued with this approval, printed on the plan sheets.
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18. All Conditions of Approval and Standard Requirements shall be implemented and/or
completed prior to final inspection and/or issuance of a Certificate of Occupancy.
Land Development Division
19. Drainage and Flood Control
a) The development is located within Zone X of the Federal Insurance Rate Maps on
booklet #7945 with year 08/28/2008.
b) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements shall be
provided to the satisfaction of the City Engineer.
c) If site drainage is to be outlet into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
d) The Land Development Division, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due to water
and wind, including blowing dust, during all phases of construction, including
graded areas which are not proposed to be immediately built upon.
20. Grading and Landscaping
e) The on-site improvement plan shall be signed by a Registered Civil Engineer. The
on-site plan shall be prepared in strict accordance with the City's "Grading
Policies and Procedures" and the City's "Standard Drawings", unless otherwise
approved by the Building Official.
f) Wheel stops are not permitted by the Development Code, except at designated
accessible parking spaces. Therefore, continuous 6” high curb shall be used
around planter areas and areas where head in parking is adjacent to walkways.
The parking spaces may be 16.5’ deep and may overhang the landscaping or
walkway by 2.5’. Overhang into the setback area or into an ADA path of travel
(minimum 4’ wide) is not permitted.
g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
provided at least 3 feet from any wall, fence, property line, walkway, or structure
where parking and/or drive aisles are located adjacent thereto. Curbing may be
left out at structure access points. The space between the curb and wall, fence,
property line, walkway or structure shall be landscaped, except as allowed by the
Development Review Committee.
h) The refuse enclosure(s) shall be constructed in accordance with City Standard
Drawing No. 508 with an accessible path of travel with modification to provide
ADA access (For Housing Unit or Apt). The minimum size of the refuse
enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure
is proposed to be constructed adjacent to spaces for parking passenger vehicles, a
3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure
from the adjacent parking. The placement of the enclosure and design of the
planter shall preclude the enclosure doors from opening into drive aisles or
impacting against adjacent parked cars.
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i) Retaining walls, block walls and all on-site fencing shall be designed and detailed
on the on-site improvement Plan. This work shall be part of the on-site
improvement permit issued by the Building Official. All masonry walls shall be
constructed of decorative block with architectural features acceptable to the City
Planner.
j) No construction on a site shall begin before a temporary/security fence is in place
and approved by the Building Official or his designee. Temporary/security
fencing may not be removed until approved by the Building Official or his
designee. The owner or owner’s agent shall immediately remove the
temporary/security fencing upon the approval of the Building Official or his
designee. Sites that contain multiple buildings shall maintain the
temporary/security fencing around the portion of the site and buildings under
construction as determined by the Building Official or his designee. All
temporary/security fencing for construction sites shall include screening,
emergency identification and safety identification and shall be kept in neat and
undamaged condition.
k) The on-site improvement plan shall include details of on-site lighting, including
light location, type of poles and fixtures, foundation design with structural
calculations, conduit location, material and size, and Photometric plot shall be
provided which show that the proposed on-site lighting design will provide:
• 1 foot-candle of illumination uniformly distributed over the surface of the
parking lot during hours of operation, and
• 0.25 foot-candles security lighting during all other hours.
l) The design of on-site improvements shall also comply with all requirements of
The California Building Code, Title 24, relating to accessible parking and
accessibility, including retrofitting of existing building access points for
accessibility, if applicable.
m) An accessible path of travel shall be provided from the public way to the building
entrance. All pathways shall be paved and shall provide a minimum clear width
of 4 feet. Where parking overhangs the pathway, the minimum paved width shall
be 6.5 feet.
n) Where an accessible path of travel crosses drive aisles, it shall be delineated by
textured/colored concrete pavement or pavement marking.
o) The project Landscape Plan shall be reviewed and approved by the Land
Development Division prior to issuance of a grading permit. Submit 3 copies to
the Land Development Division for Checking.
p) The public right-of-way, between the property line and top of curb (also known as
“parkway”) along adjoining streets shall be landscaped by the developer and
maintained in perpetuity by the property owner. Details of the parkway
landscaping shall be included in the project’s on-site landscape plan, unless the
parkway area is included in a Landscape and Lighting Maintenance District, in
which case, a separate landscape plan shall be provided.
21. Utilities
q) Design and construct all public utilities to serve the site in accordance with City
Code, City Standards and requirements of the serving utility, including gas,
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Packet Pg. 335 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
electric, telephone, water, sewer and cable TV (Cable TV optional for
commercial, industrial, or institutional uses).
r) The project site shall be provided with separate water and sewer facilities so the
City or the agency providing such services in the area can serve it.
s) Backflow preventers shall be installed for any building with the finished floor
elevation below the rim elevation of the nearest upstream manhole.
t) Utility services shall be placed underground and easements provided as required.
u) Existing Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer, except overhead lines, if
required by provisions of the Development Code to be undergrounded. See
Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions).
Public Works Department
22. Street Improvement and Dedications (if required, a Traffic Report may increase and
extend these requirements)
v) For the streets listed below, dedication of adequate street right-of-way (R.W.) per
the General Plan and Municipal Code shall provide the distance from street
centerline to property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows:
Street Name Right of Way(ft.) Curb Line(ft)
Arrowhead Avenue
(145-132-27)
41.25 Existing
(2.75’ Future dedication
for a 44’ from centerline)
Because of existing fences.
33’ Existing at ultimate
16th Street
(145-132-27)
40’ No Dedication
at ultimate
25’ Existing at ultimate
w) Arrowhead Avenue:
i) The street shall be rehabilitated to meet the requirements detailed in a soils
report based on the “R” value of the subgrade and the traffic Index. The
City’s has a minimum of 2” Grind and Overlay; However the Soils Report
may indicate a thicker or different improvement.
ii) The Alley shall be paved from Arrowhead Avenue to west end of parking
lot, and shall be designed on the “R” value of the subgrade as determined
by soils testing and the traffic Index. The City’s has a minimum of 2”
Grind and Overlay; However the Soils Report may indicate a thicker or
different improvement.
iii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the
site are in poor condition or do not comply with ADA Requirements, the
curb & gutter, sidewalk, and/or driveway shall be removed and
reconstructed in accordance to City Standards.
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Packet Pg. 336 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
iv) An ADA Ramp shall be constructed at corner in accordance with the
SPPWC (Standard Plans for Public Works Construction) or Caltrans
Standard plans A88.
v) Street Light System shall be replaced in accordance with City Standard
Nos. SL-1, SL-2, and SL-3. (change to LED Head)
x) 16th Street:
i) The street shall be rehabilitated to meet the requirements detailed in a soils
report based on the “R” value of the subgrade and the traffic Index. The
City’s has a minimum of 2” Grind and Overlay; However the Soils Report
may indicate a thicker or different improvement.
ii) If the existing curb & gutter, sidewalk, and/or Driveway adjacent to the
site are in poor condition or do not comply with ADA Requirements, the
curb & gutter, sidewalk, and/or driveway shall be removed and
reconstructed in accordance to City Standards.
y) An encroachment permit from Public Works Department shall be required for
utility cuts into existing streets or any work within City’s right-of-way. Pavement
restoration or trench repair shall be in conformance with City Standard No. 310.
Public facilities shall be restored or constructed back to Public Works Department
satisfaction.
z) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
aa) The applicant must post a performance bond prior to issuance of the off-site
permit. The amount of the bond is to be determined by Public Works Department.
23. Required Engineering Plans
bb) A complete submittal for plan checking shall consist of:
street improvement plans (may include street lights or street lighting may be
separate plan),
sewer plans (Private sewers may be shown on on-site improvement plan;
public sewers must be on a separate plan with profile submitted to SBMWD),
storm drain plans (Private storm drains may be shown on on-site improvement
plans; public storm drains must be on a separate plan with profile),
traffic signal plans (if needed),
signing and striping plan (may be on sheets included in street improvement
plan),
lighting (on-site lighting may be included in on-site improvement plan or may
be on a separate stand-alone plan),
grading (may be incorporated with on-site improvement plan),
on-site improvement plans and on-site landscaping and irrigation,
water plans (shall be submitted to San Bernardino Municipal Water
Department),
other plans as required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
All required supporting calculations, studies and reports must be included in
the initial submittal (including but not limited to drainage studies, soils
reports, structural calculations)
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Packet Pg. 337 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
cc) All off-site improvement plans submitted for plan check shall be prepared on the
City’s standard 24” x 36” sheets. A signature block satisfactory to the City
Engineer or his designee shall be provided. Conditions of the project shall be
inserted in the plans.
dd) After completion of plan checking, final mylar drawings, stamped and signed by
the Registered Civil Engineer in charge, shall be submitted to the City Engineer
and/or Building Official for approval.
ee) Copies of the City’s design policies and procedures and standard drawings are
available at the Public Works Counter for the cost of reproduction. They are also
available at no charge at the Public Works Web Site at http://www.sbcity.org
24. Required Engineering Permits
ff) Grading permit.
gg) On-site improvements construction permit (except buildings - see Development
Services-Building Division), including landscaping.
hh) Off-site improvement construction permit.
25. Applicable Engineering Fees
ii) All plan check, permit, inspection, and impact fees are outlined on the Public
Works Fee Schedule. A deposit in the amount of 100% of the estimated
checking fee for each set of plans will be required at time of application for plan
check. The amount of the fee is subject to adjustment if the construction cost
estimate varies more than 10% from the estimate submitted with the application
for plan checking.
jj) The current fee schedule is available at the Public Works Counter and at
http://www.sbcity.org
26. Traffic Requirements
kk) All Traffic mitigation measures shall be implemented according to the
recommendations of the City Traffic Engineer prior to Street Improvement plan
approval.
Building and Safety Division
27. Refer to Section 105 Permits for all required permits of the California Building Code
2016.
28. Address the requirements of the California Green Code 2016 for all debris, and check the
VOC forms per code.
29. Check Chapter 3 of the California Building Code for the Occupancy Requirements and
Chapter 4 for the Special Use Requirements.
30. The formal submittal of plans to the Building Department shall include all required
documents.
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Packet Pg. 338 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
31. Building plans shall be submitted separately to the Building & Safety Division, and the
San Bernardino County Consolidated Fire District. Plans must illustrate the location of all
existing hydrants.
32. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements.
33. A Soil Report will be requested at the time of submittal.
San Bernardino County Consolidated Fire District
34. The plans shall comply with all current Building, Fire Codes and Fire Department
standard requirements based on occupancy classification.
35. Any changes to this proposal shall require new Fire Department condition letter.
36. Any changes to the approved life safety system shall require plans to be submitted to the
FD prior to construction including the following; (Fire Sprinklers, Fire Alarms,
Underground water supply for fire protection, Cooking appliances & Hood protections).
37. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be
submitted to the FD prior to construction. PER CFC 903.2.1.1
38. Knox Box/Key Box is required, and shall be provided and installed in accordance with
CFC & Fire Department Standard.
39. Required fire flow for this project shall meet the minimum requirements established in
the California Fire Code.
40. Provide a complete on-site fire protection plan to the FD which indicates the location of
all required fire protection appliances (FDC’s, PIV’s, DDC’s, proposed and existing fire
hydrants, etc.).
41. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and
property. Walk-thru gates will be required on Arrowhead Avenue to ensure Fire
Department access if property is fenced.
42. All access gates shall require mechanical means for opening in event of power failure,
shall not impinge on required clear width when fully open, and shall be equipped with
Knox Box lock actuation devices.
43. Provide the following FD notes on the site utility plan:
• A separate permit is required by the Fire Department for installation of on-site
water systems. No work may begin until the permit has been obtained. A permit
application may be obtained from Fire Prevention.
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Packet Pg. 339 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7 • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to
the hydrants per Fire Department Standard. • Paint curbs red, 15’ to either side of fire hydrant and FDC. • Fire Department Connection required within 50 feet of a hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the
fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet
for commercial and 500 for residential areas.
44. Premise and building identification and addressing shall be a minimum of 12 inch in
height. Single-family home addresses shall be a minimum of 4 inches in height and shall
be internally illuminated during the hours of darkness.
45. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered
buildings requires a separate submittal to the San Bernardino County Consolidated Fire
District.
46. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing
and size.
47. All exiting shall comply with the California Fire Code and Building Code for travel
distance, lineal feet, and width.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
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Packet Pg. 340 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 341 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
Resolution No. 2019-7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 342 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
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Packet Pg. 343 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A1.Resolution.Exhibit A (5906 : Development Permit Type-P 18-01 – Arrowhead
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Packet Pg. 347 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A2.PC Resolution (5906 : Development Permit Type-P 18-01 – Arrowhead
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Packet Pg. 406 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A4.CEQA Exemption Analysis (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 417 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A5.Pro Forma (5906 : Development Permit Type-P 18-01 – Arrowhead Avenue
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Packet Pg. 419 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 422 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 423 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 424 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 425 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 426 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 427 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 428 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 429 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 430 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A6.15yr Business License History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 431 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A7.6yr Code Enforcement History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 432 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A7.6yr Code Enforcement History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 433 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A7.6yr Code Enforcement History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 434 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A7.6yr Code Enforcement History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 435 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A7.6yr Code Enforcement History (5906 : Development Permit Type-P 18-01 –
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Packet Pg. 436 Attachment: CD.DPP18-01.Arrowhead Avenue Adaptive Reuse.A8.2yr Police History at site (5906 : Development Permit Type-P 18-01 –