HomeMy WebLinkAbout02-20-2019 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, FEBRUARY 20, 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 Bernardin o.
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 February 20, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 2/15/2019
o
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Vacant
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. No member of the public shall
be permitted to “share” his/her three minutes with any other member of the public.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12 -bk-28006 MJ
County of San Bernardino v. High Desert Partnership in Academic Excellence
Foundation, Inc., San Bernardino Superior Court, Fontana District, Case No.
UDFS 1800988
Redevelopment Agency of the City of San Bernardino v. DMC Investment
Holdings, LLC, et al., Los Angeles County Superior Court Ca se No. BC465755
Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County
Superior Court Case No. 468955
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957(b(1)):
City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation – Government Code Section 54956.9(d)(2):
Two Cases
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 2/15/2019
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. City Attorney Update on Bankruptcy Process
2. San Bernardino County Transportation Authority
3. Citizen of the Month – Luis Ojeda, President of San Bernardino Volunteers
“We Are The Change” – Council Member Henry Nickel
4. Student of the Month – Sarai Hernandez, Arroyo Valley High School –
Council Member Bessine Richard
5. Recognition of Black History Month – Mayor John Valdivia
6. Chamber of Commerce & Local Elected Officials Announcements
APPOINTMENTS
7. Public Safety and Human Relations Commission Appointment
Recommendation: Approve the appointment of Ms. Maria I. Lanas to the
Public Safety and Human Relations Commission.
8. Measure “Z” Citizens Oversight Committee Appointment
Recommendation: Approve the appointment of Venus L. Williams to the
Measure “Z” Citizens Oversight Committee.
9. Measure “Z” Citizens Oversight Committee Appointment
Recommendation: Approve the appointment of Karina G. Cornejo to the
Measure “Z” Citizens Oversight Committee.
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.
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 2/15/2019
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.
10. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated February 20, 2019.
11. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
January 2019.
12. October, November, and December 2018 City Board, Commission, and
Citizen Advisory Committee Approved Minutes
Recommendation: Receive and file the minutes from the City Board,
Commission, and Citizen Advisory Committee
meetings approved in November and December
2018.
13. Legislative Branch Staffing - Offices of the Mayor and City Council
Recommendation: Adopt Resolution No. 2019-24 of the Mayor and City
Council of the City of San Bernardino, California,
reclassifying positions with the Office of the Mayor
and City Council; establishing, amending and
approving classifications and job descriptions; and
amending the FY 2018/19 budget to reflect these
actions.
14. Resolution Authorizing Change Order No. 1 To Tryco General Engineering
for "I" Street Repair
Recommendation: Adopt Resolution No. 2019-25 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing and directing the City Manager to execute
Change Order No. 1 to the Construction Contract with
Tryco General Engineering for "I" Street Repair; and
authorizing the Director of Finance to increase the
amount in Purchase Order No. 2019-765 by $53,520
for a total amount not to exceed $86, 188.
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 2/15/2019
15. Reject Bids for Waterman & Baseline Box Culvert Repair and Rancho &
Rialto Storm Drain Improvements
Recommendation: Adopt Resolution No. 2019-26 of the Mayor and City
Council of the City of San Bernardino, California,
rejecting the bids for the Waterman & Baseline Box
Culvert Repair and Rancho & Rialto Storm Drain
Improvements.
16. Amendment to Section 1 of Resolution 2010-235 Construction and
Demolition Recycling Program Parameters
Recommendation: Adopt Resolution No. 2019-27 of the Mayor and City
Council of the City of San Bernardino, California,
amending Section 1 of Resolution No. 2010-325
Construction and Demolition Recycling Program in
order to increase Minimum Diversion requirement set
by California Green Building Standards Code
(CalGreen).
17. Establish the Basic Compensation Plan for Temporary/PartTime and
Seasonal Employees of the City of San Bernardino; and Repeal Resolution
No. 2018-135
Recommendation: Adopt Resolution No. 2019-28 of the Mayor and City
Council of the City of San Bernardino, California,
establishing a basic compensation plan for
temporary/part-time and seasonal employees of the
City of San Bernardino and repealing Resolution No.
2018-135.
18. Request to Terminate Marketing Agreement with Five Bars LLC
Recommendation: Authorize the City Manager or designee to terminate
the agreement with Five Bars LLC for marketing of
telecommunication sites.
STAFF REPORTS
19. Presentation of California Integrated Waste Management Act of 1989 (AB
939) and current status of solid waste regulatory and programmatic
requirements
Recommendation: Review, discuss, and provide direction concerning the
State of California's current status of solid waste
regulatory and programmatic requirements and next
steps for ensuring compliance with the Mandatory
Commercial Recycling (MCR) requirements.
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 2/15/2019
20. 33rd Annual Land Use Law & Planning Conference Update – January 18, 2019
Recommendation: Receive an oral report by Council Member Jim
Mulvihill.
21. League of California Cities 2019 Policy Committee Update
Recommendation: Receive an oral report by Council Member Nickel.
22. The United States Conference of Mayors – 87th Winter Meeting Update –
January 23-25, 2019
Recommendation: Receive an oral report by Mayor Valdivia.
23. Community Oriented Policing and Problem Solving (COPPS) Philosophy
Recommendation: Adopt Resolution No. 2019-29 of the Mayor and City
Council of the City of San Bernardino, California,
adopting the Community Oriented Policing and
Problem Solving (COPPS) philosophy and move
forward with a plan implementation analysis to be
presented at a future Council date.
24. Adopt a Resolution Authorizing the Establishment of Guidelines for the
Issuance of Temporary Cannabis Special Event Permits in Accordance with
Chapter 5.10 of the San Bernardino Municipal Code
Recommendation: Adopt Resolution No. 2019-30 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the establishment of guidelines for the
issuance of temporary cannabis special event permits
in accordance with Chapter 5.10.
PUBLIC HEARING
25. Urgency Ordinance and Regular Ordinance Relating to the Formation of a
Disaster Council
Recommendation: 1. Adopt Urgency Ordinance No. MC-1514 of the
Mayor and City Council of the City of San Bernardino,
California, adding a new Chapter 2.46 to the San
Bernardino Municipal Code pertaining to the Disaster
Council; and
2. Introduce for first reading, read by title only, and
waive further reading of Ordinance No. MC-1515 of
the Mayor and City Council of the City of San
Bernardino, California, adding a new Chapter 2.46 to
the San Bernardino Municipal Code pertaining to the
Disaster Council.
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 2/15/2019
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and Cit y
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, March 6, 2019 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, MMC, City Clerk for the City of San Bernardino, California,
hereby certify that the agenda for the February 20, 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, February 15, 2019.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, MMC, City Clerk
Regular Meeting Agenda February 20, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 2/15/2019
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 s ubject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for
public comments shall not exceed 60 minutes, unless such time limit is extended
by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A three minute limitation shall
apply to each member of the public, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. No member of the public shall be permitted to “share” his/her
three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Suc cessor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a pu blic hearing
has been conducted and closed.
Appointment
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member First Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: Public Safety and Human Relations Commission Appointment
Recommendation
Approve the appointment of Ms. Maria I. Lanas to the Public Safety and Human
Relations Commission.
Background
The Public Safety and Human Relations Commission was established by Resolution
No. 2018-46, on February 21, 2018 and is charged with studying and making
recommendations to the Mayor and City Council on matters concerning the City’s law
enforcement and fire services, emergency preparedness and traffic safety (including
traffic law enforcement and traffic engineering).
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Ms. Maria I. Lanas to the Public Safety and Human
Relations Commission.
Fiscal Impact
None
Attachments
Attachment 1 – Commission application – Ms. Maria I. Lanas
7.a
Packet Pg. 9 Attachment: MCC.Public Safety and Human Relations Commission Appointment - Maria I. Lanas (5962 : Public Safety and Human Relations
7.b
Packet Pg. 10 Attachment: MCC.Commission- Maria I. Lanas _Redacted (5962 : Public Safety and Human Relations Commission Appointment)
7.b
Packet Pg. 11 Attachment: MCC.Commission- Maria I. Lanas _Redacted (5962 : Public Safety and Human Relations Commission Appointment)
7.b
Packet Pg. 12 Attachment: MCC.Commission- Maria I. Lanas _Redacted (5962 : Public Safety and Human Relations Commission Appointment)
Appointment
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member First Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: Measure “Z” Citizens Oversight Committee Appointment
Recommendation
Approve the appointment of Venus L. Williams to the Measure “Z” Citizens Oversight
Committee.
Background
The Measure “Z” Citizens Oversight Committee was established by Ordinance No. MC-
1229 effective November 8, 2006 and is charged with reviewing and reporting annually
on the use of the proceeds from the quarter cent general sales tax established by
Measure “Z” beginning on April 1, 2007 for a 15-year period. The revenue generated
from the Measure “Z” sales tax are to be used to fund police officers along with anti-
gang and anti-crime operations, including drug resistance education and supervised
after-school youth activities.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Ms. Venus L. Williams to the Measure “Z” Citizens
Oversight Committee.
Fiscal Impact
None
8.a
Packet Pg. 13 Attachment: MCC.Measure Z Citizens Oversight Committee appointment - Venus L. Williams (5963 : Measure “Z” Citizens Oversight Committee
Attachments
Attachment 1 – Commission Application – Venus L. Williams
8.a
Packet Pg. 14 Attachment: MCC.Measure Z Citizens Oversight Committee appointment - Venus L. Williams (5963 : Measure “Z” Citizens Oversight Committee
8.b
Packet Pg. 15 Attachment: MCC.Commission application - Venus L. Williams_Redacted (5963 : Measure “Z” Citizens Oversight Committee Appointment)
8.b
Packet Pg. 16 Attachment: MCC.Commission application - Venus L. Williams_Redacted (5963 : Measure “Z” Citizens Oversight Committee Appointment)
8.b
Packet Pg. 17 Attachment: MCC.Commission application - Venus L. Williams_Redacted (5963 : Measure “Z” Citizens Oversight Committee Appointment)
8.b
Packet Pg. 18 Attachment: MCC.Commission application - Venus L. Williams_Redacted (5963 : Measure “Z” Citizens Oversight Committee Appointment)
8.b
Packet Pg. 19 Attachment: MCC.Commission application - Venus L. Williams_Redacted (5963 : Measure “Z” Citizens Oversight Committee Appointment)
Appointment
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member Fourth Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: Measure “Z” Citizens Oversight Committee Appointment
Recommendation
Approve the appointment of Karina G. Cornejo to the Measure “Z” Citizens Oversight
Committee.
Background
The Measure “Z” Citizens Oversight Committee was established by Ordinance No. MC-
1229 effective November 8, 2006 and is charged with reviewing and reporting annually
on the use of the proceeds from the quarter cent general sales tax established by
Measure “Z” beginning on April 1, 2007 for a 15-year period. The revenue generated
from the Measure “Z” sales tax are to be used to fund police officers along with anti-
gang and anti-crime operations, including drug resistance education and supervised
after-school youth activities.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Ms. Karina G. Cornejo to the Measure “Z” Citizens
Oversight Committee.
Fiscal Impact
None
9.a
Packet Pg. 20 Attachment: MCC.Measure Z Citizens Oversight Committee appointment - Karina G. Cornejo (5964 : Measure “Z” Citizens Oversight Committee
Attachments
Attachment 1 – Commission Application – Karina G. Cornejo
9.a
Packet Pg. 21 Attachment: MCC.Measure Z Citizens Oversight Committee appointment - Karina G. Cornejo (5964 : Measure “Z” Citizens Oversight Committee
9.b
Packet Pg. 22 Attachment: MCC.Commission application - Karina G. Cornejo_Redacted (5964 : Measure “Z” Citizens Oversight Committee Appointment)
9.b
Packet Pg. 23 Attachment: MCC.Commission application - Karina G. Cornejo_Redacted (5964 : Measure “Z” Citizens Oversight Committee Appointment)
9.b
Packet Pg. 24 Attachment: MCC.Commission application - Karina G. Cornejo_Redacted (5964 : Measure “Z” Citizens Oversight Committee Appointment)
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: February 20, 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 February 20,
2019.
10.a
Packet Pg. 25 Attachment: Waive Reading.Report_Feb 20 (5965 : Waive Full Reading of Resolutions and Ordinances on the Agenda Dated February 20, 2019.)
11.a
Packet Pg. 26 Attachment: FN.Commercial Checks Payroll Report -Feb 20, 2019 (5966 : 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 #36
Attachment 2 Commercial checks for Register #37
Attachment 3 Commercial checks for Register #38
Attachment 4 Commercial checks for Register #39
Attachment 5 Payroll checks for January 24, 2019
Ward:
Synopsis of Previous Council Actions:
11.a
Packet Pg. 27 Attachment: FN.Commercial Checks Payroll Report -Feb 20, 2019 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 28Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 29Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 30Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 31Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 32Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 33Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 34Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 35Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 36Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 37Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 38Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 39Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 40Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 41Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 42Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 43Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 44Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 45Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 46Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 47Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 48Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 49Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 50Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 51Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 52Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 53Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 54Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.bPacket Pg. 55Attachment: FN.Commercial Checks & Payroll. Register #36 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 56Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 57Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 58Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 59Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 60Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 61Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 62Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
11.cPacket Pg. 63Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.cPacket Pg. 65Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.cPacket Pg. 72Attachment: FN.Commercial Checks & Payroll. Register #37 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.dPacket Pg. 77Attachment: FN.Commercial Checks & Payroll. Register #38 (5966 : City Council Approval of Commercial and Payroll Checks)
11.dPacket Pg. 78Attachment: FN.Commercial Checks & Payroll. Register #38 (5966 : City Council Approval of Commercial and Payroll Checks)
11.dPacket Pg. 79Attachment: FN.Commercial Checks & Payroll. Register #38 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 80Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 81Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 82Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.ePacket Pg. 84Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.ePacket Pg. 90Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 91Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 92Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 93Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 94Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 95Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 96Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 97Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
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11.ePacket Pg. 100Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 101Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 102Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 103Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 104Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 105Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 106Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 107Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 108Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
11.ePacket Pg. 109Attachment: FN.Commercial Checks & Payroll. Register #39 (5966 : City Council Approval of Commercial and Payroll Checks)
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Andrea Miller, City Manager
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: October, November, and December 2018 City Board,
Commission, and Citizen Advisory Committee Approved
Minutes
Recommendation
Receive and file the minutes from the City Board, Commission, and Citizen Advisory
Committee meetings approved in November and December 2018.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s boards, commissions and citizen advisory committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080 the minutes for the board, commission and citizen advisory committee
meetings approved in the month of October are presented for review by the Mayor and
City Council including the:
1. Animal Control Commission – December 12, 2018
2. Arts and Historical Preservation Commission – October 16, 2018 and
November 28, 2018
3. Library Board – December 11, 2018
4. Personnel Commission – November 13, 2018
5. Planning Commission – December 11, 2018
6. Water Board – November 13, 2018
2018-2019 Goals and Objectives
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Goal
No. 5: Improve City Government Operations.
2/14/2019 9:09 AM
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Packet Pg. 112 Attachment: MCC.October.November.December 2018 BCCAC Approved Minutes.STAFF REPORT (5967 : October, November, and December
Fiscal Impact
No fiscal impact to the City.
Conclusion
Receive and file the minutes from the City Board, Commission, and Citizen Advisory
Committee meetings approved in November and December 2018.
Attachment
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting
minutes approved in November and December 2018;
Exhibit “A” Animal Control Commission – December 12, 2018;
Exhibit “B” Arts and Historical Preservation Commission – October 16,
2018 and November 28, 2018
Exhibit “C” Library Board – December 11, 2018;
Exhibit “D” Personnel Commission – September 11, 2018;
Exhibit “E” Planning Commission – December 11, 2018
Exhibit “F” Water Board – November 13, 2018
2/14/2019 9:09 AM
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13.a
Packet Pg. 142 Attachment: CM.Legislative Office Staffing.01.Staff Report 2.20.19 (5968 : Legislative Branch Staffing - Offices of the Mayor and City Council)
One (1) Chief of Staff (U)
One (1) Assistant to the Mayor II (U)
One (1) Assistant to the Mayor III (U)
The Assistant to the Mayor III position has been under-filled by the Executive Assistant
to the Mayor position.
In addition to the funding for the Mayor’s Office, the FY 2018/19 Adopted Budget for the
legislative function includes funding in the amount of $370,378 for four (4) dedicated
full-time positions that support the City Council. Three of these positions are currently
filled, and there is one vacancy. The funded positions include:
One (1) Executive Staff Assistant to City Council (U)
One (1) Council Administrative Supervisor (U)
Two (2) Administrative Assistants to City Council (U)
Following the discussion at the February 11, 2019 Special City Council meeting, the
Council directed staff to move forward with establishing the part-time Legislative Field
Representative classification, and amending the FY 2018/19 Adopted Budget to
reclassify the Assistant to the Mayor III position to an Executive Assistant to the Mayor
position to reflect current staffing, eliminate the vacant Administrative Assistant to the
City Council position and add a Senior Customer Service Representative position and
two part-time Legislative Field Representatives within the Mayor’s Office.
Under this service model, there will be seven (7) full-time and two (2) part-time staff
dedicated to the legislative function of the City equating to 320 staff hours per week.
This includes four (4) full-time and two (2) part-time employees in the Mayor’s office and
three (3) full-time employees in the Office of the City Council. Implementation of this
service model will result in either a modest cost decrease of $31,917 each year or an
increase of $85,274, as compared to the FY 2018/19 Adopted Budget depending upon
the salary placements of selected personnel. Assuming the new positions will be filled
as early as March 2019, the additional cost in FY 2018/19 is $7,945 (four (4) months of
salary and benefits at the middle salary step).
The proposed range of pay for the new part-time Legislative Field Representative is
based upon a review of similar positions in other cities as well as the City’s existing
classification system. The pay range has been established based on this analysis.
The job description for the part-time Legislative Field Representative is identified in
Exhibit A.
Proposed
Legislative Field Representative (Part-Time) (U)
Bottom Top
Hourly Rate of Pay $21.44 $26.05
2/15/2019 10:57 AM
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The job specifications for the existing classifications within the Office of the Mayor and
City Council were developed before the adoption of the new City Charter. As such, the
job descriptions will need to be updated administratively to conform to the City Charter
and address the support needs identified by the Mayor and City Council.
Financial Impact
The financial impact to the City associated with the proposed operational changes for
the balance of the current fiscal year is $7,945. There is sufficient funding within the FY
2018/19 Adopted Budgets for the Office of the Mayor and City Council to absorb the net
increase to the operating budget.
2018-2019 Goals and Objectives
The proposed changes to the legislative branch of the City align with Goal No.
3: Create, Maintain and Grow Jobs and Economic Value in the City, as the perceptions
of the City are directly related to our ability to encourage investment in and attract
economic development to the City and Goal No. 7: Pursue City Goals and Objectives by
working with other agencies such as: Federal, State, and regional governments to
ensure San Bernardino receives its fair share of resources by maintaining close working
relationships with other governmental agencies.
Conclusion
Adopt Resolution No. 2019-24 of the Mayor and City Council of the City of San
Bernardino, California, reclassifying positions with the Office of the Mayor and City
Council; establishing, amending and approving classifications and job descriptions; and
amending the FY 2018/19 budget to reflect these actions.
Attachment 1 Resolution; Exhibit “A” - Legislative Field Representative (Part-
Time) Job Specification;
Attachment 2 Legislative Office Staffing Analysis
Ward: All
Synopsis of Previous Council Actions: N/A
2/15/2019 10:57 AM
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Resolution No. 2019-24
RESOLUTION NO. 2019-24 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RECLASSIFYING POSITIONS WITHIN THE OFFICES OF
THE MAYOR AND CITY COUNCIL; ESTABLISHING,
AMENDING AND APPROVING CLASSIFICATIONS AND
JOB DESCRIPTIONS; AND AMENDING THE FISCAL
YEAR 2018/19 BUDGET
WHEREAS, Article III of the City Charter which provides for the City’s legislative
function with the power to set policy, approve contracts and agreements, and undertake other
obligations; and
WHEREAS, the Fiscal Year 2018/19 Adopted Budget includes funding for the
legislative function that consists of both the offices of the Mayor and City Council; and
WHEREAS, Under Charter Section 508 and Municipal Code Chapter 2.04, personnel
appointed as deputies or assistants of an elected official serve in an unclassified “at-will”
capacity; and
WHEREAS, The Mayor and City Council wish to reclassify the Assistant to the Mayor
III (U) to an Executive Assistant to the Mayor (U), eliminate a vacant Administrative Assistant
to the City Council (U) position and add two part-time Legislative Field Representatives and one
full-time Senior Customer Service Representative (U) classification to support the operational
needs of the City’s legislative offices.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above Recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The classification of the part-time Legislative Field Representative, with
an hourly pay range of $21.44 to $26.05, is hereby established and the job description for said
position, attached hereto and incorporated herein as Exhibit “A” is hereby approved.
SECTION 3. The Director of Finance is authorized to amend the FY 2018/19 Adopted
Budget to reclassify the Assistant to the Mayor III (U) to an Executive Assistant to the Mayor
(U), eliminate a vacant Administrative Assistant to the City Council (U) position and add two
part-time Legislative Field Representatives and one full-time Senior Customer Service
Representative (U) classification to support the operational needs of the City’s legislative offices.
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.
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Resolution No. 2019-24
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 __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 146 Attachment: CM.Legislative Office Staffing.02.RESOLUTION.doc (5968 : Legislative Branch Staffing - Offices of the Mayor and City Council)
Resolution No. 2019-24
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
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PROPOSED – EXHIBIT A
Class Code:
M/CC Date Updated:
City of San Bernardino Signature:
Director, Human Resources
Bargaining Unit: Part Time
Class Specification
Legislative Field Representative (U) - Part Time
JOB SUMMARY
Perform a wide variety of administrative and field support duties for elected official members of
the City of San Bernardino; to represent elected officials in the community and establish
effective relationships with businesses and constituents; represent at meetings; and perform
other related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Legislative Field Representatives perform research and analyses on a wide range of policy,
legislative and community issues in support of the elected official’s short- and long-term goals
for the City and associated policy and program initiatives and plans and represent elected
officials in interactions with a variety of constituencies.
Legislative Field Representative is an entry-level professional class. Incumbents perform
research and analyses on issues in one or more program or policy areas under the guidance of
an elected official. Incumbents may be assigned to represent an elected official in attending
assigned community and business meetings.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Provides staff assistance to the City’s elected officials ranging from moderately difficult
to highly complex; assists or participates in or leads in developing and overseeing
implementation of plans and initiatives to meet short-term and long-terms goals and
objectives of the elected official; assists or participates in formulating strategies,
approaches, outreach initiatives, collaborative arrangements and other processes to
achieve overall results on goals and objectives; meets with a wide variety of stakeholder
groups and their representatives to represent the official and/or build support,
agreement, participation and partnerships.
2. Receives, researches and responds to constituent complaints.
3. Plans, coordinates, organizes, or assists in conducting or arranges for completion of
policy and legislative analysis studies relating to assigned issues and/or programs
ranging from routine to complex and highly responsible; identifies issues and challenges,
obtains relevant information and data, analyzes alternatives and makes
recommendations; drafts reports, policy papers, recommended legislative proposals,
presentation materials and talking points for elected officials.
Legislative Field Representative (U) - Part Time Page 1
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PROPOSED – EXHIBIT A
GENERAL QUALIFICATIONS
Knowledge of:
1. General principles and practices of administrative, organizational, financial, legislative,
policy and procedural analysis.
2. Be familiar with City policies and procedures in response to inquiries and make
appropriate referrals.
3. The legislative process, its steps and influence points.
4. General principles and practices of public administration, including municipal budget
development and financial analysis.
5. Principles and practices of sound business communication; correct English usage,
including spelling, grammar and punctuation.
6. Basic concepts, tools and techniques of project planning and management.
7. Federal, state and local laws, regulations and court decisions applicable to assigned
areas of responsibility.
8. City operations and functions and associated public policy, operational and financial
management issues and challenges.
9. Uses and operations of a computer and standard business software.
Ability to:
1. Reach sound independent conclusions and recommend appropriate courses of action
within policy guidelines established by the Mayor and City Council.
2. Apply judgment and sound political acumen appropriate to level of assignment.
3. Represent elected officials authoritatively before public bodies and in interactions with a
variety of stakeholder groups, including legislative and governmental officials, business
and civic organizations, community groups and committees and/or commissions.
4. Use tact and diplomacy when addressing complex issues among competing interests.
5. Lead and facilitate group problem-solving efforts and develop consensus among parties
with competing interests and priorities.
6. Operate effectively within a rapidly changing political environment.
7. Present proposals and recommendations clearly, logically and persuasively in public
meetings.
8. Establish and maintain effective working relationships with the City Council, all levels of
City management, other governmental officials, community and civic organizations,
employee organizations, employees, the media, the public and others encountered in
the course of work.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above for a Legislative
Field Representative is graduation from an accredited college or university with a major in
public or business administration, political science or a closely related field; and one year of
paid or volunteer experience involving legislative, community outreach or other similar
activities or experience in a legislative or elected official's office; or an equivalent
combination of training and experience.
Accreditation shall be by a national or regional accreditation body that is recognized by the
Secretary of the United States Department of Education.
Licenses; Certificates; Special Requirements:
Possession of a valid Class “C” California Driver’s License is required.
Legislative Field Representative (U) - Part Time Page 2
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PROPOSED – EXHIBIT A
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; talk or hear,
both in person and by telephone; use hands to finger, handle and feel computers and standard
business equipment; and reach with hands and arms. The employee is frequently required to
stand and walk.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
Incumbents may be required to work extended hours including evenings and weekends.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee works under typical office conditions, and the noise level is usually quiet.
Work requires attending meetings and events on behalf of elected officials outside of regular
work hours, in the evenings and on weekends.
Legislative Field Representative (U) - Part Time Page 3
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Packet Pg. 150 Attachment: CM.Legislative Office Staffing.03.Legislative Field Representative- Part Time. EXHIBIT A (5968 : Legislative Branch Staffing -
Legislative Office Staffing Analysis
Staffing Proposal
Current Personnel Budget (Minus Mayor & Members of the City Council)
Title BU Salary Range Current Budget
PERS @ Actual
Tier Health Medicare
Total Salary &
Benefits
Current Mayor's Chief of Staff (U)Mgmt 576 $ 94,591.54 8,388.38$ 14,340.00$ 1,371.58$ 118,691.49$
Current Assistant to Mayor III (U)Mgmt 526 $ 82,220.82 6,469.13$ 14,340.00$ 1,192.20$ 104,222.16$
Current Assistant to Mayor II (U)Mgmt 476 $ 61,312.97 6,236.75$ 14,340.00$ 889.04$ 82,778.76$
Current Annualized Cost of Positions in the Mayor's Office 305,692.41$
Current Administrative Assistant To City Council (U)Conf 446 $ 56,571.75 5,016.78$ 14,340.00$ 820.29$ 76,748.82$
Current Administrative Assistant To City Council (U)Conf 446 $ 53,881.50 4,778.21$ 14,340.00$ 781.28$ 73,780.99$
Current Council Administrative Supervisor (U)Conf 496 $ 74,695.11 6,623.96$ 14,340.00$ 1,083.08$ 96,742.15$
Current Executive Staff Assistant To City Council (U)Mgmt 546 $ 98,593.20 8,743.24$ 14,340.00$ 1,429.60$ 123,106.05$
Current Annualized Cost of Positions in the City Council's Office 370,378.01$
Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council 676,070.42$
Title BU Salary Range
Bottom Step
Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Mayor's Chief of Staff (U)Mgmt 576 94,212.00$ 9,583.24$ 14,340.00$ 1,366.07$ 119,501.32$
Change Executive Assistant to Mayor (U)Mgmt 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$
Current Assistant to Mayor II (U)Mgmt 476 57,216.00$ 5,820.01$ 14,340.00$ 829.63$ 78,205.64$
New Senior Customer Service Representative (U)Conf 396 38,388.00$ 3,904.83$ 14,340.00$ 556.63$ 57,189.45$
New Legislative Field Representative (Part-Time)Part-Time Part-Time 22,296.00$ 323.29$ 22,619.29$
New Legislative Field Representative (Part-Time)Part-Time Part-Time 22,296.00$ 323.29$ 22,619.29$
Annualized Cost of Positions in the Mayor's Office 385,037.96$
Current Administrative Assistant To City Council (U)Conf 446 49,260.00$ 5,010.73$ 14,340.00$ 714.27$ 69,325.00$
Current Council Administrative Supervisor (U)Conf 496 63,216.00$ 6,430.33$ 14,340.00$ 916.63$ 84,902.96$
Current Executive Staff Assistant To City Council (U)Mgmt 546 81,120.00$ 8,251.53$ 14,340.00$ 1,176.24$ 104,887.77$
Annualized Cost of Positions in the City Council's Office 259,115.73$
Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council at Bottom Step 644,153.69$
Proposed Staffing at Bottom Step - Adopt a staffing model with 7 full-time and 2 part-time positions
Updated: 2.12.2019 13.dPacket Pg. 151Attachment: CM.Legislative Office Staffing.04.Analysis (5968 : Legislative Branch Staffing - Offices of the Mayor and City Council)
Legislative Office Staffing Analysis
Staffing Proposal
Title BU Salary Range
Middle Step
Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Mayor's Chief of Staff (U)Mgmt 576 103,872.00$ 10,565.86$ 14,340.00$ 1,506.14$ 130,284.00$
Change Executive Assistant to Mayor (U)Mgmt 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$
Current Assistant to Mayor II (U)Mgmt 476 63,084.00$ 6,416.90$ 14,340.00$ 914.72$ 84,755.62$
New Senior Customer Service Representative (U)Conf 396 42,324.00$ 4,305.20$ 14,340.00$ 613.70$ 61,582.90$
New Legislative Field Representative (Part-Time)Part-Time Part-Time 24,582.00$ 356.44$ 24,938.44$
New Legislative Field Representative (Part-Time)Part-Time Part-Time 24,582.00$ 356.44$ 24,938.44$
Annualized Cost of Positions in the Mayor's Office 418,635.47$
Current Administrative Assistant To City Council (U)Conf 446 54,312.00$ 5,524.62$ 14,340.00$ 787.52$ 74,964.14$
Current Council Administrative Supervisor (U)Conf 496 69,696.00$ 7,089.48$ 14,340.00$ 1,010.59$ 92,136.07$
Current Executive Staff Assistant To City Council (U)Mgmt 546 89,436.00$ 9,097.43$ 14,340.00$ 1,296.82$ 114,170.25$
Annualized Cost of Positions in the City Council's Office 281,270.46$
Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council at Middle Step 699,905.93$
Title BU Salary Range Top Step Salary PERS @ Tier 3 Health Medicare
Total Salary &
Benefits
Current Mayor's Chief of Staff (U)Mgmt 576 $ 114,516.00 11,648.57$ 14,340.00$ 1,660.48$ 142,165.05$
Change Executive Assistant to Mayor (U)Mgmt 496 $ 76,836.00 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$
Current Assistant to Mayor II (U)Mgmt 476 69,552.00$ 7,074.83$ 14,340.00$ 1,008.50$ 91,975.33$
New Senior Customer Service Representative (U)Conf 396 $ 46,668.00 4,747.07$ 14,340.00$ 676.69$ 66,431.75$
New Legislative Field Representative (Part-Time)Part-Time Part-Time $ 27,096.00 392.89$ 27,488.89$
New Legislative Field Representative (Part-Time)Part-Time Part-Time $ 27,096.00 392.89$ 27,488.89$
Annualized Cost of Positions in the Mayor's Office 455,655.80$
Current Administrative Assistant To City Council (U)Conf 446 59,880.00$ 6,090.99$ 14,340.00$ 868.26$ 81,179.25$
Current Council Administrative Supervisor (U)Conf 496 76,836.00$ 7,815.76$ 14,340.00$ 1,114.12$ 100,105.88$
Current Executive Staff Assistant To City Council (U)Mgmt 546 98,604.00$ 10,030.00$ 14,340.00$ 1,429.76$ 124,403.76$
Annualized Cost of Positions in the City Council's Office 305,688.89$
Annualized Cost of the City's Legislative Support Positions in the Offices of the Mayor and City Council at Top Step 761,344.69$
Proposed Staffing at Middle Step - Adopt a staffing model with 7 full-time and 2 part-time positions
Proposed Staffing at Top Step - Adopt a staffing model with 7 full-time and 2 part-time positions
*Part-Time salary and benefits based upon a 0.5 full-time equivalent. Part-time, non-benefited employees are restricted to 1,000 hours within a 12-month period.
Updated: 2.12.2019 13.dPacket Pg. 152Attachment: CM.Legislative Office Staffing.04.Analysis (5968 : Legislative Branch Staffing - Offices of the Mayor and City Council)
14.a
Packet Pg. 153 Attachment: PW.Tryco Engineering CO No 1 to Construction Contract.00-REPORT (5969 : Resolution Authorizing Change Order No. 1 to Tryco
Tryco General Engineering in the amount of $32,668 to do “I” Street repairs between
2nd Street and 3rd street.
Discussion
Tryco General Engineering started repair work on “I” Street and during construction
additional street failures, twice the area that was originally bid for, took place causing
the depth of excavation to double. Limit of repair work was extended from the original
scope. Tryco submitted the estimate of $53,520 (Attachment 2) to do the additional
work as a change order to the construction contract.
Currently, there is a purchase order (PO 2019-765) for $32,668 to Tryco General
Engineering. Staff is seeking to execute Change Order No. 1 to the construction
contract and increase the contract amount by $53,520 not to exceed the amount of
$86,188. This will allow Tryco General Engineering to complete the “I” Street
emergency repair work.
2018-2019 Goals and Objectives
This project is consistent with Goal No 4: Ensure Development of a Well-Planned
Balanced and Sustainable City. This project will assist to contribute to well-maintained
public buildings for sustained economic growth
Fiscal Impact
The estimated project costs are summarized in the table below.
Estimated Project Cost
Base Bid Amount $32,668
Change Order no. 1 $53,520
Total Contract Work $86,188
There is sufficient funding in the FY 2018/19 adopted budget, $244,000 in account
number 126-160-7233-5011. That is sufficient to amend the contract.
Conclusion
Staff recommends that the Mayor and City Council adopt Resolution No. 2019-25,
authorizing and directing the City Manager to execute Change Order No. 1 to the
Construction Contract with Tryco General Engineering for “I” Street Repair; and
authorizing the Director of Finance to increase the Purchase Order No. 2019-765 by
$53,520 for a total amount not to exceed $86,188.
Attachments
Attachment 1 Resolution; Exhibit “A” Change Order No. 1
Attachment 2 Change Order no. 1 Estimate
Attachment 3 Location Map
2/14/2019 9:07 AM
14.a
Packet Pg. 154 Attachment: PW.Tryco Engineering CO No 1 to Construction Contract.00-REPORT (5969 : Resolution Authorizing Change Order No. 1 to Tryco
Resolution No. 2019-25
RESOLUTION NO. 2019-25 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO CALIFORNIA,
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE CHANGE ORDER NO. 1 TO THE
CONSTRUCTION CONTRACT WITH TRYCO GENERAL
ENGINEERING FOR “I” STREET REPAIR; AND
AUTHORIZING THE DIRECTOR OF FINNACE TO
INCREASE THE PURCHASE ORDER NO. 2019-765 BY
$53,520 FOR A TOTAL AMOUNT NOT TO EXCEED
$86,188
WHEREAS, Construction contract with Tryco General Engineering was executed on
November 20, 2018 in the amount of $32,668 for “I” Street repair between 2nd Street and 3rd
Street.
WHEREAS, During construction additional street failure happened and limit of work
was extended from the original scope.
WHEREAS, Tryco Engineering submitted an estimate of $53,520 to perform the
additional work.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute the Change Order No. 1, Exhibit ‘A’ hereon in the amount of $53,520 to the
Construction Contract with Tryco General Engineering for “I” Street Repair.
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.
14.b
Packet Pg. 155 Attachment: PW.Tryco Engineering CO No1 to Construction Contract.01-Attachment 1-Resolution (5969 : Resolution Authorizing Change Order
Resolution No. 2019-25
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 20 day of February , 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. 156 Attachment: PW.Tryco Engineering CO No1 to Construction Contract.01-Attachment 1-Resolution (5969 : Resolution Authorizing Change Order
Resolution No. 2019-25
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 20th day of February, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
14.b
Packet Pg. 157 Attachment: PW.Tryco Engineering CO No1 to Construction Contract.01-Attachment 1-Resolution (5969 : Resolution Authorizing Change Order
Exhibit ‘A’
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT Mail: 290 North “D” Street
San Bernardino, CA 92401
909.384.5140
FAX 909.384.5190
CONTRACT CHANGE ORDER NO. 1
DATE: January 21, 2019
PROJECT: “I” Street Repair
TO: Tryco General Engineering
PO Box 391
Rimforest, Ca. 92378
You are hereby compensated for performing the additional work as follows:
Description of Change Cost
Remove, replace and compact 200 feet long by 8 feet wide by 3
feet deep of saturated trench backfill on “I” street between 2nd street
and 3rd street
$ 53,520
TOTAL CHANGE ORDER COST $ 53,520
JUSTIFICATION:
While the contractor was repairing “I” street between 2nd street and 3rd street, additional street
failure was observed and limits of repair work was extended by 155 feet.
The additional emergency work was necessary to provide safe street to pedestrians and traffic.
“Extra Work” was completed by the contractor and verified by the City Construction Inspector.
SUMMARY OF CONTRACT COSTS
The estimated revised contract cost is as follows:
Original Contract Amount .............................................................................$32,668
Increase due to CCO#1 – Repair additional 200 feet ....................................$53,520
Revised Contract Amount ...........................................................................$86,188
No Additional time was granted due to Change Order
14.c
Packet Pg. 158 Attachment: PW.Tryco Engineering CO No 1 to Construction contract.01-Attachment 1-Exhibit A-Chnage Order (5969 : Resolution Authorizing
Contract Change Order No. 1
“I” Street repairs
Page 2 of 2
TRYCO GENERAL ENGINEERING CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
Accepted Approved:
By: By:
Trish Rhay
Title: Director of Public Works
Date: Date:
Approved
Andrea M. Miller
City manager
Date Approved _________________
2
14.c
Packet Pg. 159 Attachment: PW.Tryco Engineering CO No 1 to Construction contract.01-Attachment 1-Exhibit A-Chnage Order (5969 : Resolution Authorizing
14.d
Packet Pg. 160 Attachment: PW.Tryco Engineering CO No 1 to Construction Contract.002-002-CO Estmate (5969 : Resolution Authorizing Change Order No. 1
Location Map Not to Scale 14.e
Packet Pg. 161 Attachment: PW.Tryco Engineering CO No1 to Construction Contract.03 - Attachment 3 Location Map (5969 : Resolution Authorizing Change
15.a
Packet Pg. 162 Attachment: PW.Waterman Project Reject Bid.01 for Waterman Box Culvert.01.SR (5970 : Reject Bids for Waterman & Baseline Box Culvert
Name of Bidder City Amount of Basic Bid
Grbcon, Inc Baldwin Park $162,294.00
Kirtley Construction dba TK Construction San Bernardino $298,200.00
Wright Construction Engineering Corp San Marcos $313,545.00
The Engineer’s overall estimate for this project was $80,000 to $100,000.
The lowest apparent bidder was Grbcon, Inc of Baldwin Park, California, with a bid of
$162,294. However, on January 4, 2019, Grbcon, Inc submitted a written request to
withdraw their bid (Attachment No. 4) due to a clerical error.
The error was made by incorrectly transposing the unit and extended prices when
transferring them from the bid take-off sheet to the final bid package, resulting in a
materially different final dollar total than what was submitted. The City accepts Grbcon,
Inc. withdrawal request.
The second lowest bid received is $298,200, which is above the Engineer’s overall
estimate and significantly above the allowable funding of $100,000 as adopted by the
City Council in the 2018/19 CIP. Staff recommends that the City rejects all bids
submitted for the subject project at this time. The proposed project, although necessary,
is not of an emergency nature and may be delayed without consequences.
In addition, Public Code Section 20166 states that the City Council has the authority to
reject all bids and the notice inviting bids. The specification reiterates the same Authority.
Staff will reevaluate the project and advertise once a strategy is reached on how to
improve bid results.
Fiscal Impact:
No fiscal impact to the City.
Conclusion:
It is recommended that the Mayor and City Council adopt Resolution No. 2019-26
rejecting the bids for the Waterman & Baseline Box Culvert Repair and Rancho & Rialto
Storm Drain Improvements.
Attachments
Attachment 1 Resolution
Attachment 2 Location Map
Attachment 3 Tabulation (PDF)
Attachment 4 Letter of Withdrawal Request
Ward: 1, 2, & 3
Synopsis of Previous Council Actions:
6/21/207 - Resolution No. 2017- 118 adopted the City’s final budget document for Fiscal Year
2017/2018.
2/14/2019 8:57 AM
15.a
Packet Pg. 163 Attachment: PW.Waterman Project Reject Bid.01 for Waterman Box Culvert.01.SR (5970 : Reject Bids for Waterman & Baseline Box Culvert
Resolution No. 2019-26
RESOLUTION NO. 2019-26 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REJECTING BIDS FOR THE WATERMAN & BASELINE
BOX CULVERT REPAIR AND RANCHO & RIALTO
STORM DRAIN IMROVEMENTS
WHEREAS, the City is responsible for the annual maintenance and replacement of
storm drain Citywide; and
WHEREAS, plans and specifications were released for bid on December 6, 2018, three
bids were received, the apparent lowest bidder withdrew their bid.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to reject
all bids for project entitled “Waterman & Baseline Box Culvert Repair And Rancho & Rialto
Storm Drain Improvements, Special Provisions No. 13259 pursuant to California Public Contract
Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E).
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
15.b
Packet Pg. 164 Attachment: PW.Waterman Project Reject Bid.02 for Waterman box Culvert.01-Attachment 1-Resolution (5970 : Reject Bids for Waterman &
Resolution No. 2019-26
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 20 day of February , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
15.b
Packet Pg. 165 Attachment: PW.Waterman Project Reject Bid.02 for Waterman box Culvert.01-Attachment 1-Resolution (5970 : Reject Bids for Waterman &
Resolution No. 2019-26
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 20th day of February, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
15.b
Packet Pg. 166 Attachment: PW.Waterman Project Reject Bid.02 for Waterman box Culvert.01-Attachment 1-Resolution (5970 : Reject Bids for Waterman &
PROJECT LOCATION MAP
WATERMAN & BASELINE
15.c
Packet Pg. 167 Attachment: PW.Waterman Project Reject Bid.03 Location Maps (5970 : Reject Bids for Waterman & Baseline Box Culvert Repair and Rancho &
PROJECT LOCATION MAP
RANCHO & RIALTO
15.c
Packet Pg. 168 Attachment: PW.Waterman Project Reject Bid.03 Location Maps (5970 : Reject Bids for Waterman & Baseline Box Culvert Repair and Rancho &
BID TABULATION
FOR
WATERMAN BASELINE BOX CULVERT REPAIR AND RANCHO RIALTO STORM DRAIN IMPROVEMENT
SPECIAL PROVISIONS NO. 13259
BID SCHEDULE
WATERMAN & BASELINE BOX CULVERT REPAIR AND
RANCHO & RIALTO STORM DRAIN IMPROVEMENT
Special Provisions NO. 13259
ITEM
NO.BID ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Mobilization 1 LS 2,945.00 2,945.00 8,700.00 8,700.00 34,500.00 34,500.00
2 Traffic Control & Safety 1 LS 3,648.00 3,648.00 12,100.00 12,100.00 36,000.00 36,000.00
3 Clearing and Grubbing, Unclassified Excavation & Unclassified Fill 1 LS 3,066.00 3,066.00 20,300.00 20,300.00 15,600.00 15,600.00
4 Remove Existing Storm Drain Box Culvert 1 LS 3,470.00 3,470.00 16,000.00 16,000.00 15,000.00 15,000.00
5 Provide & Install PCC Box Culvert Drain Per Detail A 80 LF 582.00 46,560.00 600.00 48,000.00 384.00 30,720.00
6 Provide & Install 1½” Steel Plate for Culvert Deck (Cut to Fit)80 LF 506.00 40,480.00 580.00 46,400.00 380.00 30,400.00
7 Provide & Install AC Pavement (Depth will be Verified by Contractor) Min
4” of AC Over 8” Class II Aggregate Base 500 SF 11.00 5,500.00 46.00 23,000.00 14.50 7,250.00
8 Cold Mill and Remove 2” AC Pavement 1,000 SF 2.28 2,280.00 11.00 11,000.00 3.00 3,000.00
9 Provide & Install 2” AC Overlay 10 TN 473.00 4,730.00 1,300.00 13,000.00 440.00 4,400.00
10 Pavement Markers, Marking, Legend, Striping & Signage 1 LS 2,052.00 2,052.00 3,500.00 3,500.00 3,500.00 3,500.00
11 Mobilization 1 LS 2,945.00 2,945.00 4,300.00 4,300.00 18,000.00 18,000.00
12 Traffic Control & Safety 1 LS 3,648.00 3,648.00 6,800.00 6,800.00 12,000.00 12,000.00
13 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill 1 LS 3,066.00 3,066.00 10,100.00 10,100.00 29,000.00 29,000.00
14 Remove Existing 15” SDR 35 Storm Drain Pipes 1 LS 912.00 912.00 9,700.00 9,700.00 5,000.00 5,000.00
15 Provide & Install 24” SDR 35 Storm Drain Pipe 150 LF 157.00 23,550.00 156.00 23,400.00 350.00 52,500.00
16 Provide & Install AC Pavement (Depth will be Verified by Contractor) Min
4” of AC Over 8” Class II Aggregate Base 450 SF 11.00 4,950.00 27.00 12,150.00 14.50 6,525.00
17 Cold Mill and Remove 2” AC Pavement 750 SF 2.28 1,710.00 13.00 9,750.00 3.00 2,250.00
18 Provide & Install 2” AC Overlay 10 TN 473.00 4,730.00 1,000.00 10,000.00 440.00 4,400.00
19 Pavement Markers, Marking, Legend, Striping & Signage 1 LS 2,052.00 2,052.00 10,000.00 10,000.00 3,500.00 3,500.00
TOTAL BID SCHEDULE Totals $313,545.00$298,200.00$162,294.00
BID OPENING: 2:00 P.M., JANUARY 03, 2019
WRIGHT CONSTRUCTION
ENGG CORP KIRTLEY CONSTRUCTION GRBCON, INC 15.dPacket Pg. 169Attachment: PW.Waterman Project Reject Bid.04 Bid Tabulation (5970 : Reject Bids for Waterman & Baseline Box Culvert Repair and Rancho &
15.ePacket Pg. 170Attachment: PW.Waterman Project Reject Bid.05 Grbcon_Waterman Clerical Error (5970 : Reject Bids for Waterman & Baseline Box Culvert
16.a
Packet Pg. 171 Attachment: PW.C&D Min diversion requirement agenda report (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and
construction projects within the covered occupancies will be required to divert 65
percent of the construction waste materials generated during the project.
CALGreen allows for either a sixty-five (65) percent diversion requirement or the local
requirements, whichever are more stringent. The City’s current minimum diversion
requirement is fifty (50) percent.
The impact of the increased diversion requirement is established through the C&D
deposit trust in the building permit process. When an applicant pulls a building permit,
depending on the total valuation of the project, a C&D security deposit is required. This
deposit is refundable upon completion of the project and once the applicant provides the
required Recycling and Disposal Report Summary and at least the minimum diversion
requirement is met. If the applicant does not meet the minimum diversion requirement,
the amount of the refund shall correspond to the percentage of C&D Waste recycled,
reused or diverted from the landfill. If the applicant fails to submit within the required
time period, the security deposit shall be forfeited to the City.
Documentation shall be provided to enforcing agency which demonstrates compliance
with Sections 4.408 and 5.408
Fiscal Impact
There are no financial impacts associated with the approval or opposition of the
resolution.
Conclusion
Adopt Resolution No. 2019-27 of the Mayor and City Council of the City of San
Bernardino, California, amending Section 1 of Resolution 2010-325 Construction and
Demolition Recycling Program in order to increase Minimum Diversion requirement set
by California Green Building Standards Code (CalGreen).
Attachments
Attachment 1 Resolution
Attachment 2 Resolution 2010-325
Attachment 3 SBMC 8.24.100
Ward:
Synopsis of Previous Council Actions:
09/20/2010 Resolution No. 2010-325 was approved establishing the Construction and
demolition Recycling Program Parameters.
11/7/2016 Ordinance No. MC-1431 was approved amending the San Bernardino Municipal
Code, Title 8, Health and Safety, Article24, Entitled “Refuse and Solid Waste”,
Incorporating and Repealing Article 8.24.5, entitled “Construction and Demolition
Waste Recycling Program” and Article 8.25, Entitled “Scrap Tires.”
2/14/2019 9:12 AM
16.a
Packet Pg. 172 Attachment: PW.C&D Min diversion requirement agenda report (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and
Resolution No. 2019-27
RESOLUTION NO. 2019-27 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 1 OF RESOLUTION 2010-325
CONSTRUCTION AND DEMOLITION RECYCLING
PROGRAM IN ORDER TO INCREASE MINIMUM
DIVERSION REQUIREMENT SET BY CALIFORNIA
GREEN BUILDING STANDARDS CODE (CALGREEN)
WHEREAS, on September 20, 2010, the Mayor and Common Council adopted
Resolution 2010-325 establishing the Construction and Demolition Recycling Programs
Parameters; and
WHEREAS, on December 19, 2016, the Mayor and City Council adopted Chapter 8.24
Solid Waste Collection, Removal, Disposal, Processing and Recycling of the City Municipal
Code; and
WHEREAS, pursuant to San Bernardino Municipal Code Chapter 8.24.100 (A) Covered
and Non-Covered Projects, the minimum C & D Diversion Requirement is established by
Resolution of the Mayor and City Council; and
WHEREAS, the State of California through its California Green Building Standards
Code, Part 11 section 5.408.1 Construction waste management. Recycle and/or salvage for reuse
a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance
to Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet a local construction and demolition waste
management ordinance, whichever is more stringent.
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. Section 1 of Resolution No. 2010-324 is hereby amended in its entirety to
read as follows:
“Minimum Diversion Requirement. Covered and Non-Covered Projects shall divert
sixty-five (65) percent of construction and demolition waste.”
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity does not qualify as a “project” pursuant
to State CEQA Guidelines section 15378 given that it does not have the potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment. Further, the activity is activity is covered by the general rule in State
CEQA Guidelines section 15061(b)(3) that where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
16.b
Packet Pg. 173 Attachment: PW.C&D Min diversion requirement resolution (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and
Resolution No. 2019-27
activity is not subject to CEQA. Here, raising the minimum diversion requirement to 65 percent
will result in less construction waste being disposed of in landfills, will increase the amount of
construction materials being recycled, and will bring the City’s Municipal Code into consistency
with California Green Building Standards Code provisions.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this ___ 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. 174 Attachment: PW.C&D Min diversion requirement resolution (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and
Resolution No. 2019-27
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. 175 Attachment: PW.C&D Min diversion requirement resolution (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and
16.c
Packet Pg. 176 Attachment: PW.C&D Reso # 2010-325 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling
16.c
Packet Pg. 177 Attachment: PW.C&D Reso # 2010-325 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling
16.c
Packet Pg. 178 Attachment: PW.C&D Reso # 2010-325 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling
16.c
Packet Pg. 179 Attachment: PW.C&D Reso # 2010-325 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling
16.d
Packet Pg. 180 Attachment: PW.C&D SBMC 8.24.100 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling Program
16.d
Packet Pg. 181 Attachment: PW.C&D SBMC 8.24.100 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling Program
16.d
Packet Pg. 182 Attachment: PW.C&D SBMC 8.24.100 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling Program
16.d
Packet Pg. 183 Attachment: PW.C&D SBMC 8.24.100 (5971 : Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling Program
17.a
Packet Pg. 184 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Staff Report (5972 : Establish the Basic Compensation Plan for
The proposed compensation plan would incorporate the minimum wage increase
effective January 1, 2019. Additionally, increases have been proposed for positions that
will be affected by compaction due to the implementation of the minimum wage
increase. Exhibit A identifies the hourly pay rates for all temporary/part-time and
seasonal classifications in the City of San Bernardino.
Temporary, part-time, and seasonal employment is restricted to 1,000 hours within a
fiscal year (July 1st to June 30th) and employees in these positions do not qualify to
receive City benefits, except those required by law. Further restrictions apply to
California Public Employees’ Retirement System (CalPERS) retired annuitants.
2018-19 Goals and Objectives
Establishing a basic compensation plan for temporary/part-time and seasonal
employees aligns with Goal 5: Improve Government Operations by ensuring that
employees are fairly compensated.
Fiscal Impact
The additional cost in compensation from January 1, 2019 to June 30, 2019 will result in
an increase of approximately $46,000. These increases can be absorbed within the FY
2018/19 Adopted Budget through existing vacancies and budget savings. The FY
2019/20 Adopted Budget will include sufficient funding for the increased cost.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2019-28, establishing a basic compensation plan for
temporary/part-time and seasonal employees of the City of San Bernardino and
repealing Resolution No. 2018-135.
Attachments
Attachment 1 Resolution; Exhibit A
Synopsis of Previous Council Actions:
On April 21, 2017, the Mayor and City Council adopted Resolution No. 2017-061 to
establish hourly rates for the Temporary/Part-Time Officers and/or employees of the City
of San Bernardino.
On March 7, 2018, the Mayor and City Council adopted Resolution No. 2018-057 to
establish a basic compensation plan for Temporary/Part-Time Officers and/or employees
of the City of San Bernardino, California.
On May 16, 2018, the Mayor and City Council adopted Resolution No. 2018-135,
establishing a basic compensation plan for temporary/part-time and seasonal employees
of the City of San Bernardino and repealed Resolution Nos. 2017-057 and 2018-061.
2/15/2019 10:58 AM
17.a
Packet Pg. 185 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Staff Report (5972 : Establish the Basic Compensation Plan for
Resolution No. 2019-28
RESOLUTION NO. 2019-28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING A BASIC COMPENSATION PLAN FOR
TEMPORARY/PART-TIME AND SEASONAL EMPLOYEES
OF THE CITY OF SAN BERNARDINO AND REPEALING
RESOLUTION NO. 2018-135
WHEREAS, on May 16, 2018, the City of San Bernardino established a salary schedule
for Temporary/Part-Time and Seasonal Employees of the City; and
WHEREAS, there is a need to amend the compensation plan to ensure that employees
are fairly compensated; and
WHEREAS, the adopted budget for Fiscal Year 2018-2019 includes sufficient funding
to support this amended basic compensation plan for temporary/part-time and seasonal
employees.
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 hourly pay ranges for the City of San Bernardino’s temporary/part-
time and seasonal classifications, attached hereto and incorporated herein as Exhibit “A”, are
hereby approved.
SECTION 3. Upon adoption of this Resolution, temporary/part-time and seasonal
employees shall be paid in accordance with the ranges established by this temporary/part-time
basic compensation plan effective January 1, 2019.
SECTION 4. Resolution No. 2018-135 is hereby repealed.
SECTION 4. Temporary, part-time and seasonal employment is restricted to 1,000
hours within a fiscal year and employees in these positions do not qualify to receive benefits,
except those required by law. Further restrictions apply to CalPERS retired annuitants.
Recipients of retirement allowances and employed without reinstatement are excluded from the
paid sick leave requirements.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
17.b
Packet Pg. 186 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Resolution (5972 : Establish the Basic Compensation Plan for
Resolution No. 2019-28
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately with
retroactive application as noted in Section 3.
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
17.b
Packet Pg. 187 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Resolution (5972 : Establish the Basic Compensation Plan for
Resolution No. 2019-28
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
17.b
Packet Pg. 188 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Resolution (5972 : Establish the Basic Compensation Plan for
EXHIBIT A
City of San Bernardino Basic Compensation Plan
Temporary/Part-Time Employees
Effective January 1, 2019
Class
Code
Classification Title Hourly Range
00023 Accounting Assistant (PT) $19.40 - $23.58
00011 Accountant I (PT) $24.89 - $30.26
00012 Accountant II (PT) $27.51 - $33.44
00010 Accountant III (PT) $30.39 - $36.94
00861 Accounting Manager (PT) $40.59 - $49.34
00508 Administrative Analyst I (PT) $26.17 - $31.81
00510 Administrative Analyst II (PT) $30.39 - $36.94
00709 Administrative Assistant (PT) $18.46 - $22.44
00081 Administrative Assistant to City Council (U) (PT) $23.68 - $28.79
00534 Administrative Claims Specialist (PT) $20.39 - $24.79
00013 Animal License Checker (PT) $12.00 Flat
00119 Animal Shelter Attendant (PT) $15.89 - $19.32
00300 Apprentice (PT) $12.00 - $21.00
00212 Assistant Literacy Program Coordinator (PT) $17.38 - $21.13
00168 Assistant Planner (PT) $27.51 - $33.44
00169 Associate Planner (PT) $31.95 - $38.83
00194 Background Investigator (PT) $30.00 - $35.00
00072 Building Inspector I (PT) $24.89 - $30.26
00073 Building Inspector II (PT) $27.51 - $33.44
00264 Business Registration Inspector (PT) $22.53 - $27.39
00220 Business Registration Representative (PT) $18.46 - $22.44
00271 Buyer (PT) $24.89 - $30.26
00450 Code Enforcement Officer I (PT) $20.39 - $24.79
00455 Code Enforcement Officer II (PT) $26.17 - $31.81
00132 Community Development Block Grant (CDBG) Program Assistant (PT) $17.56 - $23.35
00190 Community Development Technician (PT) $21.44 - $26.05
00571 Construction Inspector I (PT) $23.68 - $28.79
00573 Construction Inspector II (PT) $27.51 - $33.44
00350 Coordinator of Volunteers (PT) $13.68 - $16.63
00603 Crime Analyst (PT) $26.17 - $31.81
00605 Crime Data Technician (PT) $15.42 - $18.75
00054 Custodial Aide (PT) $13.50 Flat
00621 Custodian (PT) $15.12 - $18.38
00224 Customer Service Representative (PT) $15.89 - $19.32
00009 Departmental Accounting Technician (PT) $17.56 - $21.35
00831 Electrician I (PT) $21.44 - $26.05
00841 Electrician II (PT) $23.68 - $28.79
00432 Engineering Assistant I (PT) $23.68 - $28.79
00434 Engineering Assistant II (PT) $26.17 - $31.81
00921 Equipment Mechanic I (PT) $20.39 - $24.79
00902 Equipment Mechanic II PT) $22.53 - $27.39
00707 Executive Assistant (PT) $21.44 - $26.05
17.c
Packet Pg. 189 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Exhibit A (5972 : Establish the Basic Compensation Plan for
EXHIBIT A
City of San Bernardino Basic Compensation Plan
Temporary/Part-Time Employees
Effective January 1, 2019
Class
Code
Classification Title Hourly Range
00982 Executive Assistant to Director (U) (PT) $23.68 - $28.79
00083 Extra Relief Heavy Laborer (PT) $13.50 Flat
00623 Facilities Maintenance Mechanic (PT) $20.39 - $24.79
00512 Financial Analyst (PT) $31.95 - $38.83
00066 Food Service Supervisor II (PT) $24.40 - $29.67
00165 Forensics Specialist I (PT) $24.44 - $26.05
00166 Forensics Specialist II PT) $24.89 - $30.26
00207 Human Resources Technician (PT) $19.40 - $23.58
00657 Human Resources Analyst (PT) $31.95 - $38.83
00355 IEMG/CATV Programming/Traffic Assistant (PT) $12.83 - $15.59
00019 Student Intern (PT) $12.00 - $21.00
00308 Law Enforcement Trainee (PT) $31.00 Flat
00322 Legal Secretary I (PT) $21.44 - $26.05
00323 Legal Secretary II (PT) $23.68 - $28.79
00210 Legislative Field Representative (U) (PT) $21.44 - $26.05
00341 Library Assistant (PT) $15.12 - $18.38
00391 Library Technician I (PT) $16.71 - $20.31
00392 Library Technician II (PT) $18.46 - $22.44
00488 Maintenance Worker I (PT) $15.89 - $19.32
00487 Maintenance Worker II (PT) $18.46 - $22.44
00427 NPDES Inspector I (PT) $23.68 - $28.79
00426 NPDES Inspector II (PT) $27.51 - $33.44
00711 Office Assistant (PT) $14.38 - $17.48
00581 Parking Enforcement Officer (PT) $16.71 - $20.31
00611 Parks Maintenance Worker I (PT) $15.89 - $19.32
00622 Parks Maintenance Worker II (PT) $18.46 - $22.44
00071 Payroll Technician (PT) $21.44 - $26.05
00680 Plans Examiner I (PT) $27.51 - $33.44
00682 Plans Examiner II (PT) $31.95 - $38.83
00481 Plumber (PT) $23.68 - $27.79
00192 Police Cadet (PT) $14.50 - $16.50
00767 Police Dispatcher I (PT) $20.39 - $24.79
00768 Police Dispatcher II (PT) $22.53 - $27.39
00218 Police Personnel &Training Technician (PT) $21.44 - $26.05
00219 Police Records Technician I (PT) $14.38 - $17.48
00221 Police Records Technician II (PT) $15.89 - $19.32
00256 Recreation Supervisor (Aquatics) (PT) $26.36 - $32.04
00721 SB Direct Call Taker (PT) $16.71 - $20.31
00722 SB Direct Call Taker Bilingual (PT) $21.44 - $26.05
00270 Security Guard (PT) $13.00 Flat
00263 Security Officer (PT) $18.00 Flat
00265 Security Officer II (PT) $20.00 Flat
17.c
Packet Pg. 190 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Exhibit A (5972 : Establish the Basic Compensation Plan for
EXHIBIT A
City of San Bernardino Basic Compensation Plan
Temporary/Part-Time Employees
Effective January 1, 2019
Class
Code
Classification Title Hourly Range
00710 Senior Office Assistant (PT) $15.89 - $19.32
00227 Senior Business Registration Representative (PT) $19.40 - $23.58
00228 Senior Customer Service Representative (PT) $18.46 - $22.44
00223 Senior Customer Service Representative/Dispatcher (PT) $17.56 - $21.35
00656 Senior Human Resources Technician $21.44 - $26.05
00213 Senior Librarian (PT) $28.92 - $35.15
00261 Senior Library Technician (PT) $22.53 - $27.39
00447 Traffic Signal Technician I (PT) $23.68 - $28.79
00448 Traffic Signal Technician II (PT) $26.17 - $31.81
00439 Traffic Operations & System Analyst (PT) $37.10 - $45.10
HOURLY RATES FROM DATE OF HIRE
Class
Code
Classification Title STEP
1
STEP
2
STEP
3
STEP 4 STEP
5
00361 Library Page (PT) $12.00 $12.13 $12.27 $12.40 $12.54
ANNUAL STEP INCREASE
Class
Code
Classification Title STEP
1
STEP
2
STEP
3
00133 Lifeguard (PT) $13.77 $14.45 $15.19
00283 Senior Lifeguard (PT) $15.65 $16.43 $17.26
00331 Pool Manager I (PT) $17.31 $18.19 $19.09
00333 Pool Manager II (PT) $18.74 $19.68 $20.66
00222 Recreation Aide (PT) $12.00 $12.60 $13.23
00244 Recreation Leader (PT) $12.55 $13.18 $13.83
00254 Recreation Specialist - Social & Cultural (PT) $15.38 $16.16 $16.96
00255 Recreation Specialist - Sports & Athletics (PT) $15.38 $16.16 $16.96
00257 Recreation Specialist - Food Service (PT) $15.38 $16.16 $16.96
00258 Recreation Specialist - Therapeutics (PT) $15.38 $16.16 $16.96
00206 Recreation Specialist - Theatre Tech (PT) $15.38 $16.16 $16.96
00294 Senior Recreation Leader (PT) $13.91 $14.61 $15.34
00259 Food Service Program Specialist (PT) $12.00 $12.60 $13.23
17.c
Packet Pg. 191 Attachment: HR.Basic Compensation Plan PT-Temp Employees - Exhibit A (5972 : Establish the Basic Compensation Plan for
18.a
Packet Pg. 192 Attachment: IT.5 Bars Terminate Contract.SR (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
The ruling does not allow for enough revenue to be collected to warrant services from
Five Bars LLC. The agreement was intended for marketing services which would
garner more site leases and revenue than the City could obtain on its own. So far, there
has been little interest in investing in our area. The limited marketing efforts by Five
Bars LLC have not proven to increase the market.
Currently, licenses would be charged an additional one time reservation fee by Five
Bars LLC of which a minor amount would be remitted to the City.
The City can terminate the agreement for convenience. The agreement would
terminate 180 days after the official notice.
The City has the option to terminate by default. If Five Bars LLC is not marketing the
sites, it would be considered a default. Five Bars LLC would have 60 days to cure a
non-monetary default.
2018-19 Goals and Objectives
The proposed termination supports Goal No. 6: Operate in a Fiscally Responsible and
Business-Like Manner. The contract is not providing the value that the City was
expecting to receive.
Fiscal Impact
It was expected that the development of small cell telecommunication sites would bring
in significant lease revenue to the City. However, the FCC regulations set the revenue
model for the City at $270 per site per year as opposed to the expected $1800 per site
per year. The initial projections estimated that there would be over 200 development
locations within the city. At this time the estimate for the next two years would be at
most 50 locations.
Conclusion
It is recommended that the Mayor and City Council authorize the City Manager or her
designee to terminate the agreement with Five Bars LLC for marketing of
telecommunication sites.
Attachments
Attachment 1 Agreement
Ward:
Synopsis of Previous Council Actions:
City Council Meeting: August 16, 2017 – Wireless Consulting Agreement with 5 Bars LLC
2/14/2019 9:08 AM
18.a
Packet Pg. 193 Attachment: IT.5 Bars Terminate Contract.SR (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 194 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 195 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 196 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 197 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 198 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 199 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 200 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 201 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 202 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 203 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 204 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 205 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 206 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 207 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 208 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 209 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 210 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 211 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 212 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 213 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 214 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 215 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 216 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 217 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 218 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 219 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 220 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 221 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 222 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 223 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 224 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
18.b
Packet Pg. 225 Attachment: IT.5bars-signed agreement 30aug2017 (5973 : Request to Terminate Marketing Agreement with Five Bars LLC)
19.a
Packet Pg. 226 Attachment: PW.Solid Waste Regulatory Status Final.SR (5974 : Presentation of California Integrated Waste Management Act of 1989 (AB 939)
The State of California through the 2014 passage of AB 1826 adopted requirements for
each commercial solid waste generator, including multi-family dwellings of five or more
units, to provide for organic waste recycling programs, and for each city or county to
implement organic waste recycling programs for commercial solid waste generators,
including specified multi-family dwellings of five or more units by April 1, 2016. The
scope of qualifying multi-family dwelling of five or more units gradually expands
overtime until January 1, 2020 when all such dwelling generating two cubic yards or
more of solid waste per week must receive organic service. These requirements are
generally referred to as Mandatory Organics Recycling (MORe). This will be the focus
of the next audit that CalRecycle will conduct starting in February.
The State of California through the 2014 passage of AB 1594 disallows cities and
counties from receiving landfill diversion credit from organic waste being used as
alternative daily cover effective January 1, 2020. CalRecycle will be initiating an audit
of City compliance to the organics (MOR) program requirements in February 2019.
Current Regulation Standard and City Performance
The current standard used by the State’s regulating body, CalRecycle, is that every
municipality must show a “good faith effort” in achieving all the regulations above.
The City of San Bernardino’s current education and outreach programs consist of MCR
and MORe waste assessments of every commercial business and multi-family dwelling
subject to AB 341 and AB 1826 (performed by Burrtec Waste industries), continuing
efforts to reach out to commercial accounts regarding recycling options with
newsletters, direct mail brochures, surveys, notices of noncompliance for MCR and
MORe, education and outreach at local elementary schools, advertisement of recycling
on 215 freeway marquee video board, and waste assessments of third party and/or
self-haul commercial accounts (performed by City staff).
Municipal Code
The City adopted Mandatory Commercial Recycling as part of the Municipal Code on
November 10, 2016. Municipal Code Section 8.24.090, Mandatory Commercial and &
Mult-family Recycling and Organic Recycling, specifically states, “Each commercial
generator shall be responsible for ensuring and demonstrating its compliance.” While to
Code mandates recycling, the City has taken an education, outreach and voluntary
participation approach. Accomplishments to date include outreach, education and waste
assessments to increase participation. The following two sections provide additional
data and performance measures that are used to evaluate success.
Outreach and Education
Since the transition of the City’s waste and recycling service provider in April of 2016,
Burrtec has instituted a comprehensive approach to commercial waste and recycling
services based on the following actions.
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Packet Pg. 227 Attachment: PW.Solid Waste Regulatory Status Final.SR (5974 : Presentation of California Integrated Waste Management Act of 1989 (AB 939)
• Burrtec Customer Service Representatives interact with commercial and
multifamily customers in person and via phone to inform/educate them of the law
and how to comply with MCR.
• When waste assessments are conducted, MCR messaging was incorporated into
waste audits offered by Burrtec.
• Burrtec continues to meet with the community through workshops and groups
such as leadership classes and the Chamber of Commerce and provide MCR
information as needed.
• Burrtec has a dedicated webpage for all multifamily residents and commercial
businesses in the city explaining that businesses and public entities generating
four (4) cubic yards or more of waste per week and multifamily residential
dwellings with five (5) units or more must receive recycling service.
• Burrtec's website contains links to the Department’s website to provide MCR
information to businesses/ multifamily complexes.
• Burrtec's hold message contains a message regarding MCR. When a customer
calls Burrtec and is placed on hold there is a loop played that has information
regarding MCR.
• Burrtec shares information regarding MCR via Facebook and Twitter account, as
needed.
• Burrtec newsletters are distributed to all businesses and multifamily accounts
two times a year regarding MCR.
• Billing statement messages included MCR information with service invoices. The
billing statement message provides an additional opportunity to raise awareness
of MCR to businesses and multifamily accounts.
• Burrtec mailed annual Mandatory Commercial Recycling/Mandatory Organics
Recycling Notices of Non-Compliance to businesses and multifamily dwellings
that are subject to MCR/MORe.
Current Implementation Data
Year Total
Commercial/Multi-
Family Accounts
Waste
Assessments
% Accounts
with
Assessments
completed
Accounts
with
Recycling
%
accounts
with
Recycling
2016 1838 281 15% 386 21%
2017 1919 506 26% 468 24%
2018 1907 2389 100% 641 34%
As the table above illustrates, the City and Burrtec are making progress, especially with
communication. However, the progress shown is not as positive as hoped. Changing
behavior is difficult. The City’s demographics and economic factors, high renter
turnover, absentee landlords, etc., increase the level of difficulty in developing the buy in
for these types of programs.
Additionally, the City has experience significant issues over the few years related to
budget, department leadership and resources. These issues are being address through
the recent hiring of a permanent Department Director, re-evaluating our existing
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Packet Pg. 228 Attachment: PW.Solid Waste Regulatory Status Final.SR (5974 : Presentation of California Integrated Waste Management Act of 1989 (AB 939)
Franchise Agreement, acquiring additional resources (such as hiring HF&H) and
actively seeking grant funding.
Recent Compliance Action
Though the City has multiple programs in place to promote recycling for commercial
businesses, the City currently finds itself in the Joint Compliance Unit (JCU) of
CalRecycle. The City is currently under investigation of the JCU for lack of recycling
participation among commercial accounts and good faith efforts for implementing
programs to promote recycling for commercial businesses and multi-family dwellings. It
has been expressed to the City that the JCU’s biggest concerns are the gaps in the
City’s MCR and enforcement ordinances.
On January 23, 2019, the City received notice from CalRecycle that, based on its
review, the City failed to make a good faith effort. As a result, CalRecycle enforcement
staff forward a recommendation to the City and the State of a 30-Day Notice of Intent to
Issue a Compliance Order for Failure to adequately implement MCR.
Enforcement Action Options for Increasing Compliance
The City continues to make progress in maintaining the disposal reduction requirements
of AB 939, recycling requirements of AB 341 and AB 1826. However, these efforts have
been voluntarily in nature. As the numbers show, volunteer programs have not resulted
in sufficient participation. Additional efforts are required for the City to improve and meet
the goal of diverting waste from landfill disposal. The next steps will need to shift into
mandatory programs and enforcement.
Following are three potential actions for the Council to consider for the 2019 and
beyond program efforts.
1. Immediately implement mandatory commercial/multi-family recycling with
existing Municipal Code and rate structure
• All commercial and Multi-family accounts will be required to receive
recycling of materials and organics. Each customer will receive all bins
required to comply with mandate as specified in the City’s current rate
structure. The minimum service would be established at one a week
recycling service for every customer. Each customer’s bill would
increase by $43 per month. Roll out of this program could begin
immediately and would be completed over the next year or so.
2. Mandatory Assessment and Service Subscription
• As with action #1 above, this would utilize the existing Municipal code
and rate structure. The City would hire a contractor to notify each
commercial/mult-family account, assist with right sizing service needs
for all three services and establish bins and billing. This program would
determine the base service sufficient for each customer. This could
result in mandatory recycling service more than once per week with the
applicable increase in monthly billing.
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Packet Pg. 229 Attachment: PW.Solid Waste Regulatory Status Final.SR (5974 : Presentation of California Integrated Waste Management Act of 1989 (AB 939)
3. Establish a new incentive based rate structure and revise Municipal Code
• This action would allow the City to work with Burrtec to create a
bundled rate structure that that would incentivizes participation. Each
customer would be billed for all recycling services in their base charge.
• The Municipal Code would be revised to include a penalty for a
customer that does not utilize the recycling portion of their billed
services. This program would take a significant amount of time to
develop and implement. Any new rate structure will require review,
analysis and public notification processes prior to adoption.
• Additionally, this would allow the City to be prepared for the upcoming
expanded organics recycling regulations mentioned above.
Staff feels any of the actions above would produce progress towards implementing the
required recycling programs. However, each has a different timeline and requirements
for implementation. Clearly, option 1 could be implemented the soonest, but could likely
have the greatest financial impact to our customers. Option 3 allows for potentially the
most cost effective service but has significant timelines for implementation.
With the ever increasing regulation, staff recommends the Council consider a
combination of actions #1 and #3. Immediate implementation of action #1 would bring
the City into compliance as soon as possible with the MCR regulations with as minimal
impact as possible. The simultaneous development of action #3 will allow us to begin
implementation of an aggressive organics recycling program in a second phase within
the next year.
Fiscal Impact
Amount requested: $300,000.00 (If #2 is recommended)
Account No. where funds will be deposited: 527-400-0001*5502
Account Description: Professional/Contractual Services (??????)
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review discuss and provide direction concerning the State of California’s
current status of solid waste regulatory and programmatic requirements and next steps
for ensuring compliance with Mandatory Commercial Recycling (MCR).
Attachments
Attachment 1 30-Day Notice of Intent to Issue the City of San Bernardino a
Compliance Order for Failure to Adequately Implement California's
Recycling of Commercial Solid Waste, referred to as the MCR
Attachment 2 Municipal Code Chapter 8.24 – Solid Waste Collection, Removal,
Disposal, Processing and Recycling
Ward: All
Synopsis of Previous Council Actions:
2/14/2019 9:12 AM
19.a
Packet Pg. 230 Attachment: PW.Solid Waste Regulatory Status Final.SR (5974 : Presentation of California Integrated Waste Management Act of 1989 (AB 939)
19.b
Packet Pg. 231 Attachment: PW.Solid Waste.Attachment 1 - 30-Day Notice of Intent Letter (City of San Bernardino)- 1-23-19 (5974 : Presentation of California
19.b
Packet Pg. 232 Attachment: PW.Solid Waste.Attachment 1 - 30-Day Notice of Intent Letter (City of San Bernardino)- 1-23-19 (5974 : Presentation of California
19.c
Packet Pg. 233 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
19.c
Packet Pg. 234 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 235 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 236 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 237 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 243 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 244 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 245 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 246 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 247 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 248 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 249 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 250 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 251 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 252 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 253 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 254 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 255 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 256 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 257 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 258 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 259 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 260 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 261 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 262 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 263 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
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Packet Pg. 264 Attachment: PW.Solid Waste.Attachment 2 - SB Municipal Code Chapter 8.24 (5974 : Presentation of California Integrated Waste Management
Staff Report
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Jim Mulvihill, Council Member Seventh Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: 33rd Annual Land Use Law & Planning Conference Update –
January 18, 2019
Recommendation
Receive an oral report by Council Member Jim Mulvihill.
Background
On January 18, 2019 Council Member Mulvihill attended the 33rd Annual Land Use Law
& Planning Conference in Los Angeles, California.
Discussion
Council Member will provide an oral report on the 33rd Annual Land Use Law & Planning
Conference at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attended the 33rd Annual Land Use Law & Planning Conference 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
An invoice amounting to $615.00 was submitted for the conference transportation fees
paid out of the Council Office “Meetings and Conferences” budget account number 001-
020-0023-5148.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the oral report.
Attachments
Attachment 1 § 532323- Government Code on Reporting Trips
Attachment 2 AB 1234 Report on Meetings Attended
Attachment 3 33rd Annual Land Use Law & Planning Overview
Attachment 4 California’s Housing Crisis in the Wake of Prop. 10
Attachment 5 Governor’s Office of Planning and Research Legislative Bill
Summary
Attachment 6 Transit-Oriented Development Opportunities among Failing Malls
20.a
Packet Pg. 265 Attachment: MCC.33rd Annual Land Use Law & Planning Conference Update - Mulvihill - 2-20-19 (5975 : 33Rd Annual Land Use Law & Planning
20.b
Packet Pg. 266 Attachment: MCC.33rd Annual Land Use Law & Planning Conference § 532323- Government Code on Reporting Trips(Attachment 1) - Copy
20.c
Packet Pg. 267 Attachment: MCC.33rd Annual Land Use Law & Planning Conference - AB1234 Report on Meeting (Attachment 2) (5975 : 33Rd Annual Land Use
20.d
Packet Pg. 268 Attachment: MCC.33rd Annual Land Use Law & Planning Conference Overview (Attachment 3) (5975 : 33Rd Annual Land Use Law & Planning
20.d
Packet Pg. 269 Attachment: MCC.33rd Annual Land Use Law & Planning Conference Overview (Attachment 3) (5975 : 33Rd Annual Land Use Law & Planning
20.d
Packet Pg. 270 Attachment: MCC.33rd Annual Land Use Law & Planning Conference Overview (Attachment 3) (5975 : 33Rd Annual Land Use Law & Planning
20.d
Packet Pg. 271 Attachment: MCC.33rd Annual Land Use Law & Planning Conference Overview (Attachment 3) (5975 : 33Rd Annual Land Use Law & Planning
20.e
Packet Pg. 272 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 273 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 274 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 275 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 276 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 277 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 278 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 279 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 280 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.e
Packet Pg. 281 Attachment: MCC.33rd Annual Attach 4 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.f
Packet Pg. 282 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
20.f
Packet Pg. 283 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 284 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 285 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 286 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 287 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 288 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 289 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 290 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 291 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 292 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 293 Attachment: MCC.33rd Annual Attach 5 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 294 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 295 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 296 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 303 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 304 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 305 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 306 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 307 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 308 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 310 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 311 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 312 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 313 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 315 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 316 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 317 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 320 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Packet Pg. 321 Attachment: MCC.33rd Annual Attach 6 (5975 : 33Rd Annual Land Use Law & Planning Conference Update – January 18, 2019)
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Staff Report
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: Henry Nickel, Fifth Ward Council Member
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: League of California Cities 2019 Policy Committee Update
Recommendation
Receive an oral report by Council Member Nickel.
Background
On January 18, 2019, Council Member Nickel attended the League of California Cities
Community Services Policy Committee Meeting in Sacramento, CA.
Discussion
Council Member will provide an oral report on the League of California Cities Community
Services Policy Committee Meeting at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attended the League of California Cities Community Services Policy Committee 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
Invoices amounting to $441.17 were submitted for the conference transportation fees
and parking expense paid out of the Council Office “Meetings and Conferences” budget
account number 001-020-0023-5146.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the oral report.
Attachments
Attachment 1 – § 532323- Government Code on Reporting Trips
Attachment 2 - AB 1234 Report on Meetings Attended
21.a
Packet Pg. 326 Attachment: MCC.LCC Policy Committee Meeting Update - Nickel 2-20-19 (5976 : League of California Cities 2019 Policy Committee Update)
Attachment 3 – Community Services Policy Committee Agenda
Attachment 4 – 2019 Community Services Policy Committee Schedule
21.a
Packet Pg. 327 Attachment: MCC.LCC Policy Committee Meeting Update - Nickel 2-20-19 (5976 : League of California Cities 2019 Policy Committee Update)
21.b
Packet Pg. 328 Attachment: MCC.LCC § 532323- Government Code on Reporting Trips(Attachment 1) (5976 : League of California Cities 2019 Policy
21.c
Packet Pg. 329 Attachment: MCC.LCC - AB1234 Report on Meeting (Attachment 2) (5976 : League of California Cities 2019 Policy Committee Update)
21.d
Packet Pg. 330 Attachment: MCC.LCC Community Services Policy Committee Agenda (Attachment 3) (5976 : League of California Cities 2019 Policy
21.e
Packet Pg. 331 Attachment: MCC.LCC Community Services Policy Committee Meeting dates (Attachment 4) (5976 : League of California Cities 2019 Policy
Staff Report
City of San Bernardino
Request for Council Action
Date: February 20, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: The United States Conference of Mayors – 87th Winter Meeting
Update – January 23-25, 2019
Recommendation
Receive an oral report by Mayor Valdivia.
Background
On January 23-25, 2019, Mayor Valdivia attended the United States Conference of
Mayors 87th Winter Meeting in Washington, DC.
Discussion
Mayor Valdivia will provide an oral report on the United States Conference of Mayors
87th Winter Meeting at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attended the United States Conference of Mayors 87th Winter Meeting 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
The estimated fiscal impact is $2900.00 and it will be paid out of the Mayor’s Office
“Meetings and Conferences” budget account number 001-010-0001-5132.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the oral report.
Attachments
Attachment 1 – § 532323- Government Code on Reporting Trips
Attachment 2 - AB 1234 Report on Meetings Attended
Attachment 3 – United States Conference of Mayors 87th Winter Meeting Agenda and
backup.
22.a
Packet Pg. 332 Attachment: MCC.United States Conference of Mayors 87th Winter Meeting Update 1-23-19 - Mayor Valdivia (5977 : The United States
22.b
Packet Pg. 333 Attachment: MCC USCM § 532323- Government Code on Reporting Trips(Attachment 1) x (5977 : The United States Conference of Mayors –
22.c
Packet Pg. 334 Attachment: MCC USCM AB 1234 REPORT ON MEETINGS ATTENDED(Attachment 2) (5977 : The United States Conference of Mayors – 87Th
22.d
Packet Pg. 335 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
22.d
Packet Pg. 336 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
22.d
Packet Pg. 337 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
22.d
Packet Pg. 338 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 339 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 340 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 341 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 342 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 343 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 344 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 345 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 346 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 347 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 348 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 349 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 350 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 351 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 352 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 353 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 354 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 355 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 356 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 357 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 358 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 359 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 360 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 361 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 362 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 363 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 364 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 365 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 366 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 367 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 368 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 369 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 370 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 371 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 372 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 373 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 374 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 375 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 376 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 377 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 378 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
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Packet Pg. 379 Attachment: MCC USCM 87th Winter Meeting Agenda and Backup (Attachment 3) (5977 : The United States Conference of Mayors – 87Th
23.a
Packet Pg. 380 Attachment: PD.COPPS-Staff Report (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
forwarded for review and discussion at a future Council meeting date. This is tentatively
planned to occur at either the March 20 or April 3 meeting.
2018-19 Goals and Objectives
The request to adopt the Community Oriented Policing and Problem Solving (COPPS)
philosophy and plan implementation aligns with Goal No. 2: Provide for the safety of
City residents and businesses. Improving the effectiveness of the Police department will
enable the City to improve public safety and better serve the City’s residents and
businesses.
Fiscal Impact
Future fiscal impact to be determined.
Conclusion
It is recommended that the Mayor and City Council Adopt Resolution No. 2019-29 of the
Mayor and City Council of the City of San Bernardino, California, adopting the
Community Oriented Policing and Problem Solving (COPPS) philosophy.
Attachments
Attachment 1 Resolution
Attachment 2 Mayor and City Council February 11, 2019 Staff Report-Community
Oriented Policing and Problem Solving (COPPS) Strategies
Ward:
Synopsis of Previous Council Actions:
February 11, 2019- Staff presented the Community Oriented Policing and Problem Solving (COPPS)
programs and philosophies for discussion.
2/15/2019 10:05 AM
23.a
Packet Pg. 381 Attachment: PD.COPPS-Staff Report (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
Resolution No. 2019-29
RESOLUTION NO. 2019-29 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE COMMUNITY ORIENTED POLICING
AND PROBLEM SOLVING (COPPS) PHILOSOPHY
WHEREAS, on February 11, 2019, the San Bernardino Police Department provided a
report regarding the Community Oriented Policing and Problem Solving (COPPS) program and
strategies; and
WHEREAS, the Community Oriented Policing and Problem Solving (COPPS) program
was determined to be an effective strategy in crime reduction and community visibility.
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 hereby adopts the Community Oriented Policing and Problem
Solving (COPPS) philosophy, as defined by the U.S Department of Justice, “a philosophy that
promotes organizational strategies that support the systematic use of partnerships and problem-
solving techniques to proactively address the immediate conditions that give rise to public safety
issues such as crime, social disorder, and fear of crime.”
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 __________, 2019.
John Valdivia, Mayor
City of San Bernardino
23.b
Packet Pg. 382 Attachment: PD.COPPS-Reso (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
Resolution No. 2019-29
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
23.b
Packet Pg. 383 Attachment: PD.COPPS-Reso (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
Resolution No. 2019-29
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
23.b
Packet Pg. 384 Attachment: PD.COPPS-Reso (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
23.c
Packet Pg. 385 Attachment: PD.COPPS-Attachment 2 (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
23.c
Packet Pg. 386 Attachment: PD.COPPS-Attachment 2 (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
23.c
Packet Pg. 387 Attachment: PD.COPPS-Attachment 2 (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
23.c
Packet Pg. 388 Attachment: PD.COPPS-Attachment 2 (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
23.c
Packet Pg. 389 Attachment: PD.COPPS-Attachment 2 (5978 : Community Oriented Policing and Problem Solving (COPPS) Philosophy)
24.a
Packet Pg. 390 Attachment: CM Guidelines for the Issuance of Temp Cannabis Special Event Permit.SR. (5979 : Adopt a Resolution Authorizing the
• Provision of a list of all vendors and participants and proof that each has State
approvals;
• Submission of insurance naming the City as an additional insured;
• Indemnification of the City and its elected and appointed officers and employees
by the applicant and the host;
• Alcohol regulation or prohibition in connection with the event; and
• Compliance with all County Fire Department requirements.
The guidelines may also provide that additional conditions may be imposed at the
discretion of City staff so long as they are directly related to ensuring health, safety and
welfare.
At this time, it is intended that applicants will only be permitted to apply for one permit in
a 12-month period and the City shall not approve more than four permits per year. In
accordance with Chapter 5.10, events may only occur at the National Orange Show
property.
Fiscal Impacts
Conditions may be imposed on the special event permits to cover all costs incurred by
the City.
Attachments
Attachment 1 Resolution No. 2019-30 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the establishment of
guidelines for the issuance of temporary cannabis special event
permits in accordance with Chapter 5.10
2/15/2019 10:59 AM
24.a
Packet Pg. 391 Attachment: CM Guidelines for the Issuance of Temp Cannabis Special Event Permit.SR. (5979 : Adopt a Resolution Authorizing the
Resolution No. 2019-30
RESOLUTION NO. 2019-30
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ESTABLISHMENT OF GUIDELINES
FOR THE ISSUANCE OF TEMPORARY CANNABIS
SPECIAL EVENT PERMITS
WHEREAS, on March 7, 2018, the City Council adopted Ordinance No. MC-1464, an
Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving
Commercial Cannabis Activity (Chapter 5.10 ) which was later approved by the voters; and
WHEREAS, it is the purpose and intent of Chapter 5.10 to regulate the cultivation,
processing, manufacturing, testing, sale, delivery, distribution and transportation of medicinal
and adult-use cannabis and cannabis products in a responsible manner to protect the health,
safety, and welfare of the residents of the City of San Bernardino and to enforce rules and
regulations consistent with State law; and
WHEREAS, it is the further purpose and intent of Chapter 5.10 to require all commercial
cannabis operators to obtain and renew, annually, a permit to operate within the City of San
Bernardino; and
WHEREAS, Chapter 5.10 authorized cannabis special events, but did not provide for
consistent permit application and review procedures that can be legally implemented; and
WHEREAS, the Mayor and City Council, in its discretion, may determine by Resolution
to establish guidelines for the implementation of the special event provisions of Chapter 5.10,
and
WHEREAS, the Mayor and City Council now desire to do so.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above state Recitals are true and
hereby adopt and incorporate them herein.
SECTION 2. The City Manager shall be authorized to establish special event permit
guidelines for temporary cannabis events at the National Orange Show.
SECTION 3. Nothing in this Resolution creates a mandate that the Mayor or City
Council or the City Manager must issue any temporary cannabis special events if it is determined
that the applicants do not meet the appropriate criteria.
SECTION 4. The establishment of the guidelines is exempt under California
Environmental Quality Act (CEQA) and the CEQA Guidelines section 15061 (b)(3) and 15378.
CEQA only applies to an activity with the potential for causing a significant effect on the
24.b
Packet Pg. 392 Attachment: CM.Guidelines for the Issuance of Temp Cannabis Special Event Permits.Reso (5979 : Adopt a Resolution Authorizing the
Resolution No. 2019-30
environment. It can be seen that there is no possibility that this activity will have a significant
effect on the environment and it is therefore exempt from CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
24.b
Packet Pg. 393 Attachment: CM.Guidelines for the Issuance of Temp Cannabis Special Event Permits.Reso (5979 : Adopt a Resolution Authorizing the
Resolution No. 2019-30
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
VALDIVIA _____ _____ _______ _______
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
24.b
Packet Pg. 394 Attachment: CM.Guidelines for the Issuance of Temp Cannabis Special Event Permits.Reso (5979 : Adopt a Resolution Authorizing the
25.a
Packet Pg. 395 Attachment: PD.Disaster Council 2019 Ordinance.Staff Report (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
practices of emergency management or disaster preparedness and was reflective of the
former City Charter.
The Ordinance reestablishing Chapter 2.46 of the Municipal Code reflects the changes
to the Charter and current standards to ensure the City is in line with the requirements
established by FEMA and the California Office of Emergency Services. Chapter 2.46
will serve as the blueprint for how the City responds to emergencies as it provides the
legal basis for the City’s emergency organization. By adopting the attached Urgency
Ordinance, and subsequently the regular Ordinance, the City Council will provide for the
emergency organization, powers and duties, divisions, services, and staff of the
organization.
The Disaster Council is responsible for developing and recommending for adoption by
the Mayor and City Council, the City’s emergency plan, mutual aid plans, agreements,
ordinances, resolutions, rules, and regulations as may be necessary to implement such
plans and agreements. With an accredited disaster council, the City will be able to
utilize volunteer disaster service workers and benefits through the Disaster Service
Workers Volunteer Program, which provides duly registered volunteers with workers’
compensation coverage in the event of injury while performing authorized disaster
duties.
2018-19 Goals and Objectives
The recommended actions align with Goal 2 – Provide for the Safety of City Residents
and Business. By creating a Disaster Council, the City takes steps to reduce crime and
ensure that neighborhoods and business areas are safe during emergencies, to recruit
and retain the highest caliber public safety personnel, and to maintain or improve
emergency response times.
The recommended actions also align with Goal 5 – Improve City Government
Operations. By creating a Disaster Council, the City ensures that it establishes and
maintains clear roles and lines of authority during emergencies and that it develops and
maintains consistent messaging during emergencies.
Finally, the recommended actions align with Goal 7 – Pursue City Goals and Objectives
by Working with other Agencies. By creating a Disaster Council, the City will enable
efficient and effective working with federal, state, county, and/or regional governments,
tribes, governmental agencies, and organizations during emergencies to ensure that the
City receives its fair share of resources.
Fiscal Impact
No fiscal impact to the City.
2/14/2019 9:07 AM
25.a
Packet Pg. 396 Attachment: PD.Disaster Council 2019 Ordinance.Staff Report (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
Conclusion
It is recommended that the Mayor and City Council:
1. Adopt Urgency Ordinance MC 1514 of the Mayor and City Council of the City of
San Bernardino, California adding a new Chapter 2.46 to the San Bernardino
Municipal Code pertaining to the Disaster Council; and
2. Introduce for first reading, read by title only, and waive further reading of
Ordinance MC 1515 of the Mayor and City Council of the City of San Bernardino,
California adding a new Chapter 2.46 to the San Bernardino Municipal Code
pertaining to the Disaster Council.
Attachments
Attachment 1 Proposed Urgency Ordinance MC 1514
Attachment 2 Proposed Ordinance MC 1515
Ward: All
2/21/18 – City Council adopts Ordinance No. MC-1459, repealing Chapter 2.46 and Disaster
Council provisions.
2/14/2019 9:07 AM
25.a
Packet Pg. 397 Attachment: PD.Disaster Council 2019 Ordinance.Staff Report (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
URGENCY ORDINANCE NO. MC 1514
AN URGENCY ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA ADDING A NEW CHAPTER 2.46 TO THE
SAN BERNARDINO MUNICIPAL CODE PERTAINING TO
THE DISASTER COUNCIL
WHEREAS, on June 16, 1949, the State of California accredited the City’s Disaster
Council; and
WHEREAS, on February 19, 1951, the Mayor and City Council adopted a Mutual Aid
Agreement Resolution; and
WHEREAS, on June 29, 1971, the Mayor and City Council adopted an Emergency
Ordinance;
WHEREAS, on June 20, 1982, the Mayor and City Council adopted a Disaster Service
Worker’s Resolution; and
WHEREAS, on October 17, 1990, the Mayor and City Council adopted the City’s
Emergency Ordinance; and
WHEREAS, the City now desires to amend the San Bernardino Municipal Code to re-
establish the Disaster Council and Mutual Aid Agreement.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference. In accordance with California Government Code section 36937 and in order to protect
the public health, safety, and welfare, the Mayor and City Council also make the following
findings in support of the urgent nature of this Ordinance:
A. The Mayor and City Council find that this Urgency Ordinance is enacted in order to
protect the public health, safety, and welfare by establishing a Disaster Council for the purpose
of providing for the preparation and execution of plans for the protection of persons and property
within the City of San Bernardino and in the event of an emergency. When an emergency
situation arises, there must be clear hierarchy and authority for the City to take actions, alone and
in coordination with other public agencies, corporations, organizations and affected private
persons and entities, in order to protect the public health, safety, and welfare of the City’s
residents. The City knows well that an emergency can strike suddenly and unannounced, as
happened on December 2, 2015 when fourteen (14) people were killed and twenty-two (22)
people were injured in a terrorist attack at the Inland Regional Center in the City of San
Bernardino. The City must be able to mobilize, organize, and respond immediately and
efficiently. The Mayor and City Council find that this Urgency Ordinance, re-establishing a
Disaster Council and Mutual Aid Agreement, is necessary for the City to be able to adequately
respond to and operate in emergency situations.
25.b
Packet Pg. 398 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
Urgency Ordinance No. MC 1514
SECTION 2. Chapter 2.46 is hereby added to Title 2 of the San Bernardino Municipal
Code to read as follows:
“ Chapter 2.46
DISASTER COUNCIL
Sections:
2.46.010 Purpose
2.46.020 Definition
2.46.030 Disaster Council Membership
2.46.040 Disaster Council Powers and Duties
2.46.050 Director and Assistant Director of Emergency Services
2.46.060 Office of Emergency Management
2.46.070 Standardized Emergency Management System
2.46.080 National Incident Management System
2.46.090 Powers and Duties of the Director and Assistant Director of
Emergency Services
2.46.100 Emergency Organization
2.46.110 Expenditures
2.46.120 Violations
2.46.130 Excessive Price Increases Prohibited
2.46.010 Purpose
The purpose of this chapter is to provide for the preparation and execution of plans for the
protection of persons and property within the City of San Bernardino in the event of an
emergency. This chapter shall provide for the direction of the emergency organization and the
coordination of the emergency functions with all other public agencies, corporations,
organizations and affected private persons and entities.
2.46.020 Definition
For purposes of this chapter, “emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within this
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest,
or earthquake, or other conditions, including conditions resulting from war or imminent threat of
war, but other than conditions resulting from a labor controversy, which conditions are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of the City,
requiring the combined forces of other political subdivisions to combat.
2.46.030 Disaster Council Membership
The San Bernardino Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall be Chair;
B. The Director of Emergency Services, who shall be Vice Chair;
25.b
Packet Pg. 399 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
Urgency Ordinance No. MC 1514
C. The Assistant Director of Emergency Services;
D. Such Chiefs of Emergency Service as may be provided for in a current emergency plan of
the City adopted pursuant to this chapter; and
E. Such other representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed by the
Director with the advice and consent of the City Council.
2.46.040 Disaster Council Powers and Duties
The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the
absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council,
and it is hereby empowered, to develop and recommend for adoption by the Mayor and City
Council, the City’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules,
and regulations as may be necessary to implement such plans and agreements. The City’s
emergency plan shall provide for the effective mobilization of all the City’s resources, both
public and private, to meet any condition constituting a local emergency, state of emergency, or
state of war emergency and shall provide for the organization, powers and duties, services, and
staff of the emergency organization. Such plan shall take effect upon the adoption of a
resolution by the Mayor and City Council.
2.46.050 Director and Assistant Director of Emergency Services
A. There is hereby created the position of Director of Emergency Services. The City
Manager shall be the Director of Emergency Services.
B. There is hereby created the position of Assistant Director of Emergency Services, who
shall be appointed by the Director. When the Director of Emergency Services is not
available, the Assistant Director of Emergency Services shall become Acting Director
and assume the powers and duties of the Director.
2.46.060 Office of Emergency Management
There is hereby created the Office of Emergency Management, which shall act at the will of the
Director of Emergency Services. The Emergency Manager of the City of San Bernardino shall
manage the day-to-day affairs of the emergency management program and have certain other
emergency management functions as specified.
2.46.070 Standardized Emergency Management System
In accordance with section 8607 of the Government Code, the City of San Bernardino hereby
adopts the Standardized Emergency Management System (“SEMS”) framework. The SEMS
framework includes the use of the Incident Command System (“ICS”), multiagency or
interagency coordination, participation in the Master Mutual Aid Agreement, and operational
area concept.
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Packet Pg. 400 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
Urgency Ordinance No. MC 1514
2.46.080 National Incident Management System
In accordance with Homeland Security Presidential Directive 5 (Feb. 28, 2003), the City of San
Bernardino hereby adopts the National Incident Management System (“NIMS”) framework. The
NIMS framework includes the use of the Standardized Emergency Management System and the
Incident Command System, multiagency or interagency coordination, participation in the Master
Mutual Aid Agreement, and the operational area concept.
2.46.090 Powers and Duties of the Director and Assistant Director of Emergency
Services
A. The Director is hereby empowered to:
(1) Request the Mayor and City Council to proclaim the existence or threatened
existence of a “local emergency,” if the City Council is in session, or to issue such
proclamation, if the City Council is not in session. Whenever a local emergency
is proclaimed by the Director, the Mayor and City Council shall take action to
ratify the proclamation within seven (7) days thereafter or the proclamation shall
have no further force or effect;
(2) Request the Governor to proclaim a “state of emergency” when, in the opinion of
the Director, the circumstances are beyond the City’s capacity to adequately
respond to or recover from the emergency;
(3) Control and direct the efforts of the City’s emergency organization for the
accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of this
emergency organization and resolve questions of authority and responsibility that
may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein;
(6) In the event of the proclamation of a “local emergency” as herein provided, the
proclamation of a “state of emergency” by the Governor, or the existence of a
“state of war emergency,” the Director is hereby further empowered:
(a) To make and issue rules and regulations on matters reasonably related to
the protection of life and property as affected by such emergency,
provided, however, that such rules and regulations are confirmed at the
earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to bind the
jurisdiction for the fair value thereof and, if required immediately, to
commandeer the same for public use;
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Urgency Ordinance No. MC 1514
(c) To require emergency services of any officer or employee and, in the
event of the proclamation of a “state of emergency” in the County of San
Bernardino or the existence of a “state of war emergency,” to command
the aid of as many residents of the City as may be necessary in the
execution of duties, provided that all such persons are given all privileges,
benefits, and immunities as are provided by state law for registered
disaster services workers;
(d) To requisition necessary personnel or material of the departments or
agencies; and
(e) To execute all ordinary power as City Manager, all of the special powers
conferred by this ordinance or by resolution or emergency plan adopted
pursuant to this chapter, all powers conferred by any statute, by any
agreement approved by the Mayor and City Council, and by any other
lawful authority.
B. The Director shall designate the order of succession to that office, to take effect in the
event the director is unavailable to attend meetings and otherwise perform duties during
an emergency. Such order of succession shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance
of the Chiefs of Emergency Services, develop emergency plans, manage the emergency
programs of the City, and have such other powers and duties as may be assigned to him
or her by the Director.
2.46.100 Emergency Organization
All officers and employees, together with those volunteer forces enrolled to aid them during an
emergency, and all groups, organizations, and persons who may by agreement or by operation of
law, including persons impressed into service under the provisions of this chapter, be charged
with duties incident to the protection of life and property in the City during such emergency,
shall constitute the emergency organization of the City.
2.46.110 Expenditures
Any expenditure made in connection with emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and
property of the City.
2.46.120 Violations
It shall be a misdemeanor punishable by a fine not to exceed one-thousand dollars ($1,000) or by
imprisonment not to exceed six months, or both, for any person to, during an emergency:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter or in the
performance of any duty imposed upon him or her by virtue of this chapter;
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Urgency Ordinance No. MC 1514
B. Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to
this chapter, if such act or omission is of such nature as to give assistance to the enemy or
imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay
the defense or protection thereof;
C. Wear, carry, or display without proper authority any means of identification specified by
the emergency agency of the state.
2.46.130 Excessive Price Increases Prohibited
A. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or natural or manmade disaster declared by the President of the United
States or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster, and for a
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for any person, contractor, business, or other entity to sell or offer to sell any consumer
food items or goods, goods or services used for emergency cleanup, emergency supplies
or medical supplies, home heating oil, building materials, housing, transportation, freight,
and storage services, or gasoline or other motor fuels for an amount that exceeds ten (10)
percent of the price charged by such person immediately prior to the proclamation or
declaration of emergency, provided, however, that this prohibition shall not apply upon
demonstration that the increase in price is directly attributable to additional costs imposed
by the supplier of the goods or additional costs of providing such goods or services
during the state of emergency and the price represents no more than ten (10) percent
above the total of the cost to the seller plus the markup customarily applied by the seller
for such goods or services in the usual course of business immediately prior to the onset
of the state of emergency.
B. Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil
unrest, or storm declared by the President of the United States or the Governor, or upon
the declaration of a local emergency resulting from an earthquake, flood, fire, civil
unrest, or storm, and for a period of one-hundred and eighty (180) days following such
proclamation or declaration, it shall be unlawful for a contractor to sell or offer to sell any
repair or reconstruction services or any services used in emergency cleanup for a price of
more than ten (10) percent above the price charged by that person for those services
immediately prior to the proclamation or declaration of emergency. However, a greater
price increase shall not be unlawful if that person can demonstrate that the increase in
price is directly attributable to the additional costs imposed by the contractor’s supplier or
to the additional costs of providing the service during the state of emergency and the
price represents no more than ten (10) percent above the total of the cost to the contractor
plus the markup customarily applied by the contractor for such goods or services in the
usual course of business immediately prior to the onset of the state of emergency.
C. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or other natural disaster declared by the President of the United States
or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or other natural or manmade disaster, and for a
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Packet Pg. 403 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
Urgency Ordinance No. MC 1514
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates,
as advertised immediately prior to the proclamation or declaration of emergency, by more
than ten (10) percent. However, a greater price increase shall not be unlawful if the
owner or operator can demonstrate that the increase in price is directly attributable to the
additional costs imposed on him or her for goods or labor used in his or her business, to
seasonal adjustments in rates that are regularly scheduled, or to previously contracted
rates.
D. The provisions of this section may be extended for an additional thirty (30) day period by
the Mayor and City Council if such extension is deemed necessary to protect the lives,
property, or welfare of the residents of the City.
The definitions set forth in section 396 of the Penal Code, as amended, shall be effective as
definitions of the words, terms, and phrases used in this section. ”
SECTION 3. Effective Date. This Urgency Ordinance was adopted by the necessary
four-fifths vote of the members of the City Council pursuant to California Government Code
Sections 36934 and 36937, and shall take effect immediately upon passage.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 20th day of February, 2019.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
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Packet Pg. 404 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
Urgency Ordinance No. MC 1514
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 405 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
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
Urgency Ordinance No. _____, approved, passed and adopted at a regular meeting held the 20th
day of February, 2019 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 406 Attachment: PD.Disaster Council 2019 Urgency Ordinance MC1514 (5980 : Urgency Ordinance and Regular Ordinance Relating to the
ORDINANCE NO. MC 1515
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
ADDING A NEW CHAPTER 2.46 TO THE SAN
BERNARDINO MUNICIPAL CODE PERTAINING TO THE
DISASTER COUNCIL
WHEREAS, on June 16, 1949, the State of California accredited the City’s Disaster
Council; and
WHEREAS, on February 19, 1951, the Mayor and City Council adopted a Mutual Aid
Agreement Resolution; and
WHEREAS, on June 29, 1971, the Mayor and City Council adopted an Emergency
Ordinance;
WHEREAS, on June 20, 1982, the Mayor and City Council adopted a Disaster Service
Worker’s Resolution; and
WHEREAS, on October 17, 1990, the Mayor and City Council adopted the City’s
Emergency Ordinance; and
WHEREAS, the City now desires to amend the San Bernardino Municipal Code to re-
establish the Disaster Council and Mutual Aid Agreement.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 2.46 is hereby added to Title 2 of the San Bernardino Municipal
Code to read as follows:
“ Chapter 2.46
DISASTER COUNCIL
Sections:
2.46.010 Purpose
2.46.020 Definition
2.46.030 Disaster Council Membership
2.46.040 Disaster Council Powers and Duties
2.46.050 Director and Assistant Director of Emergency Services
2.46.060 Office of Emergency Management
2.46.070 Standardized Emergency Management System
2.46.080 National Incident Management System
2.46.090 Powers and Duties of the Director and Assistant Director of
Emergency Services
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Ordinance No. MC 1515
2.46.100 Emergency Organization
2.46.110 Expenditures
2.46.120 Violations
2.46.130 Excessive Price Increases Prohibited
2.46.010 Purpose
The purpose of this chapter is to provide for the preparation and execution of plans for the
protection of persons and property within the City of San Bernardino in the event of an
emergency. This chapter shall provide for the direction of the emergency organization and the
coordination of the emergency functions with all other public agencies, corporations,
organizations and affected private persons and entities.
2.46.020 Definition
For purposes of this chapter, “emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within this
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest,
or earthquake, or other conditions, including conditions resulting from war or imminent threat of
war, but other than conditions resulting from a labor controversy, which conditions are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of the City,
requiring the combined forces of other political subdivisions to combat.
2.46.030 Disaster Council Membership
The San Bernardino Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall be Chair;
B. The Director of Emergency Services, who shall be Vice Chair;
C. The Assistant Director of Emergency Services;
D. Such Chiefs of Emergency Service as may be provided for in a current emergency plan of
the City adopted pursuant to this Chapter; and
E. Such other representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed by the
Director with the advice and consent of the City Council.
2.46.040 Disaster Council Powers and Duties
The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the
absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council,
and it is hereby empowered, to develop and recommend for adoption by the Mayor and City
Council, the City’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules,
and regulations as may be necessary to implement such plans and agreements. The City’s
emergency plan shall provide for the effective mobilization of all the City’s resources, both
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Ordinance No. MC 1515
public and private, to meet any condition constituting a local emergency, state of emergency, or
state of war emergency and shall provide for the organization, powers and duties, services, and
staff of the emergency organization. Such plan shall take effect upon the adoption of a
resolution by the Mayor and City Council.
2.46.050 Director and Assistant Director of Emergency Services
A. There is hereby created the position of Director of Emergency Services. The City
Manager shall be the Director of Emergency Services.
B. There is hereby created the position of Assistant Director of Emergency Services, who
shall be appointed by the Director. When the Director of Emergency Services is not
available, the Assistant Director of Emergency Services shall become Acting Director
and assume the powers and duties of the Director.
2.46.060 Office of Emergency Management
There is hereby created the Office of Emergency Management, which shall act at the will of the
Director of Emergency Services. The Emergency Manager of the City of San Bernardino shall
manage the day-to-day affairs of the emergency management program and have certain other
emergency management functions as specified.
2.46.070 Standardized Emergency Management System
In accordance with section 8607 of the Government Code, the City of San Bernardino hereby
adopts the Standardized Emergency Management System (“SEMS”) framework. The SEMS
framework includes the use of the Incident Command System (“ICS”), multiagency or
interagency coordination, participation in the Master Mutual Aid Agreement, and operational
area concept.
2.46.080 National Incident Management System
In accordance with Homeland Security Presidential Directive 5 (Feb. 28, 2003), the City of San
Bernardino hereby adopts the National Incident Management System (“NIMS”) framework. The
NIMS framework includes the use of the Standardized Emergency Management System and the
Incident Command System, multiagency or interagency coordination, participation in the Master
Mutual Aid Agreement, and the operational area concept.
2.46.090 Powers and Duties of the Director and Assistant Director of Emergency
Services
A. The Director is hereby empowered to:
(1) Request the Mayor and City Council to proclaim the existence or threatened
existence of a “local emergency,” if the City Council is in session, or to issue such
proclamation, if the City Council is not in session. Whenever a local emergency
is proclaimed by the Director, the Mayor and City Council shall take action to
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Ordinance No. MC 1515
ratify the proclamation within seven (7) days thereafter or the proclamation shall
have no further force or effect;
(2) Request the Governor to proclaim a “state of emergency” when, in the opinion of
the Director, the circumstances are beyond the City’s capacity to adequately
respond to or recover from the emergency;
(3) Control and direct the efforts of the City’s emergency organization for the
accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of this
emergency organization and resolve questions of authority and responsibility that
may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein;
(6) In the event of the proclamation of a “local emergency” as herein provided, the
proclamation of a “state of emergency” by the Governor, or the existence of a
“state of war emergency,” the Director is hereby further empowered:
(a) To make and issue rules and regulations on matters reasonably related to
the protection of life and property as affected by such emergency,
provided, however, that such rules and regulations are confirmed at the
earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to bind the
jurisdiction for the fair value thereof and, if required immediately, to
commandeer the same for public use;
(c) To require emergency services of any officer or employee and, in the
event of the proclamation of a “state of emergency” in the County of San
Bernardino or the existence of a “state of war emergency,” to command
the aid of as many residents of the City as may be necessary in the
execution of duties, provided that all such persons are given all privileges,
benefits, and immunities as are provided by state law for registered
disaster services workers;
(d) To requisition necessary personnel or material of the departments or
agencies; and
(e) To execute all ordinary power as City Manager, all of the special powers
conferred by this ordinance or by resolution or emergency plan adopted
pursuant to this chapter, all powers conferred by any statute, by any
agreement approved by the Mayor and City Council, and by any other
lawful authority.
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Ordinance No. MC 1515
B. The Director shall designate the order of succession to that office, to take effect in the
event the director is unavailable to attend meetings and otherwise perform duties during
an emergency. Such order of succession shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance
of the Chiefs of Emergency Services, develop emergency plans, manage the emergency
programs of the City, and have such other powers and duties as may be assigned to him
or her by the Director.
2.46.100 Emergency Organization
All officers and employees, together with those volunteer forces enrolled to aid them during an
emergency, and all groups, organizations, and persons who may by agreement or by operation of
law, including persons impressed into service under the provisions of this chapter, be charged
with duties incident to the protection of life and property in the City during such emergency,
shall constitute the emergency organization of the City.
2.46.110 Expenditures
Any expenditure made in connection with emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and
property of the City.
2.46.120 Violations
It shall be a misdemeanor punishable by a fine not to exceed one-thousand dollars ($1,000) or by
imprisonment not to exceed six months, or both, for any person to, during an emergency:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter or in the
performance of any duty imposed upon him or her by virtue of this chapter;
B. Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to
this chapter, if such act or omission is of such nature as to give assistance to the enemy or
imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay
the defense or protection thereof;
C. Wear, carry, or display without proper authority any means of identification specified by
the emergency agency of the state.
2.46.130 Excessive Price Increases Prohibited
A. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or natural or manmade disaster declared by the President of the United
States or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster, and for a
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for any person, contractor, business, or other entity to sell or offer to sell any consumer
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Packet Pg. 411 Attachment: PD.Disaster Council 2019 Ordinance MC1515-c2 (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
Ordinance No. MC 1515
food items or goods, goods or services used for emergency cleanup, emergency supplies
or medical supplies, home heating oil, building materials, housing, transportation, freight,
and storage services, or gasoline or other motor fuels for an amount that exceeds ten (10)
percent of the price charged by such person immediately prior to the proclamation or
declaration of emergency, provided, however, that this prohibition shall not apply upon
demonstration that the increase in price is directly attributable to additional costs imposed
by the supplier of the goods or additional costs of providing such goods or services
during the state of emergency and the price represents no more than ten (10) percent
above the total of the cost to the seller plus the markup customarily applied by the seller
for such goods or services in the usual course of business immediately prior to the onset
of the state of emergency.
B. Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil
unrest, or storm declared by the President of the United States or the Governor, or upon
the declaration of a local emergency resulting from an earthquake, flood, fire, civil
unrest, or storm, and for a period of one-hundred and eighty (180) days following such
proclamation or declaration, it shall be unlawful for a contractor to sell or offer to sell any
repair or reconstruction services or any services used in emergency cleanup for a price of
more than ten (10) percent above the price charged by that person for those services
immediately prior to the proclamation or declaration of emergency. However, a greater
price increase shall not be unlawful if that person can demonstrate that the increase in
price is directly attributable to the additional costs imposed by the contractor’s supplier or
to the additional costs of providing the service during the state of emergency and the
price represents no more than ten (10) percent above the total of the cost to the contractor
plus the markup customarily applied by the contractor for such goods or services in the
usual course of business immediately prior to the onset of the state of emergency.
C. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire,
civil unrest, storm, or other natural disaster declared by the President of the United States
or the Governor, or upon the declaration of a local emergency resulting from an
earthquake, flood, fire, civil unrest, storm, or other natural or manmade disaster, and for a
period of thirty (30) days following such proclamation or declaration, it shall be unlawful
for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates,
as advertised immediately prior to the proclamation or declaration of emergency, by more
than ten (10) percent. However, a greater price increase shall not be unlawful if the
owner or operator can demonstrate that the increase in price is directly attributable to the
additional costs imposed on him or her for goods or labor used in his or her business, to
seasonal adjustments in rates that are regularly scheduled, or to previously contracted
rates.
D. The provisions of this section may be extended for an additional thirty (30) day period by
the Mayor and City Council if such extension is deemed necessary to protect the lives,
property, or welfare of the residents of the City.
The definitions set forth in section 396 of the Penal Code, as amended, shall be effective as
definitions of the words, terms, and phrases used in this section. ”
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Packet Pg. 412 Attachment: PD.Disaster Council 2019 Ordinance MC1515-c2 (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
Ordinance No. MC 1515
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March, 2019.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 413 Attachment: PD.Disaster Council 2019 Ordinance MC1515-c2 (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC 1514, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 20th day of February, 2019. Ordinance No. MC 1515
was approved, passed and adopted at a regular meeting held the 6th day of March, 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
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Packet Pg. 414 Attachment: PD.Disaster Council 2019 Ordinance MC1515-c2 (5980 : Urgency Ordinance and Regular Ordinance Relating to the Formation of a