HomeMy WebLinkAbout09-16-2020 Final PacketIMPORTANT
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CITY OF SAN BERNARDINO
AGENDA
FOR THE
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, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, SEPTEMBER 16, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
W EB-CONFERENCE VIA ZOOM • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Jim Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o There is a 3 minute time limit, per person, 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 Please contact the City Clerk’s Office (909) 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.
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 9/11/2020
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 Jim Mulvihill
Mayor John Valdivia
City Clerk Genoveva Rocha
City Attorney Sonia Carvalho
City Manager Teri Ledoux
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Miller v. City of San Bernardino et al., San Bernardino Superior Court
Case No. CIVDS 2015337
ii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS2003802
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant
exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): one case
(see attached letter).
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
2. Proclamation for Rail Safety Week - Mayor John Valdivia
3. Proclamation for Prostate Cancer Awareness - Mayor John Valdivia
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 9/11/2020
STAFF REPORTS
4. Professional Services Agreement with PlaceWorks for Professional Planning
Services
Recommendation
Adopt Resolution No. 2020-231 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between PlaceWorks and the City of San Bernardino to
prepare a comprehensive update to the General Plan, the creation of a Downtown
Specific Plan, and an update of the Development Code and other related services
(Attachment 1).
5. Meadowbrook Insurance Claim Funds
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino ,
California, receive a presentation and provide direction to staff regarding project
programming for the remainder of Meadowbrook Bridge insurance claim funds.
6. Code Amendment Sidewalk Vending
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance MC -1545 of
the Mayor and City Council of the City of San Bernardino, California, adopting the
Code Amendment to Section 5.30.120 and various Sections of Chapter 8.01 to
make clear the City’s authority to enforce its Environmental Health Code
(Attachment 1); and
2. Schedule the final reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 7, 2020.
7. League of California Cities Annual Conference Resolution Packet
Recommendation
Review, discuss, and provide direction to the City's assigned delegate regarding the
City's position on the League of California Cities Annual Conference Resolution calling
for an amendment of Section 230 of the Communications Decency Act of 1996 to
require social media companies to remove materials which promote criminal activities.
8. Introduce First Reading of an Ordinance Imposing a Local Campaign Finance
Contribution Limit
Recommendation
Introduce First Reading of Ordinance MC-1542, adding section 2.56.090
establishing no campaign contribution limit requirements for elected officials within
the City of San Bernardino.
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 9/11/2020
PUBLIC HEARINGS
9. Substantial Amendment to the Fiscal Year 2020/21 Annual Action Plan
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold a public hearing, adopt a Substantial Amendment to the FY 2020/21
Action Plan, and
1. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to
the Substantial Amendment to the Fiscal Year 2020/21 Action Plan;
2. Direct the Finance Director to establish new funds and associated accounts for
the Community Development Block Grant (CDBG-CV1), the Emergency
Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial
Amendment to the Fiscal Year 2020/21 Action Plan;
3. Direct the Finance Director to establish an account in the Low Mod Housing Fund
(Fund 127), in the amount of $1,049,000 for the Seccombe Park Housing Project,
and reduce the budget for the project under HOME fund 116 by the same; and
4. Authorize the City Manager or designee to take any further actions and execute
any further documents and certifications as m ay be necessary to effectuate the
submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan.
10. Public Hearing on Annexation No. 6 to Community Facilities District 2019-1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-223 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the are proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 6); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2020-224 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 6); and
5. Introduce Ordinance No. MC-1543 of the Mayor and City Council of the City of
San Bernardino, California, amending Ordinance No. MC -1522 and levying
special taxes to be collected during Fiscal Year 2020 -21 to pay the annual costs
of the maintenance and servicing of landscaping, lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019 -1
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 9/11/2020
(Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1543 for October 7,
2020.
CONSENT CALENDAR
11. July 2020 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 August 2020.
12. Approval of Draft Minutes for the Regular Meeting of April 15, 2020.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the April 15, 2020 Mayor and City Council
meeting.
13. Sister Cities International Membership Dues
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize
the Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget by
appropriating $1,030 from the Cultural Development Fund for the Sister City
International Membership dues.
14. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for August 2020.
15. Adopt a Resolution Affirming that Racism is a Public Health Crisis
Recommendation
Adopt Resolution No. 2020-232 of the Mayor and City Council of the City of San
Bernardino, California, affirming that racism is a public health crisis.
16. Senior Nutrition Program Grant Award FY 2020/21
Recommendation
Adopt Resolution No. 2020-225 of the Mayor and City Council of the City of San
Bernardino, California to:
1. Ratify the Grant Budget submittal and accept the Grant Award of $379,581; and
2. Authorize the Director of Finance or designee to amend the FY 2020/21 adopted
budget to reflect grant revenue and expenditures accordingly; and
3. Approve certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2020 through June 30, 2021.
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 9/11/2020
17. Co-Operative Agreement with County of San Bernardino for Arrowhead Farm
Area Street Rehabilitation
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-227 to approve the Cooperative Funding
Agreement with the County of San Bernardino for the Arrowhead Farm Area Street
Rehabilitation ("Project"); and amend the FY 2020/21 Capital Improvement
Program to include the Project and establish Project budgets in the amount of
$490,000 in Measure I Fund 129.
18. Award of Construction Contract for Pavement Rehabilitation at Eight
Locations
Recommendation
It is recommended that the Mayor and City Council of the City of Sa n Bernardino,
California, adopt Resolution No. 2020-228:
1. Approving a total project budget for pavement rehabilitation at eight locations
(“Project”) the in the amount of $3,680,000 to include a construction contract in
the amount of $3,196,338, project contingencies in the amount of $323,662, and
engineering and inspection budgets in the amount of $160,000; and
2. Approving the award of a construction contract with Matich Corporation of San
Bernardino, California in the amount of $3,196,338 for the Pro ject; and
3. Approving the carryover of the full remaining FY 2019/20 Capital Improvement
Program budgets previously established for eleven street segments: and
4. Authorizing the Director of Finance to record budget adjustments to reallocate
SB1 Funds (Fund 125) as necessary to support the full Project costs; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
19. Authorization to Proceed with the Vacation of a Portion of I Street
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis
for the proposed vacation of portions of “I” Street between Spruce and Olive Street,
and a portion of “J” Street at its intersection with 17th Street and 21st Street.
20. Resolution Approving the Application for Statewide Park Development and
Community Revitalization Program Grant Funds
Recommendation
Adopt Resolution No 2020-229 of the Mayor and City Council of San Bernardino,
California, approving the application for Statewide Park Development and
Community Revitalization Program Grant Funds.
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 9/11/2020
21. Award of Professional Services Agreement with Tetra Tech BAS for Waterman
Landfill Gas Monitoring and Ongoing Maintenance
Recommendation
Adopt Resolution 2020-234 of the Mayor and City Council of the City of San
Bernardino, California, authorizing a professional services agreement for landfill gas
extraction Operation, Maintenance and Monitoring (OM&M) with Tetra Tech BAS.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday,
October 7, 2020 via web-conference. Closed Session will begin at 5:30 p.m. and Open Session
will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bern ardino, California, hereby certify
that the agenda for the September 16, 2020 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 located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on Friday, September 11, 2020.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda September 16, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 9/11/2020
NOTICE:
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Page 1
Closed Session
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Sonia Carvalho, City Attorney
Subject: Closed Session Item B. Attachment
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Packet Pg. 12 Attachment: 542 N Mt Vernon Ave - Request release of Letter for $185k (6915 : Closed Session Item B. Attachment)
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Staff Report
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Professional Services Agreement with PlaceWorks for
Professional Planning Services
Recommendation
Adopt Resolution No. 2020-231 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Profes sional Services
Agreement between PlaceWorks and the City of San Bernardino to prepare a
comprehensive update to the General Plan, the creation of a Downtown Specific Plan,
and an update of the Development Code and other related services (Attachment 1).
Background
The General Plan is the City’s long-range policy document that establishes the
community’s vision for the growth and development over a 20 year period. The General
Plan is required by state law and must include a variety of mandatory topical are as or
elements including for example: Land Use; Circulation (including transportation and
infrastructure); Safety (including seismic and other natural hazards); Housing; Noise;
Conservation; and Open Space. A city may also include additional elements that the
community feels are relevant to addressing issues within the community.
The last time the City of San Bernardino prepared a comprehensive update to the
General Plan was in 2005. Since then, there have been many determinant factors that
compel the City to update the City’s General Plan. Some of the factors include changes
to the state, regional and local economies; changes to the commercial real estate and
development industries; technological changes in business and services deliveries
related to e-commerce; and other key factors. There have also been a variety of
legislative changes at the state level that mandate that specific provisions in the
General Plan and Development Code be modernized.
The Development Code is the City’s implementation tool for the General Plan, which
established land use regulations, development standards and entitlement procedures to
guide future development consistent with the General Plan. The City’s current
Development Code was adopted in 1992 and has been in place for 28 years. Over the
last six years, specific chapters of the Development Code have been updated and
modernized. However, the proposed update to the General Plan offers an opportunity
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to further modernize the land use and development regulations in the code creating
internal consistency between the policy document and the implementation tool.
The City is very grateful for the support of Assembly Member Ramos on this project.
Assembly Member Ramos was instrumental in securing $3 million in State fu nding for
the development of the comprehensive update to the General Plan. His efforts are
greatly appreciated by the community. The City was also successful in an award of
$625,000 from the State SB2 Planning Grant for the Downtown Specific Plan portion of
this project.
Discussion
On April 7, 2020, Request for Proposals (RFP F-20-26) for the comprehensive update
to the General Plan, creation of a Downtown Specific Plan, and update to the
Development Code was released and posted on Planet Bids through the City’s
procurement process by the Finance Department. The Community and Economic
Development Department also conducted a pre-submittal Zoom Meeting to provide
background information on the project and to answer questions posed by the
consultants.
Proposals were submitted by the following consulting firms:
CSG Consulting, Inc.: $2,211,510
Dyett & Bhatia: $2,771,255
Kimley-Horn: $3,039,385
PlaceWorks: $3,597,985
Raimi+Associates: $3,621,484
Moule & Polyzoides (Downtown Specific Plan only): $858,015
After a comprehensive review of the proposals, on August 31, 2020, staff interviewed
Kimley-Horn, PlaceWorks and Raimi+Associates based upon their understanding of the
requirements and approach to achieve the City’s desired outcome. Although the three
(3) firms were found to be highly qualified, staff recommends PlaceWorks because of
their knowledge of the environs within San Bernardino based upon their past and
current working experience. Additionally, PlaceWorks is known for their responsiv eness
and attention to detail as it relates to serving local municipalities. Finally, members of
the PlaceWorks team, which includes National CORE, have an ongoing history of public
outreach and community engagement efforts. This enables PlaceWorks to im mediately
commence the public participation component of the process.
City staff also interviewed Moule and Polyzoides because of their specific interest in
preparing a Specific Plan for Downtown. Although a very competent firm and well
regarded in the industry, staff felt it was in the best interest to retain and manage one
firm to handle this multi-year project. Moreover, Placeworks has also prepared many
notable Specific Plans for other cities.
2020-2025 Key Strategic Target Goals
The Professional Services Agreement with PlaceWorks aligns with Key Target No. 4:
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Ensure Development if a Well-Planned, Balanced, and Sustainable City and Key Target
No. 5: Improve City Government Operations. Specifically, the update to the General
Plan and Development Code will establish new long-range planning tools that establish
comprehensive development policy and land use regulations facilitating planned growth
in the City. The Downtown Specific Plan will also serve as the guiding document for
future development within the downtown core and facilitate the redevelopment of the
Carousel Mall site.
Fiscal Impact
The adoption of the FY 2020/21 budget anticipated the agreements (“Ramos” and SB2
Grants) with the State of California for the City's Comprehensive General Pla n and
Development Code Update appropriation. Entering into these agreements with the
State would entail amendments to the FY 2020/21 adopted budget to increase
estimated revenues - Other Governmental Agencies (Account No. 001-180-8742*4609 -
Other Government Agencies) and an appropriation to the Community & Economic
Development budget - General l Plan Update (Account No. 001-180-8742*5505 - Other
Professional Services) in the amount of $3,000,000 and for City Council to accept and
appropriate funds from the California SB2 Planning Grant for the City’s General Plan
Update in the amount of $625,000 for expenses incurred on the development of the
General Plan, Downtown Specific Plan, and update of the Development Code during
the contract term. As the project progresses, additional funding will be necessary to
cover the legal costs associated with the review of specific components of the project.
No General Fund appropriation is required for this action.
FINANCIAL IMPACT Account Number Current
Fiscal Year
Next
Fiscal Year
Total Cost
/Revenue
Ongoing
Cost
Revenue
State Grant 001-180-8742-4609 3,625,000 0 3,625,000 0
Cost
General Plan
Update
001-180-8742-5505 3,625,000 0 3,625,000 0
Budget Adjustment: Yes
For Fiscal Year: 2020-2021
Conclusion
Adopt Resolution No. 2020-231 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional Services
Agreement between PlaceWorks and the City of San Bernardino to prepare a
comprehensive update to the General Plan, the creation of a Downtown Specific Plan,
and an update of the Development Code and other related services (Attachment 1).
Attachments
Attachment 1 Resolution 2020-231
Attachment 2 Professional Services Agreement; Exhibit A & Exhibit B
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Ward: All
Synopsis of Previous Council Actions:
November 6, 2019 Mayor and City Council adopted a resolution approving an
agreement between the State of California and City of San
Bernardino accepting $3,000,000 for the prepa ration of a
comprehensive update to the City’s General Plan.
February 19, 2020 Mayor and the City Council authorized staff to pursue the SB -2
Planning grant to further fund the efforts of updating the General
Plan and the creation of a Specific Plan for D owntown. The State
subsequently approve the SB-2 Planning Grant in the amount of
$625,000
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RESOLUTION NO. 2020-231
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE PROFESSIONAL SERVICES
AGREEMENT WITH PLACEWORKS TO PREPARE A
COMPREHENSIVE UPDATE TO THE GENERAL PLAN, A
DOWNTOWN SPECIFIC PLAN, AND AN UPDATE TO
THE DEVELOPMENT CODE
WHEREAS, the General Plan is a long-range policy document that establishes the
community’s vision for the growth and development within the City ov er a 20 year period. The
General Plan is required by state law which mandates that General Plans include elements on
Land Use, Circulation (including transportation and infrastructure), Safety (including seismic
and other natural hazards), Housing, Noise, Conservation, and Open Space. The City’s current
General Plan was adopted in 2005 and has been in place for 14 years; and
WHEREAS, the Development Code is the City’s implementation tool for the General
Plan which established land use regulations, development standards and entitlement procedures
to guide future development consistent with the General Plan. The City’s current Development
Code was adopted in 1992 and has been in place for 28 years; and
WHEREAS, on April 7, 2020, Request for Proposals (RFP F-20-26) for the
comprehensive update to the General Plan, the creation of a Specific Plan for Downtown and an
update to the Development Code was released and posted on Planet Bids through the City’s
procurement process by the Finance Department; and
WHEREAS, PlaceWorks has been selected because of their knowledge of the environs
within San Bernardino based upon their past and current working experience. Additionally,
PlaceWorks is known for their responsiveness and attention to detail as it relates to serving local
municipalities. Finally, members of the PlaceWorks team, which includes National Core, have
an ongoing history of public outreach and community engagement efforts. This enables
PlaceWorks to immediately commence the public participation process.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to
execute the Professional Services Agreement with PlaceWorks attached hereto as Exhibit “A”, in
an amount not to exceed $3,597,985.
SECTION 3. The Finance Director is hereby authorized to amend the FY 2020-21
adopted budget accordingly, as follows: appropriation of $3,625,000.00 to the Community &
4.a
Packet Pg. 20 Attachment: CED.General Plan - PSA PlaceWorks.A1.Resolution (6906 : Professional Services Agreement with PlaceWorks for Professional
Resolution No.2020-231
Economic Development – Other Professional Services Account (001-180-8742*5505) and an
increase to anticipated revenues Other Government Agencies Account (001-180-8742*4609) FY
2020-21 adopted budget in the amount of $3,625,000.00.
SECTION 4. The authorization to execute the above-referenced Agreement is rescinded
if the Agreement is not executed and returned to the Office of the City Clerk within sixty (60)
days following the effective date of this Resolution.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 21 Attachment: CED.General Plan - PSA PlaceWorks.A1.Resolution (6906 : Professional Services Agreement with PlaceWorks for Professional
Resolution No.2020-231
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2020.
_____________________________________
Genoveva Rocha, CMC, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
This Agreement is made and entered into as of this 16th day of September, 2020 by and
between the City of San Bernardino, a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and PlaceWorks, a corporation
with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred
to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
To prepare a comprehensive update to the General Plan, the creation of a Downtown
Specific Plan, an update of the Development Code and other related services (hereinafter
referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of Three Million Five Hundred Ninety-Seven Thousand
Nine Hundred Eighty-Five Dollars ($3,597,985.00). This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant may submit
invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services
which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice
within forty-five (45) days from the date City receives said invoice. The invoice shall describe
in detail the services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as “Additional Services”
and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
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reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
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16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
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(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
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policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the Ci ty under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
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proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
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entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Mark Teague, AICP as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior
written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Michael Huntley,
Director of Community & Economic
Development
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Kara Kosel, Contracts Manager
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consen t
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
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of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a written executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
_____________________________________
Sonia Carvalho
City Attorney
Attested By:
Genoveva Rocha, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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EXHIBIT A
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EXHIBIT B
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B. Background and Project Summary
PROJECT UNDERSTANDING
The City of San Bernardino. To understand the history of San Bernardino is to understand what this project is all about.
San Bernardino’s story is one of a thriving past, recent decades of economic and social challenges and renewed
opportunity and investment.
Over the last 50 years, San Bernardino has experienced a number of economic challenges, including most notably the
gradual decline of Downtown, the closure of Norton Air Force Base in 1994 with the loss of over 10,000 direct and
indirect jobs, the last “Great Recession,” and the ongoing COVID pandemic. Each of these setbacks has placed
enormous fiscal constraints on the City; combined, they have made it incredibly difficult for the City to respond and
put it on a path toward a long-term, prosperous future. Throughout this period, there have been a few promising
windows of opportunity and regional economic prosperity, but for the most part, San Bernardino has realized only
limited or temporary periods of economic success.
Despite these challenges, however, San Bernardino is now poised to change its trajectory. This plan will build upon the
City’s successes over the last few years: new leadership, solid governance, significant public and private investment,
and a growing coalition of partners focused on economic prosperity and a renewed quality of life for all segments of
the community. San Bernardino is ready to plan for the future in a way it has never done before and effectively
implement its plan over the coming years.
Project Understanding. In addition to its history, a new planning context will shape this effort: changing demographics;
countless new State mandates since the last general plan update in 2005, including but not limited to sustainability,
global warming, air quality, housing, transportation and environmental justice; new economic, environmental and
technological trends at the global, national and regional levels; a ward-based Council structure; and new
environmental and public health threats.
To respond to these conditions, the City of San Bernardino is initiating this comprehensive effort to update its General
Plan (last updated in 2005), complete its Development Code update (approximately 75% complete), develop a specific
plan for Downtown with tailored direction and development standards, and certify CEQA clearance for these efforts.
Thorough technical analyses— including traffic, air quality, noise, environmental justice, market, economic and fiscal
analyses, among others—will support these efforts and serve as a foundation for new goals, policies, standards and
implementation measures.
As we develop strategies and solutions for this effort, we will examine them through the following filters:
How do they facilitate new housing and economic opportunity? Are land uses and development standards, for example,
crafted in such a way to respond to changing short term market conditions without compromising the vision?
What underlying conditions need to exist to promote new investment and make San Bernardino a destination choice for
these opportunities? What strategies can be employed in the Downtown, for example, that improve actual and
perceived safety to stimulate investment?
Do they effectively and legally respond to new State mandates?
Are they sensitive to San Bernardino’s unique local context, in terms of its diverse social and physical environments?
While many goals, policies and standards will apply Citywide, tailored solutions will need to be crafted for the many
diverse places that define San Bernardino. Places like Downtown, suburban and rural neighborhoods, SBIA environs,
CSUSB, and Hospital Lane all demand context-sensitive solutions.
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Are they fiscally, environmentally, and socially sustainable? Will short-term benefits come at the cost of long-term
benefits for future generations of San Bernardino residents and businesses?
Do they make San Bernardino more resilient to future unanticipated environmental, social, and economic challenges?
Are they leveraging past and present assets, investments, and partnerships?
Are the tools used to convey them accessible by decision-makers, staff, the public, the business community, and other
agencies to help them make more informed decisions? Will a web-based general plan, for example, provide greater
access to users and allow them to extract and repurpose information for their own use?
Do they support a long-term implementation framework that works the way the City works and that uses progress
toward long-term goals as an evaluation criterion?
PROJECT OBJECTIVES
The City has clearly articulated a lengthy list of objectives in the RFP. We will use all of them as a checklist for the
effort. But rather than repeat them here, we have summarized them below into what we believe are the driving
factors for the overall effort:
Vision. Translate a new San Bernardino Vision that is voiced by the community and will serve as the foundation for the
City’s investment of human and capital investment by the City.
Planning Tools. Provide a system of planning tools that:
Serve as effective and consistent guides to implement the positive, long-term vision of San Bernardino
Provide certainty for the development community and the public alike (e.g., what is allowed, what is prohibited, what is
encouraged or discouraged, etc.); in turn, this will streamline the effort of those involved in implementing these tools
Are legally defensible
Effectively address changing State mandates through the lens of San Bernardino’s local context
Appropriately respond to local issues beyond those mandated by State law
Address all legs of sustainability (i.e., economic development, social equity and environmental protection)
Result in a more resilient San Bernardino to withstand environmental changes, economic downturns, and societal
changes
Housing. Create a General Plan, Downtown Specific Plan, and Development Code that expand creative housing
opportunities in Downtown and other areas of the City that are context-sensitive, meet affordable housing goals and
mandates, respond to changing market demands, capitalize on existing and planned infrastructure, and enhance the
community.
Economic Development. Employ economic strategies and incentives in the General Plan and Downtown Specific Plan
based on sound market analysis and future trends (e.g., anticipated retail shifts, changing demographics, new methods
of goods and service delivery, etc.) and understand what it will take to change current market trajectories if inconsistent
with the vision. Market and economic analyses will examine opportunities for housing, retail, industrial, hospitality, and
mixed use, among other types of development.
Outreach and Engagement. Develop and implement a public outreach and engagement program that:
Provides meaningful input opportunities for all segments of the community
Builds trust of local government and the consultant team
Informs stakeholders of the opportunities, challenges and tradeoffs that underlie the project,
Helps manage overall expectations of the community
Creates partnerships with those who are committed to helping implement the Vision
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Technology and Innovation. Evaluate and utilize new technologies that provide better access to and leverage
information created during the project. At a minimum, these would include a web-based General Plan, a system of web
maps that exponentially increase the use of geospatial information, and online outreach tools that can last beyond
project adoption
Environmental Clearance. Develop an Environmental Impact Report that is legally defensible and allows for streamlined
environmental review for future projects to the extent possible
Project Management. Ensure the project remains within budget and on schedule (36 months).
The remainder of our proposal lays out the steps to meet and exceed these objectives and demonstrates how the
PlaceWorks team is uniquely qualified for this effort.
C. Methodology
PROJECT MANAGEMENT CONTROLS
PlaceWorks will serve as the primary consultant and point of contact, responsible for coordination with the City, all
subconsultants, and local, regional, and state agencies. Woodie Tescher will be principal-in-charge and overall
visionary leader, and Jonathan Nettler will be the day-to-day project manager. They will also be the points of contact
for all communications with the City. For this effort, we recommend some key strategies and tools.
On-Site Presence. Managing this complex project requires coordination of consultant teams, conversations with City
staff, dialog with other constituencies, and strategic alignment of interests. The seamless flow of information and
product accountability requires direct, frequent, personal communication. Woodie and Jonathan will spend 1 to 2 days
per week at City Hall or virtual meetings to meet informally with City staff and other stakeholders. PlaceWorks can also
host meetings at our Ontario office, which is about 20 minutes from City Hall and shared with team member Fuscoe
Engineering.
Web-Based Tools. PlaceWorks will use web-based tools to allow City staff and all members of the consultant team to
access and participate in the daily review and management of staff and deliverables, ensuring quality control and
adherence to schedule and budget. PlaceWorks will work with the City to determine the most appropriate tools that
can be accessed 24-7 through a computer or mobile device.
Project Guidance and Coordination. PlaceWorks will prepare a project guidance document to build a shared
understanding of the General Plan, Specific Plan, Comprehensive Code, and PEIR work programs and provide
administrative and communication protocols; roles and responsibilities; and a living version of the scope, schedule,
and budget. PlaceWorks will lead weekly coordination meetings and periodic milestone meetings, working with City
staff to determine appropriate participants, purpose, and structure. We envision four recurring meeting types: project
management, technical advisory, executive management, and external coordination.
Subconsultant Management. Most of the work effort will be conducted by PlaceWorks, but our team of
subconsultants brings greater expertise on specific topics. PlaceWorks requires—at a minimum—quarterly status
meetings with all subconsultant project managers and biweekly or monthly status meetings with subconsultants
during periods of activity (City staff attendance optional). With this approach and web-based project management
tools, PlaceWorks can more efficiently communicate; manage team members internally and externally; and identify
tasks, responsibilities, deadlines, and materials.
CLIENT SATISFACTION APPROACH
PlaceWorks’ core values of quality, responsiveness, respect, creativity, results, and integrity are inextricably tied to
client satisfaction. We also have a passion for solving problems on behalf of our clients, and we believe the
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following approaches to the San Bernardino General Plan Update, Specific Plan, and Development Code will ensure
that we exceed your expectations:
Rigorous project management abilities, procedures, and tools described in the preceding section ensure that your
budgetary and schedule goals are achieved. Our track record for leading highly complex, long-range projects like yours is
unparalleled.
Our commitment to provide high-level expertise wherever it is needed ensures solutions are creative, pragmatic, and
the highest caliber. Not only will the project be overseen by Woodie Tescher, with decades of General Plan experience,
you will also have principals that are leading in-house experts in the areas of climate adaptation and resiliency, housing,
environmental justice, economics, and environmental analysis to name a few.
Immediate access and frequent participation from both our principal-in-charge and statewide managing principal of
planning will ensure that we meet your needs and quickly facilitate any changes in direction.
PROJECT SCHEDULE
A chart showing our detailed project schedule is provided in the Appendix.
APPROACH TO THE WORK SCOPE
The approach to the updated General Plan (GP), Downtown Specific Plan (DSP), and Development Code (DC) can
transform legislatively mandated documents into tools that will be instrumental in realizing the “new San
Bernardino” that has been long-desired by its residents and community officials. PlaceWorks is thrilled at the
prospect of collaborating with the City to move it forward into a new generation of livability, prosperity, and
wellness for all. To meet these objectives, PlaceWorks proposes several imperative:
A Holistic Approach to Planning. To achieve aspirations for San Bernardino’s future, the City’s physical
development cannot be separated from a viable economy; a healthy, safe, and equitable community; and a
sustainable environment. PlaceWorks recognizes these important interdependencies and will develop a vision,
policies, and realistic implementation actions that clearly articulate how they work together.
Focus on the City’s Neighborhoods, Districts, and Opportunity Areas for Change. We will focus on the unique
identity, character, and needs of San Bernardino’s diverse neighborhoods and districts and develop policies to
address them while distributing growth citywide. Our approach will be “place-based,” and the degree of change will
vary by area. Some will remain the same; others, such as the downtown and commercial corridors, can expect to
change over time. Working with City staff and based on public input, PlaceWorks will identify, analyze, and develop
a thorough understanding of the neighborhoods and places in San Bernardino and identify which are stable and
which exhibit opportunity for change. For the former, the planning team will develop policies for maintenance and
enhancement. For the latter, we will identify and evaluate options and recommend strategies for uses, densities,
and urban form in consideration of community objectives and market demands.
An Accessible and User-Friendly General Plan and Downtown Specific Plan. PlaceWorks will prepare an updated
GP and Downtown SP that provoke interest and are easily accessible and used by everyone. They will use online,
interactive technology to document goals, policies, and implementation programs; performance management
(tracking and communicating indicators); protocols for adjustments and updates; and links to other policy and
regulatory documents and municipal budgeting processes. By leveraging GIS and dynamic web-based technologies,
we can incorporate dynamic maps, infographics, and hyperlinks to create documents that are highly customizable
and easy to navigate. E.g., users could click on a parcel on the Land Use Plan Map and retrieve information
regarding permitted uses, development standards, and applicable policies.
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A Plan Integrating Policies to Address Important Issues and Themes. A key objective for the GP update is to add
policies that address legislative requirements, community needs, and best practices that have emerged since the
current plan’s adoption. Sometimes these are entirely new topics, such as environmental justice. They can be
addressed through new elements or by integrating policies throughout existing elements. We recommend the
latter approach when feasible to avoid redundancy and inconsistent content.
General Plan and Specific Plans with an Immediate Focus on Implementation. PlaceWorks proposes a robust
implementation program for the GP update and DSP. Although the GP is a long-term document, implementation
programs have shorter time spans due to new legislation, funding availability, market conditions, community needs
and priorities, and political realities. We propose to prepare implementation programs that effectively inform
decision-making and are adaptable as short-term actions are completed and new priorities arise.
We will collaborate with City staff to identify the most effective way to organize the implementation section,
considering the differences between implementation tasks (one-off actions, such as updating infrastructure master
plans), implementation programs (programs that are part of the City’s day-to-day business and work toward
general plan goals), and implementation objectives (measurable objectives with detailed action plans for long-term
goals).
We propose a tracking and feedback system that will measure progress toward the General Plan’s goals and
realizing the vision. Tied into the City’s annual budget process, this system is a means to connect short-term
decisions with long-range planning. The City can use the information in decisions about priority actions and
programs for investment. We will collaborate with City staff to identify five or more priority General Plan goals. For
each of these, we will define measurable outcomes, contextual indicators, and a process for collecting and
analyzing data and reporting performance. In the first-year implementation program, we will work with City staff to
assist them with replicating this process for other goals.
A Downtown Specific Plan Prepared in Collaboration with the City’s Selected Developer. The Carousel Mall will be
part of the larger DSP area, and future development of the mall site will be a catalyst for new investment in the
greater downtown area. It is important that the mix of uses, urban form, connectivity, and public realm
improvements for the DSP and Carousel Mall be thoughtfully considered and integrated. This entails ongoing
collaboration with the mall developer from conceptual design through plan preparation. Also, we understand that
the Council would like the mall project to move forward as quickly as possible, so we have structured our scope and
schedule to fast-track the overall project. Our team is ready to explore options with the City and selected developer
to further fast-track the schedule.
A Modernized Development Code. A development code should be graphicly rich, flexible to allow innovative
design, and firm in the areas important to the City. The administrative draft of the code is nearly complete.
PlaceWorks will thoroughly review the current draft code and recommend adjustments to match the General Plan
and changes to reflect state law. We recommend that the revised draft code be reviewed with planners responsible
for working with the public and contractors. These planners can provide valuable insight into issues that are most
confusing to the public. The current draft has undoubtedly been reviewed before, and this review would be for
edits needed to implement the GP and DSP. Development code updates are an iterative process and we expect
some recommendations to be reviewed multiple times. Development codes also benefit from regular staff and
stakeholder review, and our scope includes time for reviewing the code with stakeholders, answering questions in
two workshop/hearings, and affirming that staff understands how the code is drafted.
An Active, Engaged, and Inclusive Program of Public Engagement. In coordination with the City, PlaceWorks will
generate a three-phase outreach and engagement strategy to connect with the community: (1) educate and
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inform, (2) gather and analyze input, and (3) approval and implementation. Individual outreach strategies will
inform, consult, collaborate with, or empower participants (IAP2 Spectrum of Participation) using communication
techniques, formats, and messaging tailored to the audience. To jump-start the planning process, our program will
educate the public about the roles and purposes of the plans; instill a sense of its importance and relevance to their
lives; and generate interest, excitement, and active participation. Our objective will be to expand the participant
base—from those who typically show up at City Council meetings to a broader representation of members and
interests in the community. PlaceWorks will work with staff to gather community intelligence and with community-
based organizations and other established stakeholder groups to develop the most effective and creative approach
to encourage participation in the update process, especially by underrepresented groups and neighborhoods.
Our engagement process will strive to reach people the way they need and want to be reached and at multiple
levels—online or in person, in small groups or large, on topics big or small. We recommend a multifaceted program
of outreach and engagement activities that pairs more traditional forms of outreach—GPAC meetings, public
workshops, open houses, and study sessions—with interactive online and “in your neighborhood” forums to solicit
input and feedback from participants.
Shared Understanding of Plan Options and Recommendations. A variety of tools will enable San Bernardino’s
residents and decision-makers to clearly understand the implications and potential trade-offs of options under
consideration and final recommendations. Plan options will be illustrated with maps depicting areas where existing
development will be conserved and where new development is targeted, site plan concept sketches, 3D massing
models and simulations, hand-drawn sketches, and/or photographs of comparable projects and public realm
improvements. Unique among planning firms, PlaceWorks uses drone photography as the base for visual
simulations to compare existing conditions and future scenarios.
The visual presentations will be coupled with a summary of the comparative impacts of plan options based on
metrics of importance to the community—such as traffic, fiscal costs, and revenue—and legislative mandates, such
as greenhouse gas emissions and air pollution. This will enable the community to give informed feedback for
selecting a preferred plan.
A Self-Mitigating General Plan and Program EIR. The updated GP, DSP, and Program EIR will be prepared
concurrently so that the environmental analysis can inform the content of the plans. To the extent possible, these
will be “self-mitigating” by incorporating mitigation measures as policies and programs. Preparation of the plans
and Program EIR will be a parallel process, with information in each document informing the other. Both plan and
CEQA documents will be written to allow streamlined project-level CEQA review after the General Plan is adopted.
SCOPE OF SERVICES
The following presents an overview of our proposed work tasks and methodologies that we are confident will
achieve these objectives.
TASK 1. PROJECT FOUNDATION, INITIATION, AND COORDINATION
1.1 Project Kick-off and Organization. This task will set the stage for preparing the updated GP, DSP, Development
Code, and Program EIR and will include the following:
A kick-off meeting and orientation tour with City staff.
Implementation of the project management and tracking system (described above).
Scheduling of bi-weekly coordination meetings with City staff.
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Scheduling of meetings with representatives of City departments at key project benchmarks to review work products,
test ideas, and confirm plan recommendations.
Conduct one-on-one meetings with City Council members to confirm objectives for the work program and provide input
for issues and visions for the future.
1.2 Document Templates and Base Maps. PlaceWorks will develop a design template for digital files and hard-copy
reproduction of working memoranda and studies and GIS mapping products to ensure a consistent image and quality
for the project. We will prepare a base map of the city and its sphere of influence to be used for presenting data,
analyses, plan alternatives, and selected plan components. We use ArcGIS Online, Esri ArcMap version 10.6.1, and
ArcGIS Pro 2.0. We will work with the City to coordinate mapping systems and establish protocols for data.
1.3 Review Existing General Plan. PlaceWorks will conduct an audit of the existing general plan elements for their
consistency with state legislation, usability and relevance, and best planning practices. We will identify best practices
based on our knowledge and review of plans prepared throughout the state and the experience of our project
manager as a member of the California Planning Roundtable. PlaceWorks will survey City staff to assess their
experience with the existing plan—its understandability, ease of application, and feasibility.
TASK 2. EXISTING CONDITIONS STUDY
PlaceWorks will prepare a comprehensive description of San Bernardino’s existing conditions and trends as: a)
background information to inform development of the updated GP’s and DSP’s plans, goals, policies, and
implementation programs; b) testing of alternative growth and development scenarios; and c) as input for the
“existing conditions” sections of the Program EIR. For each category of data, we will summarize key issues,
opportunities, and constraints that will guide the update of goals, policies, and actions.
Our intent is to present the baseline information in technical background reports supplemented by ESRI Story Maps
or similar electronic, web-accessible platform and a summary report (Community Profile). The Story Map platform
enables us to present existing City information and regional data in a geographic context accessible to the public
and provides an efficient display of existing information and the resulting analysis.
2.1 Land Use. PlaceWorks will prepare a descriptive profile of existing and planned land uses in San Bernardino and its
SOI. At a minimum, this will encompass:
Mapping, description, and analysis of the mix of existing land uses using categories differentiated by use type,
density (units per acre), and intensity (floor area ratio).
Quantification of the acreage and built development for each category.
Description and mapping of definable community “places”—e.g., Downtown, International Airport and Trade
Center, University Area, rail station areas, and residential and mixed-use neighborhoods.
Maps depicting General Plan and zoning land use designations, quantification of acreage and potential buildout,
and comparison with built development.
Description and maps of pending and approved development projects.
Description and map of opportunity parcels for re-use and new development (see Task 5.1).
Implications of the current land use mix and urban form for climate change, sustainability, and healthy cities,
considering development patterns, mix of uses, densities, and public transit.
2.2 Urban Design and Public Places. PlaceWorks will analyze and document San Bernardino’s urban form as defined
by its physical environmental setting and form of development. For the latter, we will develop typological categories
based on the street network and grid; block size and configuration; building footprints, relationship to street frontages,
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and height; parking location; and public realm (streetscapes, plazas, and parks). We will assess how these typologies
influence place identity, economic prosperity, and the environment and climate change.
2.3 Housing. PlaceWorks will analyze and document background data for the housing element update (HEU) that
complies with legislation enacted from 2017 to 2020 and technical guidance from the Department of Housing and
Community Development. The contents will include:
Community Profile. A detailed assessment of population characteristics, housing characteristics, economic and
income characteristics, and special needs that affect the demand for housing in San Bernardino; an inventory and
analysis of the City’s inventory of affordable projects assisted with public funds and options and resources for
preserving them.
Housing Constraints. An inventory and analysis of potential constraints—governmental constraints (land use,
development standards, local ordinances, etc.), market factors (fees, land availability, overall cost of
development), and environmental considerations. We will also address potential fair housing issues in
accordance with AB 686.
Disadvantaged Unincorporated Community (DUCs). An analysis of DUCs is required by AB 244. We will use the
work we completed as part of the countywide general plan update and the ongoing municipal service reviews to
assess the housing and related infrastructure and service needs (fire, water, sewer, etc.) of DUCS in the City’s
sphere of influence.
Inventory of Land for Housing. Identification and analysis of residential and mixed-use sites for new housing to
meet the City’s RHNA, and vacant and underused land based on criteria in HCD’s soon-to-be released technical
memorandum. This will include an analysis of alternative sites credits and compliance review items passed in the
2017-2020 legislative packages.
Housing Program Evaluation. Evaluation of progress in implementing the 2013-2021 element based on the annual
progress report, outreach for the GP update, and other recent housing planning efforts. This will reveal strengths
and the gaps in addressing San Bernardino’s housing needs, and the need to modify or add housing programs to
address them.
2.4 Historic Resources. San Bernardino’s historic buildings and sites will be documented based on information
available from the City’s Historic Resources Reconnaissance Survey and county, state, and national databases. The
City’s existing policies and programs for the identification and protection of historic and cultural resources will be
described. The review and analysis for will use readily available resources. It is assumed that the project team will
not conduct an independent survey or update the City’s existing reconnaissance survey.
2.5 Mobility and Circulation. A scoping effort with City staff at the start of the project will define the final details of
the existing conditions study (number and location of intersections); count time frames; details of vehicle,
pedestrian, and bicycle volume data; operations analysis methodology; and method for analyzing the GP and DSP
area land uses.
After the scoping process, count data will be compiled for the study area. It is assumed that the mobility analysis
will incorporate data for vehicle, pedestrian, and bicycle volumes as well as transit ridership data. A multimodal
approach must be undertaken to provide for a balanced transportation system and for Complete Streets planning
where justified. The Specific Plan mobility analysis study area will include up to 20 intersections for this analysis. The
General Plan area outside of the Specific Plan area will include up to 32 intersections. A roadway segment analysis
will be included, and daily vehicle volumes will be the input to that analysis
Note on Traffic Data. If we are unable to collect new traffic data due to the continuation of COVID-19 quarantining
requirements, alternative data sources will be used. This may include recent vehicle, pedestrian, and bicycle
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counts collected for City project studies and CEQA documents, and historical counts available from data vendors
and big data sources. Counts that are five years or more old will be applied to the analysis and factored to the
existing conditions year based on an ambient growth rate confirmed in discussions with the City. With
anonymous mobile device data available at a conglomerated level from specialized data vendors, historical
mobility data can be provided for all major modes, and extrapolations can be made for drivers, pedestrians, and
bicyclists. Big data sources will be researched, and the reliability of such data will be checked by comparing with
available historical counts.
Data Compilation. KOA will review the previous General Plan and other more recent City and private
development traffic studies to compile historical data as needed for comparison purposes and base data.
Compilation of data will be conducted for congested locations and safety issues based on previous studies,
including the SSARP effort.
Data on pedestrian, bicycle, and vehicle collisions will be reviewed to assess safety issues. Mobility issues for existing
conditions will include safety, congestion, and access across all modes. The existing conditions analysis will include
vehicle volumes, vehicle delay and level of service, pedestrian and bicycle volume patterns, and transit ridership
patterns. Overlays of vehicle volumes and operations, pedestrian and bicycle volumes, transit ridership, and
collisions/safety data on figures to will illustrate a cumulative mobility activity analysis.
Collision heatmaps will be produced for vehicle collisions and collisions involving pedestrians and bicyclists.
Information will be incorporated from the San Bernardino Police Department. A vehicle-miles traveled (VMT)
analysis is discussed in a later task and will be applied to the land use scenarios for future development
projections.
Future Trends. KOA will document regional trends in mobility and modes and document estimated needs for new
and upcoming modes for the future. The transit network, hubs, and ridership patterns will be reviewed; ridership
estimates for the future and long-range transit plans will be input to an analysis of where transit service can be
embellished in the future.
2.6 Infrastructure. Fuscoe will obtain from the City existing master plans (sewer, water, storm drain) and any other
regional infrastructure studies within the past five years covering the entire city. It will also obtain current Capital
Improvement budgets for infrastructure improvements, as provided by the City, and compare with areas subject to
potential land uses changes. Infrastructure master plans and Capital Improvement Plans related to wet infrastructure
will be reviewed and existing deficiencies identified, with a focus on opportunity areas.
2.7 Police and Fire. PlaceWorks will consult with the City’s Police Department and San Bernardino County Fire District
to identify current facilities, personnel levels, response times, improvement plans, rates of criminal activity and fire
incidence, and perceived issues affecting their operations and services. Programs to educate and engage the
community will be described.
2.8 Parks and Recreation. PlaceWorks will prepare a descriptive profile of existing and planned parks, recreational
facilities, trails, and recreational programs based on information from the City. Park locations will be depicted on a
base map, analyzed for their accessibility to residential neighborhoods—in particular to low income and
disadvantaged communities. The sufficiency of existing facilities and programs to meet resident needs will be
discussed with City staff, including their perceptions of resident demands for specific facilities and programs.
2.9 Education. Schools serving San Bernardino’s residents will be identified based on information available from the
San Bernardino Unified School District. Both youth and adult education facilities and programs, facility capacities, and
enrollment will be described. Educational programs offered by Cal State San Bernardino, San Bernardino Valley
College, and other higher education institutions serving the City will be described.
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2.10 Local Economy. PlaceWorks will analyze the structure of the local economy, its role and potential in the regional
economy, its prospects for growth and development, and larger socioeconomic trends. The analysis will focus on the
skills and qualifications of the local labor force, employment opportunities in San Bernardino, and challenges facing
local businesses in attracting and retaining a skilled workforce. This analysis will assess the role of and potential
opportunities for key economic assets such as: San Bernardino International Airport; Cal State San Bernardino, San
Bernardino Valley College, and other educational assets; the 10, 215, and 210 freeways, the BNSF Intermodal Yard,
and other goods movement infrastructure; the National Orange Show Event Center and other hospitality facilities; and
Metrolink and Downtown San Bernardino. Finally, the analysis will identify current and potential economic
development partners, such as the Inland Empire Small Business Development Center and the San Bernardino County
Workforce Development Board.
2.11 Market Demand. PlaceWorks will analyze current and future market conditions, such as sales values trends, lease
and vacancy rates, development trends, retail leakage, and market sentiment. The market analysis will quantify short-,
mid-, and long-term demand for residential, retail, office, lodging, and industrial and logistics. It will assess the
economic and market demand impacts of the COVID-19 pandemic based on what is reasonably anticipated at the time
the analysis is prepared. In addition to a citywide assessment, the market analysis will focus on the opportunities and
constraints for up to six subareas plus an in-depth analysis to support the DSP.
PlaceWorks will base this analysis on a variety of public data sources, City-provided data, and some proprietary data.
We will engage with City staff and relevant public agencies and conduct up to 12 interviews with businesses,
developers, property owners, and other stakeholders. We will collaborate early on with City staff to identify
appropriate interviewees, define subareas for analysis, and refine the content of the analyses. The economic and
market analysis will summarize the key issues to be considered in the General Plan update and provide concrete
recommendations for land use planning, goals and policies, and implementation for both the GP update and the DSP.
2.12Population and Demographics. PlaceWorks will analyze the socioeconomic characteristics of the City’s residents
and will address a range of trends, such as population, age, education, language, number of households, household
type, household size, income, employment, and commuting. This analysis will provide a comparative context with data
from comparable cities and the region, and the context of larger societal trends. While generally focusing on citywide
characteristics, we will provide data for selected subareas and analyze the socioeconomic opportunity and constraints
for the Downtown Specific Plan.
2.13 Equity, Environmental Justice, and Health. PlaceWorks will analyze existing health conditions and environmental
justice (EJ) issues consistent with the requirements of SB 1000. This will include analysis of the built environment and
social indicators that impact health, EJ, and social equity. Reports and datasets to be reviewed will include CDC 500
cities project, Healthy San Bernardino City studies, CalEnviroScreen and equity data, City GIS datasets, County public
health data, etc. Our analysis will conform to the latest OPR regulations and SB 1000 implementation toolkit.
We will conduct up to 10 informal interviews with knowledgeable stakeholders to identify and clarify local health and
EJ issues. This will include interviews with state and county government departments, local health care and service
providers, City representatives, and community-based organizations. Analyses will present:
Overview of City of San Bernardino’s basic health conditions, providing the context for the relationship of current
health conditions, environmental justice, and social equity.
Assessment of health and environmental issues, including the results from CalEnviroScreen and other sources for
different areas of San Bernardino and identification and mapping of disadvantaged communities.
Identification of policy issues and opportunities to improve health, EJ, and social equity in San Bernardino.
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2.14 Biological Resources. ECORP will review and update as necessary existing information regarding the City’s natural
communities. This will include a desktop analysis using data collected from available planning and environmental
documents, updated spatial data from resources such as the California Natural Diversity Database and California
Native Plant Society Electronic Inventory, Federal Register documents regarding policies that protect biological
resources, and references regarding the status of federal- and state-listed species.
2.15 Cultural Resources. ECORP will assist the City in consulting with California Native American tribes under Senate
Bill 18 (SB 18), which requires local agencies, including cities and counties, to contact and consult with California Native
American tribes prior to amending or adopting a general plan or specific plan or designating land as open space.
ECORP will draft all required notification letters, coordinate tribal meetings, maintain the SB 18 administrative record,
and provide technical support to the agency in responding to or acting upon comments from tribes.
2.16 Hydrology and Water Quality. Information will be reviewed and updated as necessary for lakes and lakeshores;
streams and creeks; floodplains; stormwater retention and debris basins; and water supply, reclamation, and
conservation.
2.17 Air Quality. PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis for the General
Plan Update and EIR. The analysis will be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects in the South Coast Air Basin (SoCAB). PlaceWorks will prepare a
communitywide criteria air pollutant and GHG emissions inventory and forecast for the General Plan Update. The
results of the technical modeling will be compiled into the EIR. Model outputs will be included as an appendix.
2.18 Climate and Climate Change. The PlaceWorks team will assess San Bernardino’s GHG emissions for current and
future years. SBCTA/SBCOG is working to make the 2014 Regional GHG Reduction Plan consistent with SB 32, and it
will include current year GHG inventories and forecasts to 2030. The PlaceWorks team will review the updated plan to
assess the change in San Bernardino’s emissions since 2008 and its progress toward regional targets. We will also
assess the plan’s and inventories’ consistency with current protocols, guidance, and best practices. We anticipate
adding emissions from rail activity, changes in land uses, and carbon sequestration. If not already updated, PlaceWorks
will update the global warming potentials in the 2008 inventory. For cost savings and efficiencies, we will update
existing inventories and forecasts from SBCTA/SANBAG for the Existing Conditions Report. As a supplement to the
2030 and 2050 forecasts, we will quantify GHG reduction benefits from existing and planned state, regional, and local
efforts to identify how much reduction can be “credited” to San Bernardino and how much remains to be achieved.
2.19 Noise. PlaceWorks will analyze existing noise levels for stationary and mobile sources, including major arterials
and highways, the Amtrak/Metrolink corridors, and San Bernardino International Airport. Noise levels for roadways
will be projected by modeling traffic volumes along these routes. COVID-19 permitting, this will be supplemented by
an ambient noise measurement survey at up to 14 short-term (15-min.) locations and 6 long-term (48-hr.) locations.
Noise contours for the Airport will be documented based on information available from the Airport Authority.
2.20 Hazards and Climate Change Vulnerability | Geologic and Seismic Hazards, Flooding, Fire and Wind, Public
Safety, Geology, and Climate Change Effects. The PlaceWorks team will prepare an assessment of hazardous
conditions and other public safety considerations, using Resilient IE Climate Adaptation and Resiliency Toolkit
(prepared for WRCOG and SBCTA by PlaceWorks) to prepare a climate change vulnerability assessment. We will use
the information in the toolkit, the City’s local hazard mitigation plan (2016), emergency operations plan, flood shelter
plan, mass care and shelter plan, and other resources to summarize public safety issues. This assessment will ensure
that the General Plan Safety Element complies with all relevant State requirements, including Senate Bill 379. Using
information from regional toolkits will better position the City to work collaboratively across the region.
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2.21 Existing Conditions Report. On completion of the preceding tasks, PlaceWorks will compile the data and analyses
into an Existing Conditions Report and submit it to City staff for review. We assume that City staff will coordinate
internally, consolidate all comments into a single document, and transmit to the consulting team for revisions and
preparation of a final Existing Conditions Report (printed and digital on-line/Esri Story Map versions).
2.22 Community Snapshot. Using maps, photos, illustrations, text, and infographics, we will prepare a “community
snapshot” summarizing key data and findings in a creative, informative, and easily accessible product. It will be
designed as a highly graphic brochure or large-format poster and formatted for posting on the GP website. It is
intended to provide a framework for understanding the City, its attributes, and relevant issues in planning its future.
TASK 3. PUBLIC OUTREACH STRATEGY
A constructive dialogue with the community is especially important for both the General Plan update and Specific Plan
process. At the forefront of this work program is community-driven planning and a human services-centered
approach. PlaceWorks has teamed with National Community Renaissance (National CORE) to jointly conduct the
community engagement effort, due to their trusted relationships within the community and our joint experience with
the City. We will leverage National CORE’s partnerships with SBCUSD (ELAC, Family Engagement Centers, and
Promotoras), neighborhood associations, resident networks in the faith community (Inland Congregations United for
Change), small business providers, public safety representatives (Coffee with a Cop), and health practitioners (Dignity
Health and the Accelerating Investments for Healthy Communities Initiative). We can also leverage any community
connections that the City has generated in its recent Census efforts. Our outreach approach assumes a mix of in-
person and virtual engagement options, which may need to be adjusted depending on the City’s ability to host in-
person events over the duration of the update due to COVID-19. Translation of materials will be conducted either by
PlaceWorks staff or, depending on the extent needed, will be conducted by others and billed as a reimbursable.
3.1 Public Engagement Plan. Prepare a Public Engagement Plan that provides detailed guidance for conducting
community outreach programs and strategies to achieve successful results. The Public Engagement Plan includes:
objectives for public involvement; guiding principles to conduct the outreach process; an assessment of potential
project issues and stakeholders; messaging (purpose, timing, and approach); the role, charge, and anticipated meeting
topics for the General Plan Advisory Committee; communication techniques and established city protocols for website
postings; and email blasts, tweets, etc.
3.2 Citywide Workshops. Community workshops will be conducted in each ward to make opportunities for the
community to contribute, to serve as sounding boards for ideas, and to ensure the transparency of the planning
process. It is important to provide incentives (e.g., raffles), food, and childcare as well as Spanish translation when
needed. Community workshops in each ward are envisioned at four stages of the process: developing the Vision
Statement; Alternative Land Use Plans, Element Goals and Policies and publication and release of the draft Plan and
PEIR (up to 12 total citywide workshops are assumed).
3.3 Focus Area Workshops. PlaceWorks will collaborate with National CORE and the City to set up, promote and
facilitate up to three Focus Area workshops for locations in the City that need further discussion with the community
before arriving at a land use recommendation. We anticipate needing at least three additional workshops solely
focused on the Specific Plan. These would be held during the visioning phase, preparation of concept alternatives, and
selection of the Preferred Plan. This task budgets for a total of six Focus Area workshops.
3.4 Pop-Up Events. Pop-ups are a fun, quick, and sometimes spontaneous way to interact with the public, usually in an
environment where people naturally gather and are most comfortable. We recommend pop-up events at popular
local destinations—commercial centers, parks, schools, and colleges or during annual City events. PlaceWorks will
conduct up to three Pop Up sessions (times to be determined in the Public Engagement Plan).
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3.5 Stakeholder Interviews or Roundtables. Stakeholder interviews are one of the best ways for the team to quickly
assess perspectives on project issues, opportunities, and challenges as well to solicit input on the best ways to reach
various members of the community, stakeholder organizations, and the city at large. Stakeholders could include local
business owners, developers, students, educators, faith-based organizations, nonprofits, and government leaders.
PlaceWorks and National CORE will consult with City staff to develop a list of stakeholders to interview, coordinate
meeting schedules, facilitate interviews, and create a summary identifying major themes from the discussions. For
cost efficiency, the meetings are assumed to occur in one-hour blocks over the course of two days (including evenings
as needed). Alternatively, to increase the number of participants interviewed, the City could host Stakeholder
Roundtables for groups of stakeholders with similar areas of interest.
3.6 General Plan Advisory Committee. GPAC members serve as ambassadors—educating, promoting, and gathering
support among their networks for the General Plan update. The GPAC will help promote outreach events, interpret
community comments, review products, and provide directions at key milestones. PlaceWorks will prepare for and
jointly facilitate up to fourteen GPAC meetings with City staff. We will also work with City staff to define the GPAC’s
charge, the processes and protocols for committee meetings, and meeting objectives and agendas. It is assumed that
City staff will arrange meeting venues and record committee comments. Meeting attendance (in addition to that
stated above) will be billed extra to contract on a time-and-materials basis.
3.7 Project Branding and Collateral Materials. To be effective and encourage participation In today’s media-savvy
environment, collateral materials must be compelling, interesting, and understandable (translation of technical
planning information into language that is relatable for the everyday reader). In this task, PlaceWorks will develop a
project brand (logo and tagline) and prepare content and design materials for print and digital distribution (such as the
City’s Newsletter). Print and electronic materials may include fact sheets, FAQs, brochures, posters, blog posts, and
flyers, which will be translated into Spanish (if other languages are required, the City shall provide translation). A more
specific list of materials (commensurate with the budget allocated) will be identified during the preparation of the
Public Engagement Plan.
3.8 Project Website. PlaceWorks will create and manage website content for the General Plan Update that provides
an overview of the process, meeting dates, documents and materials, planning resources, and project updates. This
task assumes approximately four hours per month in labor for monthly updates and management of a standalone
website (in addition to the initial creation of the website platform) and assumes the City will secure the domain name.
Alternatively, the City could add a new page to the existing Community and Economic Development Navigation pane
and our team can provide content for the City to post (text, downloads, interactive mapping, etc.).
3.9 Social Media, Online Surveys and Outreach Coordination. Prepare a diverse digital marketing and social media
strategy that includes drafting content for Facebook, Twitter, Instagram, NextDoor, content for the City’s newsletter,
discussion boards, and other social media tools such as the City’s Go Request app, partnering with the School District
to get the word out through their robocall or text notifications system, and email blasts to encourage community
participation at project events. PlaceWorks will work closely with National CORE to regularly create content and
strategies to keep the community engaged and will keep a pulse on the online discussions related to the update to
assess what people are talking about. We will identify topics for posting, identify groups to reach out to and the best
ways to do so, facilitate review of social media postings, and provide post engagement evaluation of success of the
engagement event and utility of each digital and social media campaign and adjust, where needed. This task assumes
that PlaceWorks will create, administer, and summarize up to three surveys over the duration of the project.
TASK 4. VISION STATEMENT
The update of goals and policies will be guided by an overarching vision for San Bernardino—“who we are and what
we want to be.” A vision is idealistic, appropriate, inspirational, purposeful, and ambitious. It may address general
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topics such as use, form and character, places, economy and prosperity, environment, livability, health, and equity.
Though a vision covers the entire city, it can also provide specific direction for important districts such as the
Downtown, corridors and districts, neighborhoods, and vacant lands.
PlaceWorks will develop a draft Vision Statement in consultation with City staff based on input received through public
engagement activities described in the preceding task. It will be reviewed with the GPAC and presented to the
Planning Commission and City Council for feedback. A final version will incorporate revisions based on input. Draft and
final versions will be robustly illustrated with photographs and other imagery in a variety of formats to optimize
distribution and viewership, including printed copies and posting on the project website and social media platforms.
TASK 5. LAND USE PLAN UPDATE
In this task series, the PlaceWorks team will develop the updated land use plan diagram and standards that will guide
future growth and development citywide and in focused opportunity areas.
5.1 Confirm Areas of Conservation and Change. Our first task will be development of a cityside growth strategy. We
will identify and map areas that will be conserved and area where new development will be targeted based on
research for the Existing Conditions Report and input from City staff and the public. In conservation areas, existing uses
will be retained and improved through renovation or replacement of existing buildings as they age, and/or accessory
dwelling units may be developed in accordance with state statutes. “Focused areas” will be properties where new
development may be targeted in the future and that represent opportunities to catalyze significant economic
transformations, such as the downtown, airport, transit, university, and office park areas.
5.2 Develop Focused Area Land Use Concepts. The PlaceWorks team will develop a maximum of three land use
alternatives for each focused area of change to reflect needs and opportunities identified through the background
research, market analyses, and public engagement. We anticipate the concepts will depict various approaches for land
use distribution, density/intensity, and urban form. Plan scenarios may range from continuing and enhancing
prevailing patterns of development to transforming to higher intensities and mixed-use development. For these, we
will prepare maps depicting the distribution of uses, illustrative sketch plans, and diagrams depicting intentions for
urban form, including street network; blocks; public realm character; and building siting, scale, massing, and use. As an
option, PlaceWorks will create dynamic and interactive 3-D parametric models using ArcGIS Urban and share
interactive web scenes through ArcGIS Online and Hub. These will be accompanied by photographs of comparable
development prototypes so that residents, developers, and decision-makers clearly understand the anticipated scale,
quality, and character of development. For each scenario, the amount of potential development that would be
accommodated will be calculated.
5.3 Evaluate Comparative Impacts of Plan Alternatives. The PlaceWorks team will analyze the comparative impacts of
the plan alternatives so that City staff, the public, and decision-makers understand their implications and potential
trade-offs. PlaceWorks will document these analyses citywide and for the Focused areas. Existing conditions, the
current land use plan, and land use alternatives will be compared using Esri-based modeling tools. We will identify the
metrics to be evaluated based on input received in public meetings, will be confirmed with the City, and may include:
Financial feasibility pro forma analysis for up to two development prototypes for each concept plan.
Fiscal analysis based on a model quantifying the revenues and expenditures of each new housing unit (by type); square
footage of retail, office, and industrial buildings; and new lodging room.
Demands for parks, schools, libraries, and police and fire services based on standards established for each and compare
these with their existing and planned capacities.
Citywide changes in trip generation, distribution, and modal split, including transit and bicycling, by traffic analysis zone
citywide.
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Evaluation of the ability of existing and master planned drainage, sewer, and water systems to accommodate growth
and estimate of costs for improvements.
5.4 Land Use Alternatives Report. The PlaceWorks team will prepare a report describing the land use alternatives and
evaluations of their comparative impacts. It will be organized and designed to promote public interest and excitement
about the city’s future possibilities. It will describe the themes that underlie the plans, concepts for citywide growth
and land use distribution, and options for targeted opportunity sites. Plan maps and graphics illustrating each
alternative will be incorporated, including images of planning and design concepts prioritized as models for the future
of the city and site development concept sketches. Findings of the comparative impact analyses will be described, with
supporting infographics.
5.5 Review Land Use Alternatives and Select Preferred Plan. Alternative land use concept plans and analyses of their
comparative impacts will be reviewed with the GPAC, at public workshops, and with the Planning Commission and City
Council. Based on the feedback, we will develop a “preferred plan,” which may be one of the alternatives or a hybrid
of preferred elements from multiple alternatives. For this plan we will prepare descriptive text, GIS maps, and
supporting diagrams, photographs, visualizations, and other illustrations and calculate its development capacity.
TASK 6. GENERAL PLAN ELEMENT UPDATE
In this task, the PlaceWorks team will update the goals, policies, and implementation programs of the General Plan to
reflect current legislative requirements, conditions and issues, trends, best practices, and values and priorities of the
community expressed through the public engagement program.
6.1 General Plan Format. The PlaceWorks team will develop a template and style guide for the organization, content,
and layout of the updated General Plan. Examples from other communities will be reviewed with staff for feedback,
and final formats will be selected, and a template developed for preparing plan documents.
We will review with the City innovative, interactive, and extremely user-friendly web-based formats (refer to Task 7) as
an alternative to a printed document. PlaceWorks is on the cutting edge of developing web-based plans through our
unique partnership with Esri and use of the Esri Story Map application. The Story Map platform is highly suited for land
use planning documents because it can combine dynamic and interactive maps with narrative and/or regulatory text,
diagrams, images, and a full range of multimedia content. The digital platform would allow the City to regularly and
seamlessly update the plan following adoption and into implementation.
6.2 Administrative Draft General Plan Goals and Policies. Goals and policies will be prepared for each General Plan
element/topic based on the issues, Vision and Guiding Principles, and growth and land use plan developed in
preceding work tasks. We will start by reviewing the existing plan’s goals and policies and identify those that continue
to be applicable or can be modified for clarity, implementation, legal adequacy, and state-of-the-art practices. These
will be supplemented as necessary to ensure that issues and visions defined during the planning process are fully
addressed, as are recent legislative requirements.
The following describes the scope of policy updates generally based on the organization of the current General Plan.
These may be reorganized according to common topics and themes.
6.2.1 Land Use and Urban Form. PlaceWorks will develop a Land Use chapter to reflect the Land Use Plan selected
in Task 5.5. In updating existing goals and policies, we will link policies for physical development with objectives for
economic development, climate change and resilience, healthy communities, environmental justice/equity, and
safety. We propose to organize land use content into four subsections.
Land Use Diagrams. Two plan maps will be prepared. The first will depict the distribution of land uses by land use
designation, and the second will illustrate the growth strategy, identifying areas where existing uses and densities/
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intensities will be retained and those where growth will be accommodated. PlaceWorks will review existing Land
Use Plan categories with the City and consider the alternative of “place-based” designations that integrate
traditional definitions of use and density/intensity with provisions for the form and character of development. The
latter would address such characteristics as building locations, relationships to street frontages and buildings on
adjoining properties, mass and modulation, heights, street-fronting design, connectivity to parking, etc. The amount
of acreage in each category and maximum buildout will be quantified.
Goals and Policies Applicable Citywide to All Uses and Locations. These may address such topics as growth and
development capacity; land use mix; jobs-housing balance; land use and economic development relationships;
citywide urban form (downtown neighborhoods, centers, and corridors); and distribution and form of development
correlated with objectives for sustainability/climate change, community health, and environmental justice/ equity.
Goals and Policies Applicable to Land Use/Urban Form Designations. These will address unique issues and
objectives related to each category of use and urban form. For example, in residential neighborhoods we may
address accessory dwelling units, ancillary supporting uses such as small convenience and grocery stores, day-care
facilities, and/or shelters.
Goals and Policies Applicable to Specific Subareas, Corridors, and Districts. These provide additional guidance for
the intent, uses, and character of specific targeted areas of the city, such as the Downtown, transit corridor and
stations, and revitalized commercial centers.
6.2.2 Community Design. The form and design of San Bernardino’s built districts and their contribution to the
identification of “place” will be addressed, as described in Task 6.2.1. In this element, PlaceWorks will update
policies addressing the design and character of its public realm (streets, entries, pedestrian-active streetscapes,
etc.), and the overall design and character of its neighborhoods, districts, and corridors.
6.2.3 Housing. Using the housing technical report from Task 2.4, PlaceWorks will update the 2021–2029 Housing
Element (HEU). We will update goals, policies, programs, and quantified objectives (pursuant to Gov’t. Code §§
65583 et seq. and recent changes to state law) to address identified housing needs and constraints based on the
effectiveness and continued appropriateness of existing programs, information received through public outreach,
analysis of constraints, and findings from the needs assessment. Programs will describe specific steps for
implementation and will identify a time frame and responsible department.
HCD Review. We will submit the draft HEU to the Planning Commission and City Council for review and comment.
Following incorporation of comments, we will submit the draft HEU to HCD for review. PlaceWorks will be the City’s
representative and liaison to HCD during this review. Typically, two iterations of documentation and HCD review are
needed to obtain a letter of compliance. With the HCD review timelines, required public hearings, and current HEU
adoption deadline (October 15, 2021), the HEU should be submitted to HCD for its first review by mid-January 2021.
If this timeline is not feasible, state law allows a 120-day grace period.
Final Housing Element. Following the public hearings before the Planning Commission and City Council, two HCD
reviews cycles, and other input from stakeholders, we will revise and provide a final 20212029 HEU. This will contain
the housing plan (goals, policies, and programs) with an appendix of the housing technical report.
6.2.4 Economic Development. With our in-house economic expertise, PlaceWorks will weave economic
development as a strategy throughout all pertinent elements of the updated GP. With our proposed database
approach, users can access all goals and policies relevant to economic development. Also, the implementation
program can be easily updated as economic and market conditions change and the City achieves short-term
objectives. Thus, the Economic Development Element will focus on the long-term policy framework that supports
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the City’s economic development program. We will collaborate with City staff to identify the specific topics and
content. However, we envision this element addressing: business retention, attraction, and startups; fiscal vitality;
training and education; communications and marketing; tourism; development and redevelopment; and economic
development culture.
6.2.5 Circulation. KOA will review the previous General Plan circulation policies and implementation. Goals, policies,
and recommended programs that support land use plan and identified mobility needs will be developed based on
the analysis in previous tasks. The land use plan scenarios will be reviewed for mobility and transit networks.
Improvements could include potential new transit center locations, new or embellished major transit corridors, or
potential areas of micro transit investment to provide new links to major corridors. Curb management policies will
be developed for denser urban areas. Policies will also be developed to support automated vehicles at parking
facilities and on City roadways.
Other goals and policies to be addressed are traffic calming for neighborhoods near major travel corridors,
wayfinding signage, maintenance and evaluation of truck traffic, technology and traffic signal network
improvements to increase capacity without widening roadways, multimodal standards, and methods to promote
active transportation.
6.2.6 Utilities/Infrastructure. Fuscoe will coordinate with the Public Works staff to determine necessary
infrastructure improvements to support future land uses. Sustainable solutions for proposed areas of adaptive
reuse of vacant and underutilized commercial space will be identified, including a mixed-use development program
with multibenefit water quality and quantity features. This will include water quality features to ensure that parks,
public areas, and landscaping are clean and free of trash/other debris.
Fuscoe will assist in identifying sustainable goals and policies that contribute to the City’s goal of increasing
stormwater retention and infiltration for future groundwater use. It will also work to identify how infrastructure can
assist with optimizing public right-of-way and stormwater landscaping for aesthetic and environmental benefits.
Fuscoe will provide insights on how artificial intelligence and computer visioning can assist with mandatory citywide
stormwater and public works inspections for efficiencies and improved data collection.
6.2.7 Public Services and Facilities. PlaceWorks will update goals and policies for public services and facilities,
including police and fire protection and emergency services, schools, community centers, libraries, cultural facilities,
etc. Meetings with representatives of the police department, county fire district, local school districts, and higher
education institutions will review the updated Land Use Plan’s capacity for growth, discuss issues, confirm desired
performance levels, and strategize additional policy directions to ensure continued provision of services at or
exceeding these levels
6.2.8 Parks, Recreation, and Trails. Policies and programs in the existing element will be reviewed and updated to
reflect analyses of existing conditions and needs, best practices, and potential funding sources. As appropriate,
strategies will be defined for expanding existing or developing new parklands and recreational facilities in areas with
an inequitable distribution. Standards for the amount of parkland supporting residents will be confirmed and
augmented as appropriate to account for new development typologies that may be accommodated, such as mixed-
use projects.
6.2.9 Energy and Water Conservation. PlaceWorks will update existing goals and policies addressing water and
energy conservation in consideration of new legislation, standards, and best practices for land development,
building design, and infrastructure. For new development, these will be based on the California Green Building
Standards Code, California Energy Code, and California Water Code. We will also consult with City staff to assess the
appropriateness of endorsing more aggressive site development and building design policies and standards
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specified by such codes and rating systems as the Living Building Challenge, Leadership in Energy and Environmental
Design (LEED), Well Building Standard, and Passive House Institute.
6.2.10 Historic and Archaeological Resources. PlaceWorks will review the City’s current policies and goals for
historic and archeological resources. We will develop creative policy solutions to protect, preserve, restore, and
enhance areas, sites, and structures possessing architectural, historical, archaeological, and/or cultural significance,
and to reaffirm their continuing value as resources contributing to the vitality and diversity of San Bernardino.
6.2.11 Noise. PlaceWorks will update the technical components of the noise element, including revised future noise
contour maps, based on the updated land use plan and its traffic modeling. These technical studies will be used to
assess land use compatibility and application of mitigation standards, such as insulation. They also will serve as a
basis to review existing policies and update as needed to appropriately mitigate excessive noise impacts in the City.
6.2.12 Safety. The PlaceWorks team update the Safety Element to comply with all State laws. We will update
background information; hazard-specific information and details, including applicable mapping; and goals, policies,
and strategies. The element will incorporate the Climate Change Vulnerability Assessment and other relevant
analyses. We expect it will address hazards such as drought, extreme weather, flooding and wildfires, seismic and
geologic hazards, hazardous materials, crime and public safety, etc. Policies will meet requirements of the California
Government Code. We emphasize a “no regrets” approach that builds short- and long-term community resiliency
and provides cobenefits such as financial savings, conservation of natural resources, and improvements to public
health. We will streamline the element by creating policies that address multiple issues of concern and provide
multiple benefits. The Safety Element will be a framework to support integration of the 2016 Local Hazard
Mitigation Plan Update.
6.2.13 Climate and Adaptation. Although climate adaptation and resiliency goals and policies have an obvious
home in the Safety Element, achievement of these goals requires a cross-sector approach. We thus anticipate that
GHG reduction goals and policies will be integrated into several other elements. As part of the Existing Conditions
Report in Task 2, we will identify key GHG emissions sources and climate change vulnerabilities, and through staff
and public engagement, we will identify goals and strategies to reduce GHGs and increase resilience. We anticipate
equitable goals and policies to reduce waste and to encourage energy and water conservation and efficiency, green
infrastructure, and active transportation.
6.2.14 Environmental Justice and Health. The EJ and Health Element will address state law and topics of concern to
the community. Among the topics to be addressed will be:
Pollution exposure. Includes policies to prevent exposure to air pollution/toxic pollutants and protect sensitive populations.
Public facilities. Provision of infrastructure, parks, community facilities, and health care facilities and equitable access to all.
Food access. Policies to promote healthy food access through grocery stores, local agriculture, community gardens, and other
programs.
Safe and sanitary homes. Policies to ensure healthy and safe housing that contributes to healthful living conditions for
residents.
Promote physical activity. Policies to promote physical activity, access, and equitable distribution of parks, bikeways, trails,
and recreational facilities.
Ensure civil engagement in developing and implementing of policies and programs to address environmental justice.
6.3 Implementation Programs. As described in the Approach, PlaceWorks will develop a robust program of actions
implementing General Plan policies, plans, and development standards. For each, we will describe the action, identify
responsible individuals/agencies, and prescribe the timeline for implementation. During this process, PlaceWorks will
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facilitate meetings with City staff and the City Council to prioritize outcomes for implementation. Based on these, we
will identify five to ten implementation actions that will be most effective in achieving these results.
We recommend that the implementation programs be prepared as a separate document that can be used as a tool to
track progress and modified for changing legislation, funding resources, economic and market conditions, emergent
new practices, and changing community needs and priorities.
TASK 7. DRAFT UPDATED COMPREHENSIVE PLAN DOCUMENTATION
PlaceWorks’ team will prepare the public hearing draft updated GP in light of public comments and input from City
departments on the administrative draft in Task 6. The revised draft will incorporate an introduction describing the
statutory authority, purposes, and applications of the plan; the vision statement; and goals and policies. The
Implementation Program and technical appendices will be formatted as companion documents. Three iterations of
the document will be produced: an initial draft for staff review and comment, a second draft incorporating revisions in
response to comments received, and a final version for publication and posting on the project website.
We will review with the City innovative, interactive, and user-friendly web-based plan formats. PlaceWorks is on the
cutting edge for web-based plans, and we can use various platforms to suit our clients’ and their users’ requirements.
In a collaborative, iterative process, we will use analogues, use-case scenarios, wireframes, focus groups, and technical
advisory committees to better define your requirements. Understanding what needs to be accessed quickly and the
search functionalities required by staff, decision-makers, and the public, will result in design solutions that lead to
greater use of the GP, DSP, and Development Code. We can also integrate tested tools for tracking the progress of the
long-term goals to better inform shorter-term decision-making, like implementation and annual budgeting and future
revisions to the plans and code. This feedback loop transforms the General Plan and related components into a “living”
tool or system for continuous improvement.
We have the experience in multiple platforms to respond to your unique needs—e.g., a database approach that allows
you to search, retrieve, and repurpose extensive plan documents and related content; a largely geospatial/map-driven
tool like Esri’s StoryMap; or a highly graphical web-based tool that mimics a parallel hard copy document. Also, our in-
house graphic design experience ensures that the General Plan, Downtown Specific Plan, and Development Code are
unified in style and function but individually distinct.
Until we begin the design process, we cannot determine which approach ultimately is the best fit for San
Bernardino. For purposes of this scope of work and budget, however, we assume that we will proceed with a
StoryMap approach. Using an alternative platform for the General Plan and related content could require a rescope
and budget augmentation or reallocation. The budget for this task includes both the design and implementation of
the StoryMap version of the Plan and related content.
TASK 8. DOWNTOWN SPECIFIC PLAN
Preparation of the DSP will be conducted in parallel with the GP. We have combined certain GP and DSP tasks for
efficiency and to streamline the overall schedule. The DSP is intended to provide the foundation for desired
development building and leverage planned improvements at the Carousel Mall site.
8.1 Framework for Planning. The framework for the DSP process will be set at a series of meetings with City staff. The
meetings will define the DSP boundaries, identify the City’s objectives for the document, and establish the working
relationship between the City, the selected developer for the mall, and the consultant team. Redevelopment of the
Carousel Mall site will be a catalyst for new investment in the greater downtown area. Therefore, the boundaries of
the DSP area may extend to adjacent areas where change is expected and desired, such as around the Downtown
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Transit Station and north of the mall site along 5th Street. The initial meetings will also include a deeper dive into
planned or proposed projects in the Downtown, including capital improvement projects.
8.2 Supplemental Existing Conditions and Urban Design Analysis. The Existing Conditions Analysis in Task 2 will
encompass the area within the DSP, and its results will inform the Specific Plan. This task will involve a more detailed
opportunities and constraints analysis for the study area based on integrating concepts for the mall site and
implications for improved connectivity, public realm character, public spaces access, and urban form. Fuscoe will
conduct a site walkover and offer ideas on “opportunities or constraints” for infrastructure, green streets, stormwater
BMP, and other sustainable travel way features. This analysis will be used to develop the alternatives in Task 8.4.
8.3 Vision, Objectives, and Planning Principles. Based on the initial round of public outreach (Task 3), and working
sessions with staff and the selected developer, we will draft a vision for the DSP. The Vision statement will be
supported by a series of objectives and planning principles to guide the plan’s recommendations.
8.4 Alternative Land Use/Urban Form Plan Concepts. In conjunction with Task 5.2, focused areas of change will be
identified in the Specific Plan area for preparing alternative concepts. These concepts will include land use mix,
circulation, site design and other urban form characteristics. A one- or two-day charrette will be conducted to engage
the community, developers, City staff, and other interested parties in formulating initial concepts. These will be
presented to the Planning Commission and City Council for review and feedback.
8.5 Economic/Development Pro Forma Analyses. We will conduct a financial feasibility pro forma analysis for each
alternative concept. The analysis will determine the degree to which the City can expect developers to be interested in
pursuing the development prototype, the impacts of zoning standards and requirements on financial feasibility, and
recommend changes, if any, to incentivize the desired types of development. We will also assess the fiscal impacts of
each development prototype using the fiscal model described in Task 5.3.
8.6 Prepare Land Use Plan. Based on the results of the pro forma analysis of the opportunity sites, the urban design
analysis of the study area, and the development plan for the mall site, PlaceWorks will prepare a draft Land Use Plan
for the DSP area. We will coordinate with staff on the application of existing and new zoning designations and
correlation to the land use/urban typologies of the General Plan. A summary of the Draft Land Use Plan will be
prepared identifying key urban form components, including number of stories, intensity, mix of uses, street and open
space elements, that can be used for public engagement activities (described in Task 3). The Draft Land Use Plan will
undergo several rounds of refinements before becoming the basis for the CEQA analysis.
8.7 Draft Specific Plan. We will prepare an annotated outline of the Specific Plan for review and approval by City staff.
8.7.1 Preferred Land Use Plan. This section will incorporate the vision, guiding principles, and key urban design
concepts that are the foundation of the plan. Existing land use conditions will be described at a high level. The
Preferred Land Use Plan (zoning classifications) will be defined, including parameters/ranges for land use mix and
intensity, street and block networks, and public realm character. We will prepare a statistical summary of potential
buildout and a potential incentive/density bonus program. Relevant City, County, and other agency plans/programs
will also be documented.
8.7.2 Mobility Plan. The Mobility Plan for the DSP will set forth the plan for vehicular circulation and access,
pedestrian and bicycle access, future bus and rail service, and parking demand and supply strategy for the area.
Plans for infrastructure improvements in the study area, including those proposed in the GP and Active
Transportation Plan, will be incorporated into this section. We will coordinate with City staff to determine if any
other streets can be improved by traffic-calming measures, parking, or streetscape enhancements to expedite
development opportunities. Based on this input, cross-sections will be prepared and incorporated for the streets to
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be improved in the plan area. PlaceWorks will also identify future connections to the Metrolink station from areas
of proposed development and roadway enhancements that will need to be implemented as new development
occurs. Incentives to encourage development adjacent to transit through Transit Demand Management policies will
also be outlined in this plan. This may include modifying parking standards; promoting incoming development to
participate in the use of emerging technologies, such as bike share and car share; and developing strategies for
allocation of curb space for shared use vehicles.
Transportation policies, development incentives, and roadway infrastructure improvements proposed will be
summarized by PlaceWorks into in a comprehensive Mobility Plan for the Downtown Specific Plan.
8.7.3 Infrastructure Plan. The Infrastructure Plan will set forth a plan for water, sewer, and storm drainage for the
area. Fuscoe will evaluate the preferred Land Use Plan and compare projected land uses (proposed water and
sewer generation) against the infrastructure master plans to determine required improvements for drainage, water
and sewer services. The Infrastructure Plan will include exhibits identifying any required improvements. Fuscoe will
also work with Public Works staff to provide rough order of magnitude costs for infrastructure improvements
related to wet utilities. Fuscoe will identify the water quality treatment requirements, potential BMPs within the LID
hierarchy, and potential areas for BMP locations.
8.7.4 Development Standards. To streamline the entitlement process for future development, we recommend a
hybrid form-based code. For each of the zoning classifications/place types, standards are expected to address
minimum and maximum number of stories, minimum and maximum setbacks by street, minimum and maximum
block sizes, street frontage requirements, parking placement, detailed open space requirements and design
standards, and ground floor height and façade design requirements. For residential uses, we will incorporate
objective design standards to address architectural treatment and site planning. The use of incentives will also be
explored with staff based on the financial feasibility analysis conducted in Task 8.5.
8.7.5 Design Guidelines. Design guidelines will be prepared for commercial, office, residential, mixed-use, and any
industrial development within the study area. We will focus on the key elements of façade design, massing, and site
planning. Landscape design for public streets will also be prepared.
8.7.6 Implementation Plan and Economic Development Strategy. We will work closely with staff to develop an
application process that streamlines approvals. With a form-based code and design standards, it should be possible
to allow development by-right for some uses. The DSP process provides an opportunity to provide a future
streamlined entitlement process that includes a level of certainty that does not exist today. The Implementation
Plan will also include a comprehensive approach to fostering development, including public/private partnerships,
interdepartmental collaboration, creative infrastructure financing, shared/managed parking districts, and other
measures to help remove obstacles to the community’s vision.
8.8 Public Review Draft Specific Plan. The DSP will be submitted to staff for review and comments. We will meet with
staff to review comments and then prepare a public review draft document.
TASK 9. DEVELOPMENT CODE
Timing. While we update the General Plan, we will also think about how the Development Code would implement the
goals. We know that for much of the city, the new code will not change standards or requirements. In other areas we
may develop specialized zoning to allow a unique land use or expand design flexibility. The concurrent update of plan
and code ensures consistency and allows for real-world testing of projects against the draft code.
9.1 Review of Partial Draft Updated Code. PlaceWorks will review the present partial draft of the revised code in the
context of the proposed changes to the General Plan, state laws such as SB 35 and SB 330, and any changes the City
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needs to help review development projects. After our review we will discuss our observations with staff and schedule
stakeholder outreach.
9.2 Stakeholder Outreach. We recommend reaching out to key stakeholders (property owners, developers, local
architects, neighborhood leaders, environmental advocates, interested City residents) associated with the land
development process. Either as part of a focused meeting or a series of phone interviews, we will learn about the
strengths and weaknesses of the current code and review possible revisions.
9.3 Draft Zoning Code Sections. We view this work effort as helping to finish the Development Code rather than
starting anew. After our outreach, PlaceWorks will add text in track-change mode to the draft code to aid in staff
review. We will conduct bi-weekly conference calls to help with review and feedback.
9.4 Design and Operational Standards. State law supports objective design standards for certain types of land uses.
PlaceWorks can provide examples of objective design that would be consistent with the General Plan and could be
included in the code. We will also include operational criteria for permitted uses when requiring a conditional use may
be too restrictive. The design standards will appear as graphics in the document and may also reflect examples from
the General Plan or Downtown Specific Plan. As part of this subtask we will develop a preliminary list of uses requiring
special standards and regulations and definitions for all land use categories.
9.5 Zoning Map and Districts. The zoning district map will be updated for consistency with the General Plan and
completed as separate GIS layers. We will ensure that the resulting zoning map is readily accessible and that the data
presented enable analysis. This effort will also highlight parcels that are inconsistent with the General Plan so the EIR
can evaluate zoning changes.
9.6 Public Review Draft Code. We recommend circulating the draft Development Code along with the Draft General
Plan for the public to review concurrently. PlaceWorks will prepare the draft code in PDF for posting on the City’s
website. Following the review period, PlaceWorks will discuss the comments with staff, make changes as directed, and
produce a final draft for consideration by the Commission and Council. We will also summarize the changes for the
Staff report and draft the ordinance, and public notices.
9.7 Public Hearings. PlaceWorks has scoped for two Planning Commission and one City Council hearings on the draft
code. Ideally, these hearings would occur along with the General Plan adoption.
TASK 10. PROGRAM ENVIRONMENTAL IMPACT REPORT
10.1 CEQA Project Description. In addition to the project itself, the EIR should clearly state the City’s intent to:
Streamline consideration of future projects. In this context streamlining means that future projects consistent with
the General Plan can tier from the EIR and dispense with cumulative analyses, be covered by a mitigation
strategy for off-site impacts, and focus only on site-specific issues like biology or cultural resources.
Provide digital records. All information used for the EIR will be available online, allowing an applicant to evaluate
their project they make an application.
Customized CEQA. We will modify the existing CEQA process to eliminate checklist questions that clearly do not apply
and include thresholds that are specific to the City. These modifications will be part of the project description and will be
evaluated in the EIR.
Once we have a project description, we will prepare the notice of preparation (NOP) and schedule a scoping meeting.
10.1.1 Meetings and Coordination. In addition to the kick-off meeting for the EIR, we have scoped six in-person
meetings: Scoping, Admin Draft #1, two Planning Commission, and two City Council meetings. PlaceWorks will
prepare all requisite notices and work with the City to publish and distribute as required. PlaceWorks will also help
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staff with meeting materials, PowerPoints, and display materials for each meeting. PlaceWorks will distribute
notices as required and directed by the City.
10.2 Technical Analysis. PlaceWorks will use Story Maps to present the environmental setting information from the
background report (Task 2) as setting. This reduces the size of the EIR and allows us to easily update the information.
Our environmental team includes ECORP for cultural, biological, and paleontological analysis, and we will use the
results from Fuscoe and KOA engineering in the EIR. All technical studies and model results will be used in writing the
EIR and attached as appendices.
10.2.1 Air Quality and Greenhouse Gas Emissions Analysis (PlaceWorks). We will use SCAQMD methodology to
prepare a community-wide criteria air pollutant and GHG emissions inventory and forecast.
10.2.2 Noise and Vibration (PlaceWorks). The noise analysis will include a field study and development of updated
traffic and rail noise contours. An ambient noise measurement survey will consist of up to 10 short-term
(15-minute) and 5 long-term (48-hour) locations.
10.2.3 Biological Resources (ECORP). A desktop analysis will be prepared using data collected from existing
environmental documents, with spatial data from readily available resources (e.g., CNDDB, CNPS) regarding the
status of federal- and state-listed species. Targeted reconnaissance in the plan area will be conducted to verify and
update vegetation community information where needed.
10.2.4 Paleontological Resources (ECORP). A background literature review on the geology and paleontological
sensitivity will inform a constraints-level background report. The report will discuss geologic formations and their
potential for containing paleontological resources.
10.2.5 Cultural Resources (ECORP). Cultural resources records from standard sources (e.g., SCCIC, CHRIS) will be
used to develop a cultural and historic sensitivity model reflecting zones of high, moderate, and low sensitivity. As
part of this effort, ECORP will guide the SB 18 and AB 52 Tribal Consultation process, ensuring the process is
properly documented in the EIR.
10.2.6 Transportation (KOA). PlaceWorks will use information from the larger KOA General Plan effort to inform
the EIR AQ/GHG/noise and vibration analyses. Emphasis will be on the newly adopted VMT threshold and the ability
to screen out future projects.
10.3 Environmental Impact Report. A General Plan EIR is an opportunity for innovation because mitigation and
sensitivity can all be displayed in GIS and presented in Story Map, allowing the reader to select the information of
interest to them. We propose that the EIR be designed to evaluate the Development Code revision and Downtown
Specific Plan in stand-alone sections. This approach allows these project elements to be considered as discrete tasks.
The EIR contents will follow the CEQA guidelines, including all required chapters, but with a design and style that
reflects the needs of the City.
While the General Plan EIR will rely on policies, existing regulations, ordinances, and adopted standards, the DSP may
result in more project-based mitigation. The EIR will include analysis and discussion of the mitigation strategy.
Upon City approval of the Draft EIR as the public draft version, we will prepare a Notice of Availability (NOA) and
distribute the EIR for 45-day public review. We assume electronic distribution, with only a few copies for local use.
10.4 Final EIR and Certification Documents. The response to comments will describe the public review process and
will include copies of all comment letters received, written responses to comments, and any revisions to the Draft EIR.
PlaceWorks will prepare findings of fact and mitigation monitoring and reporting programs for the General Plan
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Update and Downtown Specific Plan. Overriding considerations will also be drafted, if needed, and a separate Notice
of Determination (NOD) and completion (NOC) for the City to file with the County Clerk and the State Clearinghouse.
TASK 11. PUBLIC REVIEW AND ADOPTION
11.1 Public Hearings. Formal hearings with the Planning Commission and City Council will be held to adopt the
updated GP, DSP, and Development Code and certify the Program EIR. The PlaceWorks team will participate in three
public hearings each with both the Planning Commission and City Council (maximum of six hearings). We will work
with City staff to develop content for their staff reports and prepare PowerPoint presentations. At the hearings, we
will be available for presentations and responding to comments. This task includes preparation for the hearings
(PowerPoint shows, presentation boards, and collateral materials) and attendance by up to four members from the
PlaceWorks team.
11.2 Adopted and Certified Documents. On adoption of the updated GP, DSP, and Development Code and
certification of the Final Program EIR, PlaceWorks will revise the draft documents, incorporating any changes approved
by the City Council. This will include revised files for printed reproduction and interactive online access and use.
TASK 12. POST-ADOPTION ACTIVITIES
Our proposal includes an optional year of consultant assistance to ensure the plan works as anticipated. Tasks could
include ongoing website assistance, development of protocols and procedures for GIS maintenance, plan
amendments, performance tracking and feedback, etc.
Implementation Assistance. Based on our experience in other communities, PlaceWorks recommends the inclusion of
a full year of implementation assistance. To maintain and expand buy-in, PlaceWorks would continue educating those
in the City organization (especially those who are new or were not involved with the effort) on the purpose and
applications of the updated GP, DSP, and Development Code.
Tracking and Feedback. The tracking and feedback system will be the primary means to measure progress toward
meeting plan visions and goals and enable databased decision-making. It will use data already in the City’s hands and
supplemented by outside sources, as necessary. PlaceWorks will collaborate with City staff to identify indicators that
realistically relate to the GP’s goals and policies, evaluate suitability and availability, and select those with the most
utility in moving the GP forward. For these, we will determine benchmarks and targets based on current conditions.
In building this system, we will meet with staff from departments throughout the City that have a direct or indirect
role in implementing plan policies. These meetings would include not only department heads but GIS staff, database
administrators, internal auditors, and anyone with “research” or “analyst” in their title. This process will create a
citywide data inventory that will be used to the extent feasible. PlaceWorks will document data sources, purposes,
timeliness, and reliability. Most importantly, we will document the format in which the data are stored.
We will design real-time dashboards that provide the information and indicators that enable City staff to support
decision-making. It will allow the City to define and revise report formats and generate reports using any of the data
incorporated into the system. In addition, the system will provide a public dashboard that will enable residents and
investors to see progress and will promote accountability for implementation of the GP, DSP, and Development Code.
Website Platform. PlaceWorks will also be available to assist the City as necessary in the content management and
technical maintenance of the website. This could take the form of materials such as a training and operations manual,
the development of amendment protocols and procedures, and on-call technical support.
GIS Data and Mapping. PlaceWorks will be available to assist the City to update or add features to web-based
mapping tools or the GIS data itself. PlaceWorks will ensure that our GIS manager and other staff, as necessary, are on
call to support the City in updating, maintaining, or correcting GIS datasets or web-based mapping tools.
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WORK PRODUCTS
The following summarizes the principal work products to be prepared for the General Plan Update, Downtown Specific
Plan, Development Code, and Program Environmental Impact Report. In addition, meeting agendas and summaries,
memoranda, preliminary discussion papers, public engagement collateral materials, and miscellaneous “working”
documents will be prepared. All documents will be submitted in digital formats and files compatible with San
Bernardino’s software and programs. Formats will include Word, Excel, InDesign, and ArcGIS (as described in the
preceding work scope). Printed copies will be limited to those necessary for distribution to state, regional, and local
agencies, public engagement meetings, and City Council and Planning Commission study sessions and public hearings.
Task Work Product/Deliverable
Project Foundation and
Coordination
• Project schedule, management, and tracking system
• Summary of City Council meetings
• General Plan review findings
Existing Conditions
Study
• Base map and templates
• Technical studies, map atlas, StoryMaps
• Existing Conditions Report: Administrative Draft, Revised Draft, and Final
• Community Snapshot: Administrative Draft, Revised Draft, Final Snapshot
Public Outreach
Strategy
• Public Engagement Plan
• Web site and social media content
• Meeting/event outreach media: flyers, website/social media postings, fact sheets, etc.
• Meeting/event collateral: Agendas, presentations, activity media (maps, use icons, etc.)
• Meeting and event summaries
Vision Statement • Administrative draft, revised draft, and final
Land Use Plan Update • Maps: Areas of change, land use options, and preferred plan
• Concept alternatives and preferred plan visualizations
• Alternatives Report: Administrative Draft, Revised Draft, and Final
Updated Elements • Working draft Elements for internal review
General Plan
Document
• Public Draft GPU: Administrative Draft, Revised Draft, and Final
• Plan Maps/Diagrams: Land Use, Circulation, Open Space, Other (as described in scope)
• Implementation Plan: Administrative Draft, Revised Draft, and Final
• On-Line and StoryMap versions
Downtown Specific
Plan
• Existing conditions and data base: Framework for planning
• Maps: Areas of change, land use options, preferred plan (use, urban design, mobility, etc.)
• Concept alternatives and preferred plan visualizations
• Specific Plan Document: Administrative Draft, Revised Draft, and Final
Development Code • Draft Code review
• Draft Code sections, zoning map and districts, public review Code
Program EIR • Notices: Preparation, Completion, and Determination
• Administrative, revised, and final public draft PEIR
• Final PEIR and certification documents
Post-Adoption • Implementation Tracking and Reporting System
CITY STAFF ROLES
We see ourselves as a seamless extension of City staff and will actively collaborate with staff on the GP work program.
Tasks will predominantly be completed by our team, with City staff responsible for: participation in project
management meetings; transfer of available source data; commenting on consultant work products; participating in
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PlaceWorks-facilitated meetings and charrettes to “brainstorm” direction for the Vision Statement, identification of
opportunity areas, selection of a preferred land use plan, and setting overarching goals and policies for plan elements;
securing venues and providing supporting staff for public engagement activities; and serving as liaison with City
Council and Planning Commission. These roles are more specifically described for each task in the work program.
D. Staffing
Provided below is a list of key staff members who will work on this project with title, function, and years of
experience. Shaded rows indicate component managers. Detailed qualifications for each staff member may be found
in their full resumes in J. Appendix. We understand that should the need arise to assign different key staff members to
the project, we must submit their names and qualifications to the City for approval before they begin work.
Staff Name/Title Function(s)
Key Role in
GP ZC DTSP EIR
Total Years
Experience
WOODIE TESCHER
Principal, Planning + Urban Design Principal-in-Charge, Project Manager, Land Use Lead 35+
JONATHAN NETTLER, AICP | LA Regional Director Assistant Project Manager, Historic Architecture Lead 20
BRIAN JUDD | Managing Principal, Planning Strategic Advisor 25
WENDY NOWAK, AICP | Principal Community Outreach Lead 20
ALEXA WASHBURN, LEED AP ND
Sr. VP & Acquisitions, National CORE Strategic Advisor, Housing and Specific Plan 20
SANDRA ESPADAS | Community
Development Manager, National CORE Community Liaison and Outreach Facilitator 20
STEVE GUNNELLS | Chief Economist Economics, Market/Fiscal Analysis Lead 26
MARK HOFFMAN | Associate Principal Housing, Health, and Environmental Justice Lead 25
TAMMY L. SEALE | Associate Principal Climate Adaptation & Resiliency/Safety Element Lead 25
MICHAEL NILSSON, AICP | Sr. Associate Circulation Element Lead + Active Transportation 22
JOEL FALTER | Principal, KOA Traffic/Transportation Principal 38
BRIAN MARCHETTI | Senior Planner, KOA Traffic/Transportation Lead 23
KAREN GULLEY | Managing Principal, Design Specific Plan Manager 32
ALAN LOOMIS | Principal, Urban Design Community Design Lead 20
MARK TEAGUE, AICP | Associate Principal Zoning Code Update Manager and
CEQA Compliance Manager 37
ROBERT KAIN | GeoSpatial Services Mgr. Zoning Code Update, Web Platforms, GIS 22
NICOLE VERMILION | Principal PlaceWorks’ CEQA Technical Studies Quality Control 12
DON MITCHELL | Principal Biologist, ECORP Biological Resources Manager 30
LISA WESTWOOD | Director of Cultural
Resources, ECORP Cultural Resources Manager 25
E. Qualifications
As allowed per Question 1.7 in the Questions & Answers released on April 23rd, Qualifications are excluded from page
limits. Therefore, Qualifications are provided in J. Appendix.
4.c
Packet Pg. 63 Attachment: CED.General Plan - PSA PlaceWorks.A2.Professional Services Agreement.Exhibit A (6906 : Professional Services Agreement with
PROPOSAL FOR SERVICES | PLACEWORKS 29
F. Fee Proposal
Because the Fee Proposal is a large table (11x17), and per the RFP tables do not count toward the page limit, our Fee
Proposal is provided in J. Appendix.
HOURLY RATES FOR ADDITIONAL WORK
G. Insurance
A summary of PlaceWorks standard insurance coverage is provided below. If you need any additional information,
please let us know.
PlaceWorks 2020 Standard Insurance
Commercial General Liability Insurance
Amount of Liability Insurance: $5,000,000 Deductible $5,000.00
Name of Insurer/Surety Agent: Crum & Forster Specialty Insurance
Co. (AMB Rating A XIII) Policy No. EPK127413
Expiration Date: 07/01/2020
Professional Liability/Contractors’ Pollution Insurance
Amount of Liability Insurance: $5,000,000 Deductible $25,000.00
Name of Insurer/Surety Agent: Crum & Forster Specialty Insurance
Co. (AMB Rating A XIII) Policy No. EPK127413
Expiration Date: 07/01/2020
Automobile Liability Insurance
Amount of Liability Insurance: $1,000,000 Deductible $1,000.00
Name of Insurer/Surety Agent: Travelers Property Casualty Co of
America (AMB Rating A++ XV) Policy No. BA1N96406A19CAG
Expiration Date: 07/01/2020
Worker’s Compensation /Employer’s Liability Insurance
Amount of Liability Insurance: $1,000,000
Name of Insurer/Surety Agent: Travelers Property Casualty Co of
America (AMB Rating A++ XV) Policy No. UB7K7286761943G
Expiration Date: 07/01/2020
Excess Liability Insurance (only extends to Auto Liability
and Employee Liability)
Amount of Liability Insurance: $4,000,000
Name of Insurer/Surety Agent: Travelers Property Casualty Co of
America (AMB Rating A++ XV) Policy No. EX6J3287561943
Expiration Date: 7/1/2020
Excess Liability Insurance (only extends to GL, PL, and E&O)
Amount of Liability Insurance: $1,000,000
Name of Insurer/Surety Agent: Crum & Forster Specialty
Insurance Company (AMB Rating A XIII) Policy No.
EX6J3287561943
Expiration Date: 7/1/2020
Cyber Liability Insurance
Amount of Liability Insurance: $1,000,000 Deductible
$10,000.00
Name of Insurer/Surety Agent: Lloyds of London (AMB Rating
A+ XV)
Policy No. W1C012180301
Expiration Date: 7/1/2020
4.c
Packet Pg. 64 Attachment: CED.General Plan - PSA PlaceWorks.A2.Professional Services Agreement.Exhibit A (6906 : Professional Services Agreement with
30 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE
H. Litigation
PlaceWorks has filed no claims nor have we had any claims filed against us within the past 5+ years.
National Community Renaissance of California (National CORE) has no litigation history related to the provision of
planning services in the last 5 years.
KOA Corporation has no past or pending litigation, or claims filed against its firm, principals of the firm, or each of its
key consultants, related to services performed for public agencies, or in actions that may affect its performance under
a contract with the City current or within the last 5 years.
In the matter of Brasada Homes Land, LLC v. Fuscoe Engineering, Inc. Brasada claims professional negligence and
resulting damages in relation to Fuscoe Engineering Inc.'s engineering work performed at a project in San Dimas,
California. Fuscoe is in the information gathering stage and is locating relevant documents for counsel review and to
produce to the claimants. Otherwise, it is too early to determine whether the matter will be resolved through
settlement or arbitrated. It is far too early to determine the likely outcome of this matter.
Under contract to a client, ECORP Consulting participated in a design/build project involving construction of mitigation
wetlands. A small portion of those wetlands did not meet the performance success criteria defined by the US Army
Corps of Engineers. Although the failure was attributable to erroneous soil data provided by another of the client’s
contractors, the client filed a claim against ECORP’s professional liability insurance, and a settlement was reached out
of court.
I. Other Information
Demonstration of Staffing Tasks Efficiently and Completing Projects on Time and Within Budget. PlaceWorks has
never failed to complete a project, nor have we ever been terminated for cause. We encourage you to ask questions
of the contacts we provided in the References section.
Community Involvement. None at this time.
Previous Involvement with the City. PlaceWorks has performed the following projects for the City: Waterman
Gardens TOD Overlay District/Neighborhood Housing Charrette; TOD Overlay District Station Area Meetings with
Council Members; San Bernardino Housing Element Update; 3rd Party Peer Review for Norton Science & Language
Academy MND/MMRP and Ono Lead Extension EIR; Application for 2009-2010 Community Based Transportation
Planning Grant; Master On-Call Environmental Services Contract; General Plan and Arrowhead Springs Specific Plan
and EIR; Addendum to the General Plan EIR
Conflicts of Interest. PlaceWorks has no known conflicts of interest in connection with providing the services in this
proposal. It should be noted that we are on the City’s qualified consultants list to provide Environmental, however, our
protocol is to check every project with all potential parties prior to committing to pursuits. There are no projects in
process that would conflict, and until we learn this results of this proposal, we will hold off on pursuing others.
4.c
Packet Pg. 65 Attachment: CED.General Plan - PSA PlaceWorks.A2.Professional Services Agreement.Exhibit A (6906 : Professional Services Agreement with
The PlaceWorks Team
COST PROPOSAL: San Bernardino General Plan Update, Downtown Specific Plan, Zoning Code Update, and EIR
National CORE
KOA
CORP. FUSCOE ECORP
Hourly Rate:Total Hrs Total Dollars
TASK 1. PROJECT FOUNDATION, INITIATION, AND COORDINATION
1.1 Kick-off Meeting and City Tour 28 $6,038 0 960 0 0 $96 $1,056 $7,094
Project Management and Tracking System 312 $61,730 0 4,655 0 0 $466 $5,121 $66,851
Coordination Meeting with City Staff 258 $56,375 0 0 0 0 $0 $0 $56,375
Coordination with City Staff 350 $71,308 0 4,950 0 0 $495 $5,445 $76,753
Meetings with City Council Members 53 $11,475 0 0 0 0 $0 $0 $11,475
1.2 Document Templates and Base Maps 40 $6,701 0 0 0 0 $0 $0 $6,701
1.3 Review of Existing General Plan 112 $19,196 0 0 0 0 $0 $0 $19,196
Task 1. Subtotal 1153 $232,823 $0 $10,565 $0 $0 $1,057 $11,622 $244,445
TASK 2. EXISTING CONDITIONS/BACKGROUND REPORT (Database and analyses supporting the GPU, DTSP, Development Code, and PEIR)
Perspective of San Bernardino's History 44 $6,079 0 0 0 0 $0 $0 $6,079
The Built Environment 0 $0 0 0 0 0 $0 $0 $0
2.1 Land Use 180 $29,192 0 0 0 0 $0 $0 $29,192
2.2 Urban Design and Public Places 0 $0 0 0 0 0 $0 $0 $0
2.3 Housing 740 $101,143 3,000 0 0 0 $300 $3,300 $104,443
2.4 Historic Resources 8 $1,591 0 0 0 19,920 $1,992 $21,912 $23,503
Infrastructure and Public Services 0 $0 0 0 0 0 $0 $0 $0
2.5 Mobility/Circulation 20 $3,774 0 81,775 0 0 $8,178 $89,953 $93,727
2.6 Infrastructure 0 $0 0 0 17,000 0 $1,700 $18,700 $18,700
2.7 Police and Fire 9 $989 0 0 0 0 $0 $0 $989
2.8 Parks and Recreation 128 $17,993 0 0 z 0 $0 $0 $17,993
2.9 Education 72 $8,486 0 0 0 0 $0 $0 $8,486
Economy and Jobs 0 $0 0 0 0 0 $0 $0 $0
2.10 Local Economy 63 $9,588 0 0 0 0 $0 $0 $9,588
2.11 Market Demand 130 $19,023 0 0 0 0 $0 $0 $19,023
The Community 0 $0 0 0 0 0 $0 $0 $0
2.12 Population and Demographics 114 $12,658 0 0 0 0 $0 $0 $12,658
2.13 Equity, Environmental Justice, and Health 344 $56,855 0 0 0 0 $0 $0 $56,855
The Natural Environment 0 $0 0 0 0 0 $0 $0 $0
2.14 Biological Resources 0 $0 0 0 0 18,000 $1,800 $19,800 $19,800
2.15 Cultural Resources 0 $0 0 0 0 9,960 $996 $10,956 $10,956
2.16 Hydrology and Water Quality 0 $0 0 0 0 0 $0 $0 $0
2.17 Air Quality 56 $10,853 0 0 0 0 $0 $0 $10,853
2.18 Climate and Climate Change 72 $11,179 0 0 0 0 $0 $0 $11,179
Hazards and Vulnerability 0 $0 0 0 0 0 $0 $0 $0
2.19 Noise 68 $9,200 0 0 0 0 $0 $0 $9,200
2.20 Geologic and Seismic Hazards 13 $1,729 0 0 0 0 $0 $0 $1,729
Flooding 5 $913 0 0 0 0 $0 $0 $913
Fire and Wind 38 $4,723 0 0 0 0 $0 $0 $4,723
Public Safety 12 $1,510 0 0 0 0 $0 $0 $1,510
Geology 4 $694 0 0 0 0 $0 $0 $694
2.21 Existing Conditions Report 236 $33,793 0 0 0 0 $0 $0 $33,793
2.22 Community Snapshot 116 $18,625 0 0 0 0 $0 $0 $18,625
Task 2. Subtotal 2472 $360,590 $3,000 $81,775 $17,000 $47,880 $14,966 $164,621 $525,211
TASK 3. PUBLIC OUTREACH STRATEGY (Phases: Visioning, Collaboration, Decision-Making, Monitoring and Evaluation)
3.1 Public Engagement Plan 70 $12,880 480 0 0 0 $48 $528 $13,408
3.2 Citywide Workshops (4 rounds @ 3 locations -12 total)486 $86,557 3,200 16,920 0 0 $2,012 $22,132 $108,689
3.3 Focus Area Workshops (3 total)215 $39,500 1,200 $120 $1,320 $40,820
3.4 Pop-Up Events (Assume 3 events)206 $33,966 3,200 0 0 0 $320 $3,520 $37,486
3.5 Stakeholder Interviews or Roundtables 156 $30,722 1,200 0 0 0 $120 $1,320 $32,042
3.6 General Plan Advisory Committee (14 meetings)480 $91,882 0 2,910 0 0 $291 $3,201 $95,083
3.7 Project Branding and Collateral Materials 362 $60,588 0 0 0 0 $0 $0 $60,588
3.8 Project Website 200 $36,271 0 0 0 0 $0 $0 $36,271
3.9 Social Media, Online Surveys (3) and Outreach Coordination 298 $49,980 24,000 0 0 0 $2,400 $26,400 $76,380
Task 3. Subtotal 2473 $442,346 $33,280 $19,830 $0 $0 $5,311 $58,421 $500,767
TASK 4. VISION STATEMENT
4.1 Public Visioning Events (Addressed by Task 3)
4.2 Draft Vision Statement and Guiding Principles 100 $18,972 0 0 0 0 $0 $0 $18,972
4.3 Review Preliminary Vision Statement 8 $1,683 0 0 0 0 $0 $0 $1,683
4.4 Final Vision Statement and Guiding Principles 36 $6,691 0 0 0 0 $0 $0 $6,691
Task 4. Subtotal 144 $27,346 $0 $0 $0 $0 $0 $0 $27,346
TASK 5. LAND USE PLAN UPDATE
5.1 Confirm Areas of Conservation and Change 65 $11,868 0 0 0 0 $0 $0 $11,868
5.2 Develop Focused Area Land Use Concepts 474 $91,535 0 0 0 0 $0 $0 $91,535
5.3 Evaluate Comparative Impacts of Plan Alternatives
5.3.1 Economic Analyses 200 $30,345 0 0 0 0 $0 $0 $30,345
5.3.2 Fiscal Impacts 192 $28,550 0 0 0 0 $0 $0 $28,550
5.3.3 Public Facilities and Services 50 $5,865 0 0 0 0 $0 $0 $5,865
5.3.4 Traffic Model/Forecasts 6 $1,377 0 98,534 0 0 $9,853 $108,387 $109,764
5.3.5 Infrastructure 2 $398 0 0 7,500 0 $750 $8,250 $8,648
5.3.6 Natural Environment 36 $5,202 0 0 0 0 $0 $0 $5,202
5.3.7 Climate Change/GHG Emissions 38 $6,008 0 0 0 0 $0 $0 $6,008
5.4 Land Use Alternatives Report 102 $20,665 0 0 0 0 $0 $0 $20,665
5.5 Review Alternatives 50 $9,751 0 67,980 0 0 $6,798 $74,778 $84,529
Select Preferred Plan 96 $19,105 0 0 0 0 $0 $0 $19,105
Task 5. Subtotal 1311 $230,669 $0 $166,514 $7,500 $0 $17,401 $191,415 $422,084
PLACEWORKS
Prime Consultant
Total
Subconsultants
TOTAL
TASK
BUDGET
SUBCONSULTANTS
Outreach Advisor
with Comm. Based
Organizations
(CBOs)
Traffic,
Circulation,
and
Parking
Hydrology, Water
Quality,
Infrastructure
Biological,
Cultural, Historic,
Archaeo/Paleo 10%
Subconsultant
Markup
PROPOSAL FOR SERVICES | PLACEWORKS J-3
4.d
Packet Pg. 66 Attachment: CED.General Plan - PSA PlaceWorks.A2.Professional Services Agreement.Exhibit B (6906 : Professional Services Agreement with
The PlaceWorks Team
COST PROPOSAL: San Bernardino General Plan Update, Downtown Specific Plan, Zoning Code Update, and EIR
National CORE
KOA
CORP. FUSCOE ECORP
Hourly Rate:Total Hrs Total Dollars
PLACEWORKS
Prime Consultant
Total
Subconsultants
TOTAL
TASK
BUDGET
SUBCONSULTANTS
Outreach Advisor
with Comm. Based
Organizations
(CBOs)
Traffic,
Circulation,
and
Parking
Hydrology, Water
Quality,
Infrastructure
Biological,
Cultural, Historic,
Archaeo/Paleo 10%
Subconsultant
Markup
TASK 6. GENERAL PLAN UPDATE
6.1 General Plan Format 78 $15,606 0 0 0 0 $0 $0 $15,606
Writing Guide 20 $3,978 0 0 0 0 $0 $0 $3,978
6.2 Administrative Draft General Plan Goals ad Policies
Introduction 22 $4,447 0 0 0 0 $0 $0 $4,447
Vision and Guiding Principles 12 $2,366 0 0 0 0 $0 $0 $2,366
6.2.1 Land Use and Urban Form 272 $49,388 0 0 0 0 $0 $0 $49,388
6.2.2 Community Design 0 0 0 0 $0 $0 $0
6.2.3 Economic Development 144 $24,562 0 0 0 0 $0 $0 $24,562
6.2.4 Housing 242 $41,667 0 0 0 0 $0 $0 $41,667
6.2.5 Circulation 86 $16,381 0 71,895 0 0 $7,190 $79,085 $95,466
6.2.6 Utilities/Infrastructure 8 $1,632 0 0 9,500 0 $950 $10,450 $12,082
6.2.7 Public Services and Facilities 156 $22,012 0 0 0 0 $0 $0 $22,012
6.2.8 Parks, Recreation, and Trails 168 $23,664 0 0 0 0 $0 $0 $23,664
6.2.9 Energy and Water Conservation 26 $5,314 0 0 0 0 $0 $0 $5,314
6.2.10 Historic and Archaeologic Resources 14 $2,876 0 0 0 0 $0 $0 $2,876
6.2.11 Noise 18 $3,672 0 0 0 0 $0 $0 $3,672
6.2.12 Safety 70 $9,262 0 0 0 0 $0 $0 $9,262
6.2.13 Climate and Adaptation 102 $15,412 0 0 0 0 $0 $0 $15,412
6.2.14 Environmental Justice and Health 154 $29,692 0 0 0 0 $0 $0 $29,692
6.3 Implementation Programs 212 $45,104 0 0 0 0 $0 $0 $45,104
6.4 Outside Agency Review (HCD, CALFIRE, CAG, ALUC, OTHER)212 $31,865 0 0 0 0 $0 $0 $31,865
6.5 Review Administrative Draft General Plan and Implem. Pgms.48 $10,445 0 0 0 0 $0 $0 $10,445
Task 6. Subtotal 2064 $359,345 $0 $71,895 $9,500 $0 $8,140 $89,535 $448,880
TASK 7. DRAFT COMPREHENSIVE GENERAL PLAN DOCUMENTATION
7.1 Confirm Plan Organization/Layout (Review Options)524 $91,504 0 0 0 0 $0 $0 $91,504
7.2 Administrative Draft 476 $75,664 0 0 0 0 $0 $0 $75,664
7.3 Final Public Draft 168 $24,786 0 0 0 0 $0 $0 $24,786
7.4 Responses to Comments/Input for PC and CC Staff Reports 92 $17,524 0 0 0 0 $0 $0 $17,524
7.5 PC Recommended Revisions 20 $4,162 0 0 0 0 $0 $0 $4,162
Task 7. Subtotal 1280 $213,640 $0 $0 $0 $0 $0 $0 $213,640
TASK 8. DOWNTOWN SPECIFIC PLAN
8.1 Framework for Planning 80 $15,055 0 0 0 0 $0 $0 $15,055
8.2 Supplemental Existing Conditions and Urban Design Analysis 140 $27,479 0 0 12,500 0 $1,250 $13,750 $41,229
8.3 Vision, Objectives, and Planning Principles 50 $9,823 0 0 0 0 $0 $0 $9,823
8.4 Alternative Land Use/Urban Form Plan Concepts 98 $18,727 0 0 8,500 0 $850 $9,350 $28,077
8.5 Economic/Development Pro Forma Analyses 242 $35,945 5,000 0 0 0 $500 $5,500 $41,445
8.6 Prepare Land Use Plan 84 $17,840 0 0 0 0 $0 $0 $17,840
8.7 Draft Specific Plan 6 $1,285 0 0 0 0 $0 $0 $1,285
8.7.1 Preferred Land Use Plan.74 $13,189 0 0 0 0 $0 $0 $13,189
8.7.2 Mobility Plan.132 $21,583 0 15,120 0 0 $1,512 $16,632 $38,215
8.7.3 Infrastructure Plan 64 $10,404 0 0 12,500 0 $1,250 $13,750 $24,154
8.7.4 Development Standards 110 $21,604 0 0 0 0 $0 $0 $21,604
8.7.5 Design Guidelines 126 $22,583 0 0 0 0 $0 $0 $22,583
8.7.6 Implementation Plan and Economic Development Strategy 72 $15,392 0 0 0 0 $0 $0 $15,392
8.8 Public Review 210 $31,722 0 0 0 0 $0 $0 $31,722
Task 8. Subtotal 1488 $262,631 $5,000 $15,120 $33,500 $0 $5,362 $58,982 $321,613
TASK 9. DEVELOPMENT CODE
9.1 Review Partial Draft Updated Code 108 $20,461 0 0 0 6,850 $685 $7,535 $27,996
9.2 Stakeholder Outreach 98 $16,106 0 0 0 0 $0 $0 $16,106
9.3 Draft Zoning Code Sections 428 $74,725 0 0 0 0 $0 $0 $74,725
9.4 Design and Operational Standards 148 $26,887 0 0 0 0 $0 $0 $26,887
9.5 Zoning Map and Districts 64 $12,587 0 0 0 0 $0 $0 $12,587
9.6 Public Review Draft Code 46 $8,446 0 0 0 0 $0 $0 $8,446
9.7 Public Hearings 20 $4,039 0 0 0 0 $0 $0 $4,039
9.8 Final Development Code 66 $10,486 0 0 0 0 $0 $0 $10,486
Task 9. Subtotal 978 $173,737 $0 $0 $0 $6,850 $685 $7,535 $181,272
TASK 10. PROGRAM EIR
10.1 CEQA Project Description 100 $15,932 0 0 0 6,000 $600 $6,600 $22,532
10.2 Technical Analysis 425 $67,646 0 0 45,420 $4,542 $49,962 $117,608
10.3 Environmental Impact Report 1001 $134,757 0 0 0 12,450 $1,245 $13,695 $148,452
10.4 Final EIR & Certification Documents 356 $45,145 0 0 0 5,000 $500 $5,500 $50,645
Task 10. Subtotal 1882 $263,480 $0 $0 $0 $68,870 $6,887 $75,757 $339,237
TASK 11. PUBLIC REVIEW AND ADOPTION
11.1 Planning Commission (Assume 3 study sessions/hearings)152 $32,069 0 1,260 0 0 $126 $1,386 $33,455
City Council (Assume 3 study sessions/hearings)152 $32,069 0 630 0 0 $63 $693 $32,762
11.2 Adopted and Certified Documents 88 $12,444 0 0 0 0 $0 $0 $12,444
Task 11. Subtotal 392 $76,582 $0 $1,890 $0 $0 $189 $2,079 $78,661
TASK 12. POST-ADOPTION ACTIVITIES
12.1 Training Sessions (Staff, PC, CC, Other)224 $48,103 0 0 0 0 $0 $0 $48,103
12.2 Implementation Tracking and Modifications 248 $47,858
12.3 Contingency 0 $48,868 0 0 0 0 $0 $0 $48,868
Task 12. Subtotal 472 $144,829 $0 $0 $0 $0 $0 $0 $144,829
Labor Hours Total 16,109
Labor Dollars Total $2,788,018 $41,280 $367,589 $67,500 $123,600 $59,998 $659,967 $3,447,985
PlaceWorks Percent of Total Labor 100.0%
PlaceWorks Reimbursable Expenses $150,000
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $150,000
GRAND TOTAL $3,597,985
PROPOSAL FOR SERVICES | PLACEWORKS J-4
Unspent balances for line item work tasks may be re-allocated to Task 12.3 Contingency or other work tasks based on mutual agreement of the City of San Bernardino
and PlaceWorks
0 0 0 0 $0 $0 $47,858
4.d
Packet Pg. 67 Attachment: CED.General Plan - PSA PlaceWorks.A2.Professional Services Agreement.Exhibit B (6906 : Professional Services Agreement with
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Meadowbrook Insurance Claim Funds
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive a presentation and provide direction to staff regarding project
programming for the remainder of Meadowbrook Bridge insurance claim funds.
Background
In October 2017, the Meadowbrook Bridge, which is located at 250 N. Sierra Way, San
Bernardino, suffered extensive fire damage. As a City property, the bridge was covered
under the City’s insurance policy and a claim was submitted by Risk Management to
address the repair or replacement of the bridge. An assessment of the structural
damage was completed by FM Global, and it was determined that the replacement cost
of the bridge would be $884,227.50. The City ultimately chose to accept the cash value
of the claim, in an amount $812,504, after depreciation and deductibles were accounted
for.
On July 17, 2019, the Mayor and City Council directed staff to program the use of the
insurance monies received in the following manner:
1. Reserve $40,480 to complete the design of the Bridge (completed).
2. Rehabilitate the existing bridge by installing a steel mesh and repairing the
concrete to ADA Compliance at a cost of $76,438 (completed).
3. Rehabilitate the parking lot at Nunez Park f acing 5th Street (completed).
4. Rehabilitate the parking lot at Lytle Creek Park at the corner of K and Oak
(completed).
5. Appropriate $150,000 for improvements at Nicholson Park.
Having completed items No. 1 through 4 above, and holding aside the appro priation for
No. 5, there is $294,481 that remains available from the insurance claim funds. The
remaining amount reflects saving from projects that were completed under budget, as
well as a small balance of the funds that were not previously appropriated to a project.
Discussion
Over the last couple of months, several suggestions have been shared with staff for use
5
Packet Pg. 68
6891
Page 2
of the remaining insurance claim funds. Staff has compiled a list of the suggestions
shared and have provided estimated project costs for each.
Rehabilitate soccer fields at Nunez Park located on 5th Street - cost of $425,000.
(Item will require additional funding from another fund source if chosen .)
Allocate $60,000 for outside showers at pool facilities at three parks to meet
COVID-19 guidelines related to pool use. This suggestion was made at a recent
CDBG AdHoc Committee meeting. The park locations under consideration are:
Ruben Campos Community Center and Pool, Rudy Hernandez Center and Pool,
and Delmann Heights Pool.
Rehabilitate the parking lot at Lytle Creek Park on Eureka Street . Approximately
90,000 SF for a cost of $315,000 . (Item will require additional funding from
another fund source if chosen.)
Rehabilitate the parking lot at Lytle Creek Park on K Street. Approximately
40,000 SF for a cost of $140,000.
Rehabilitate the parking lot at Moreno Park (Meadowbrook Park). Approximately
35,000 SF for a cost of $125,000.
Given the $294,481 remaining funds available, staff is seeking direction from the Mayor
and City Council as to the projects that should be given priority for use of the remaining
funding. The projects above and their respective estimated costs are being provided for
reference only and are not listed in any particular order of priority.
2020-2025 Key Strategic Key Targets and Goals
This item is consistent with Key Target No 1C: Fiscal Stability - Create a framework for
spending decisions. By reviewing the projects completed and discussing options for the
use of remaining insurance claim funds, the Mayor and City Co uncil may collectively
establish priorities for the programming of the funds moving forward.
Fiscal Impact
Fiscal impact will be determined based on direction provided by the Mayor and City
Council for expenditure of the remaining Meadowbrook Bridge insurance claim funds.
Currently, funds in the amount of $294,481 remain available. This amount includes
project savings, as well as, previously un-programmed amounts.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino ,
California, receive a presentation and provide direction to staff regarding project
programming for the remainder of Meadowbrook Bridge insurance claim funds.
Attachments
Attachment 1 PowerPoint - Meadowbrook Bridge Insurance Claims Funds
Ward: 1
5
Packet Pg. 69
MEADOWBROOK BRIDGE
INSURANCE CLAIM FUNDS
Presented by: Kristen Jensen, Director of Public Works
Alex Qishta, Deputy Director of Public Works/City Engineer
1
5.a
Packet Pg. 70 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
Background
•Meadowbrook Bridge is located at
250 North Sierra Way
•On October 11, 2017 the bridge
suffered fire damage
•The City insurance claim resulted
in an $812,504 cash payment
2
5.a
Packet Pg. 71 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
Background
3
At the July 17, 2019 Mayor and City Council meeting, Council directed staff to utilize
the insurance monies received in the following manner:
1.Complete the design of the bridge Cost $ 40,480
2.Rehabilitate the existing bridge Cost $ 76,438
3.Rehabilitate parking lot at Nunez Park facing 5th Street Est. $225,000
4.Rehabilitate parking lot at Lytle Creek park at the corner of
K Street and Oak Street Est. $175,000
5.Appropriate funds for Nicholson Park $150,000
Total funding approved by Mayor and City Council for project work: $666,918
5.a
Packet Pg. 72 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
COMPLETED PROJECTS
4
BEFORE AFTER
MEADOWBROOK BRIDGE - Rehabilitation
5.a
Packet Pg. 73 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
COMPLETED PROJECTS
5
LYTLE CREEK PARKING LOT
5.a
Packet Pg. 74 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
COMPLETED PROJECTS
6
NUNEZ PARK PARKING LOT
5.a
Packet Pg. 75 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
Project Summary
7
PROJECT STATUS EXPENDITURE
Meadowbrook Bridge
Design
COMPLETE $40,480
Meadowbrook Bridge
Rehabilitation
COMPLETE $76,438
Nunez Parking Lot COMPLETE $121,266*
Lytle Creek Parking Lot COMPLETE $107,736*
Nicholson Park NOT STARTED $150,000
*Construction costs only – Staff time was also charged for these projects
5.a
Packet Pg. 76 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
Current Claim Fund Balance Status
•Project savings were
realized on Nunez Park
and Lytle Creek Park
projects.
•$294,481 of insurance
claim funds remain
available for additional
projects.
8
Claim Funds Breakdown Amount
Cash Payment $812,504
Total Completed Project Costs ($368,023)
Nicholson Park - Set Aside ($ 150,000)
Funds available for use $ 294,481
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Packet Pg. 77 Attachment: PW. Meadowbrook Bridge Insurance Fund Use -
List of Potential Projects
1.Rehabilitate soccer fields at Nunez Park located on 5th Street. Estimate $425,000
2.Install outside showers at three parks due to COVID-19: Estimate $ 60,000
•Ruben Campos Community Center and Pool
•Rudy Hernandez Center and Pool
•Delmann Heights Pool
3.Rehabilitate the parking lot at Lytle Creek Park on Eureka Street Estimate $315,000
4.Rehabilitate the parking lot at Lytle Creek Park on K Street Estimate $140,000
5.Rehabilitate the parking lot at Moreno Park (Meadowbrook Park) Estimate $125,000
9
Summary of project suggestions received by staff for use of the remaining insurance
claim funds are as follows:
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Recommendation
Staff is seeking input and direction from the Mayor and City Council
regarding project programming for the remaining Meadowbrook
Bridge insurance claim funds.
10
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Questions?
11
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Code Amendment Sidewalk Vending
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance MC -1545 of
the Mayor and City Council of the City of San Bernardino, California, adopting the
Code Amendment to Section 5.30.120 and various Sections of Chapter 8.01 to
make clear the City’s authority to enforce its Environmental Health Code
(Attachment 1); and
2. Schedule the final reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 7, 2020.
Background
On September 17, 2018, Governor Brown signed Senate Bill 946 (SB 946), which limits
the City’s ability to regulate sidewalk vending. The bill took effect, January 1, 2019, and
nullified the current restrictions the City places on sidewalk vending and itinerant
vendors. With the enactment of SB 946, the Legislature amended California
Government Code Sections 51036 and 51069 to decriminalize sidewalk vending. While
the bill places many restrictions on the City, the intent behind the bill is to promote
entrepreneurship and economic development opportunities for low-income and
immigrant communities.
On May 1, 2019, the Mayor and City Council adopted a Code Amendment adding
Chapter 5.30 to Title 5 of the San Bernardino Municipal Code imposing regulations on
sidewalk vending and the current regulations have been in effect for 15 months.
On August 5, 2020, the Mayor and City Council conducted a study session on the City’s
Sidewalk Vending Ordinance. Staff presented the existing Sidewalk Vending regulation
and suggested an amendment to the ordinance to strengthen the City’s ability to
enforce illegal street vending activities. Subsequent to staff’s presentation, the City
Council directed staff to focus on the enforcement activities due to the significant
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number of complaints received from businesses and residents of the community.
Subsequent to the August 5, 2020 study session, the ACLU of Southern California and
the Inland Coalition of Immigrant Justice requested a meeting with the City to discuss
the proposed amendments to the City’s Street Vending Ordinance. On August 25, 2020,
City staff conducted a Zoom meeting with the ACLU and the I nland Coalition of
Immigrant Justice. At the meeting, these organizations strongly discouraged the City
from moving forward with the proposed Code Amendment to the Street Vending
Ordinance.
Discussion
On August 5, 2020, the Mayor and City Council condu cted a study session on the City’s
Sidewalk Vending Ordinance. As a result of the study session, it was clear that the City
Council wanted staff to focus on the enforcement of illegal sidewalk vending activities.
Moreover, it was apparent that the Mayor and City Council would only consider a code
amendment that advanced the City ability to enforce illegal activities.
The Code Amendment being presented for the consideration by the Mayor and City
Council would change Section 5.30.120 and various sections of Chapter 8.01 of the San
Bernardino Municipal Code so that it is clear that the City has authority to enforce its
Environmental Health Code. Currently, the Code establishes that the San Bernardino
County Department of Environmental Health Services (DEHS) has enforcement
authority. This amendment would expand the authority to both the City of San
Bernardino and DEHS. Such action would further the City Council finding that, unless
properly regulated, sidewalk vending poses a unique risk to the health, safety, and
welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety,
mobility, unsanitary conditions involving food preparation, risks to children, and
consumer protection.
At the aforementioned study session, the City Council expressed great concern
regarding the lack of enforcement of the current Ordinance. Staff acknowledges that
enforcement efforts have been hampered by two main issues - the ability to cite for
Environmental Health Code violations and limited staffing resources. Code
Enforcement and Business Registration lack sufficient staff to be out every weekend
and evening when most of these activities take place. While Police presence is often
necessary to ensure the safety of those enforcing, the Police Depar tment should not be
the enforcement arm for sidewalk vending compliance. As such, staff is evaluating
options and costs for stronger enforcement efforts and will be coming back to the City
Council with options for consideration at a future meeting. In t he meantime, adoption of
the proposed amendments to Chapter 8.01 of the Municipal Code will provide staff with
the authority needed to enforce the Environmental Health Code.
2020-2025 Key Strategic Targets and Goals
The proposed Code Amendment aligns with Key Target No. 3: Improved Quality of Life.
Specifically, addressing the City’s ability to enforce its Environmental Health Code
minimizes the unique risks to the public health, safety and welfare as it relates to illegal
sidewalk vending activities.
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Fiscal Impact
There is no fiscal impact related to the adoption of the proposed Code Amendment.
Additional enforcement activities related to illegal sidewalk vending activities are being
evaluated and will come back to the City Council for consideration and the appropriation
of funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance MC -1545 of
the Mayor and City Council of the City of San Bernardino, California, adopting the
Code Amendment to Section 5.30.120 and various Sections of Chapter 8.01 to
make clear the City’s authority to enforce its Environmental Health Code
(Attachment 1); and
2. Schedule the final reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 7, 2020.
Attachments
Attachment 1 Ordinance MC-1545; Code Amendment related to Sidewalk
Vending
Ward: All
Synopsis of Previous Council Actions
May 1, 2019 Mayor and City Council adopted a Code Amendment adding
Chapter 5.30 to Title 5 of the San Bernardino Municipal Code
imposing regulations on sidewalk vending.
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ORDINANCE NO. MC-1545
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTIONS 5.30.120, 8.01.010, AND 8.01.030
OF THE SAN BERNARDINO MUNICIPAL CODE,
AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH
CODE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and
municipal corporation, duly organized under the California Constitution and laws of the State of
California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with newly
enacted Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities
from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law
cities; and
WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability
of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code,
otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
risks to children, and consumer protection; and
WHEREAS, the City Council finds that the changes to Section 5.30.120 and various
sections of Chapter 8.01 of the San Bernardino Municipal Code are necessary to make clear the
City’s authority to enforce its Environmental Health Code.
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 hereby incorporated herein
by this reference.
SECTION 2. A new subsection (I) shall be added to Section 5.30.120 of the San
Bernardino Municipal Code to read as follows:
“5.30.120 Penalties
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Packet Pg. 84 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6908 : Code Amendment Sidewalk Vending)
Ordinance MC-1545
…
I. Nothing contained herein shall be construed to impede the City’s or County’s
ability to enforce County Health Department codes, regulations, and ordinances.”
SECTION 3. Section 8.01.010 of the San Bernardino Municipal Code shall be amended
to read as follows:
“8.01.010 Purpose
Pursuant to California Health and Safety Code Section 480 et seq., 500 et seq., 1155.5,
Title 17 of the California Administrative Code [now California Code of Regulations] and other
relevant state law, for the protection of the environmental public health, the issuance of permits
and collection of fees, and providing penalties and remedies for the violation of such regulations,
there is hereby adopted by the City of San Bernardino as its Environmental Health Code, that
certain Code known as the Uniform Environmental Health Code, being Chapters 1-11, Division
3, Title III of the San Bernardino County Code, except as provided in Section 8.01.020
following. This Code also specifically adopts Title III, Division 8, Chapters 1 through 11,
inclusive, of the San Bernardino County Code, entitled “Underground St orage of Hazardous
Substances.” The City of San Bernardino designates both the City of San Bernardino, and any
employee thereof, and the San Bernardino County Department of Environmental Health Services
(DEHS) as the enforcement agency agencies for the purpose of this Environmental Health Code
and all state law pertaining to environmental health. Pursuant to California Government Code
Section 50022.6, a copy of said Code is on file in the office of the City Clerk of the City of San
Bernardino and the same is hereby adopted and incorporated as fully as if set out at length
herein.”
SECTION 4. Section 8.01.030 of the San Bernardino Municipal Code shall be amended
to read as follows:
“8.01.030 Remedies/Penalties
It shall be unlawful for any person or entity to deny access, interfere with, prevent,
restrict, obstruct, or hinder either the City of San Bernardino or the Department of Environmental
Health Services’ (DEHS) employees or agents acting within the scope of their duty or agency. It
shall be unlawful for any person to fail to identify oneself upon lawful request by either the City
of San Bernardino or the Department of Environmental Health Services (DEHS) employees or
agents acting within the scope of their duty or agency. Offering physical resistance or bodily
attack upon authorized representative of the City of San Bernardino or DEHS acting within the
scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail
for not less than ten (10) days, without the alternative of a fine.
In addition to criminal prosecution, civil action, and every other remedy or penalty
provided by law, public nuisance may be abated or enjoined in an action brought by either the
City of San Bernardino or DEHS, or under circumstances immediately dangerous to public
health or safety may be summarily abated by either the City of San Bernardino or DEHS
enforcement officers as provided herein or otherwise in the manner provided by law for the
summary abatement of public nuisances.
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Ordinance MC-1545
Except where punishable as a misdemeanor or felony under state law or herein, any
person or entity who violates any provision of this Environmental Health Code (EHC) shall be
guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than
twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first violation,
a fine not exceeding two hundred dollars ($200.00) for a second violation, within one (1) year,
and a fine not exceeding five hundred dollars ($500.00) for the third conviction within one (1)
year, the fourth and additional convictions within one (1) year shall be punishable as
misdemeanors and shall be punished by a fine not less than two hundred fifty dollars ($250.00)
nor more than one thousand dollars ($1,000.00), or by imprisonment in the County jail for a term
not exceeding six (6) months, or both, and such convicted person or entity may in the discretion
of the court be adjudged in addition to the above penalties, to be liable to the City of San
Bernardino and/or DEHS for all necessary costs incurred in investigation, discovery, analysis,
inspection, clean-up and other actual costs incurred by the City of San Bernardino and/or DEHS
or its agents pertaining to the violation.
Each day or portion thereof in violation shall be considered a separate and distinct
offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction
of this EHC shall be responsible for any violation by any employee of any of its provisions.
Payment of any penalty or serving any term of imprisonment herein provided shall not relieve
any person or entity from the responsibility of correcting the condition constituting the violation.
Unless otherwise stated in this Chapter, any violation of this Chapter may be prosecuted
by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with
Chapter 1.12 of the San Bernardino Municipal Code.”
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 6. 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 7. 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 8. 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
6.a
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Ordinance MC-1545
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectl y.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____th day of , 2020.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 87 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6908 : Code Amendment Sidewalk Vending)
Ordinance MC-1545
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the _____ day of , 2020. Ordinance No.
MC-____ was approve passed and adopted at a regular meeting held the XX day of
, 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, City Clerk
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Renee Brizuela, Executive Assistant to the Mayor
Subject: League of California Cities Annual Conference Resolution
Packet
Recommendation
Review, discuss, and provide direction to the City's assigned delegate regarding the City's
position on the League of California Cities Annual Conference Resolution calling for an
amendment of Section 230 of the Communications Decency Act of 1996 to require social
media companies to remove materials which promote criminal activities.
Background
The League of California Cities Annual Conference will be held October 7 -9, 2020.
During the general business meeting the membership will take action on conference
resolutions that establish League policy. Annual conference resolutions guide cities and
the League in efforts to improve the quality, responsiveness and vitality of local
government in California.
Discussion
At the August 5, 2020, Council Meeting, Council Member Jim Mulvihill was selected as
the voting delegate representing the City of San Bernardino at the League’s 2020
annual conference general business meeting with Council Member Sandra Ibarra and
Council Member Fred Shorett serving as the City’s alternate delegates.
During the 2020 annual conference members will consider the adoption of an
amendment of Section 230 of the Communications Decency Act of 1996 to require
social media companies to remove materials which promote criminal activities. In order
to provide input on the City’s position on this Resolution, the City Council is asked to
review, discuss and determine the City’s position to assist the voting delegate.
2020-2025 Key Strategic Targets and Goals
Consideration of the League of California Cities Resolution calling for an amendment of
Section 230 of the Communications Decency Act of 1996 to require social media
companies to remove materials which promote criminal acti vities aligns with Key Target
No. 2: Focused, Aligned Leadership and Unified Community.
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Fiscal Impact
None
Conclusion
Review, discuss, and provide direction to the City's assigned delegate regarding the
City's position on the League of California Cities Annual Conference Resolution calling
for an amendment of Section 230 of the Communications Decency Act of 1996 to
require social media companies to remove materials which promote criminal activities.
Attachments
Attachment 1 League of California Cities Annual Conference Resolution Packet
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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7.a
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Introduce First Reading of Ordinance Imposing a Local
Campaign Finance Contribution Limit
Recommendation
Introduce First Reading of Ordinance MC-1542, adding section 2.56.090 establishing no
campaign contribution limit requirements for elected officials within the City of San
Bernardino.
Background
Beginning on January 1, 2021, Assembly Bill (AB) 571 will go into effect. The Bill
sets default contribution limits for elective county and city offices aligning with the
contribution limits set for elected officers of the state Assembly and Senate. Unde r AB
571, the FPPC will have administration and enforcement authority regarding the
default contribution limits for cities and counties without their own local contribution
limits, and makes violations of default contribution limits within the FPPC’s purvi ew
punishable as a misdemeanor. These contribution limits may be adjusted by the
FPPC in January of odd -numbered years to reflect increases or decreases in the
Consumer Price Index (CPI). AB 571 also extends contribution restrictions for elective
county or city offices regarding personal loans and for committees created to oppose
recall measures.
Cities and counties can adopt local campaign ordinances that contain additional
restrictions and requirements that are more precisely tailored to the needs of t heir
communities. Several cities surveyed in our region have established local campaign
finance ordinances including the Cities of Pomona, Grand Terrace, Upland and Santa
Ana.
If the City adopts local contribution limits we will also need to consider e nforcement
requirements, as AB 571 does not provide the FPPC with authority to administer or
enforce locally set contribution limits. While contribution limits have been held
constitutional, they must not be so restrictive as to impede the ability of chal lengers to
raise sufficient funds to mount a meaningful campaign. For example, a limit of $400
for gubernatorial candidates in Vermont has been held to be unconstitutional by the
Supreme Court.
Discussion
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After receiving a staff report at the Council workshop held on August 5th, including a
review and discussion of the campaign finance regulations established under AB 571 as
well as the local regulations established by other cities surveyed, the City Council
requested that an ordinance be drafted for review and consideration at a future meeting.
During the Council workshop, concerns were raised with respect to the potential for
campaign contribution limits imposing legal barriers to political expression along with an
interest in the City maintaining the City’s existing campaign contribution requirements.
Based upon the feedback received during the Council workshop an ordinance that does
not restrict local campaign finance contribution limits in the City of San Bernardino was
drafted and presented for first reading at the September 2nd Council meeting.
After receiving the staff report and discussion on September 2 nd, the City Council
voted 4 to 3 to express support for the State’s campaign finance contribution limit
regulations established under AB 571, with Councilmembers Figueroa, Shorett, and
Richard opposing the motion. As provided for in Section 303 of the City Charter the
Mayor has vetoed the action taken by the City Council and has requested
reconsideration of Ordinance No. MC-1542.
Following a request for clarification made during the September 2nd Council meeting
regarding the campaign contribution limits set under AB 571, staff has received
confirmation from the FPPC that the assembly bill will set campaign contribution limits at
$4,700 from an individual per election rather than per calendar year.
The City Council can adopt or request modifications to the ordinance presented for
consideration. If the City Council does not take any action the campaign contribution
limits established under AB 571 will go into effect on January 1, 2021.
2020-2025 Key Strategic Targets and Goals
While the establishment of a local campaign finance ordinance does not directly align
with the City’s adopted 2020-2025 strategic targets and goals, it does indirectly align
with Key Target No. 2 (a): Develop and implement a community engagement plan.
Fiscal Impact
There is no financial impact associated with adopting an ordinance that does not restrict
local campaign finance contribution limits.
Conclusion
Introduce, read by title only, and waive further reading of Ordinance MC-1542, adding
section 2.56.090 establishing no campaign contribution limit requirements for elected
officials within the City of San Bernardino.
Attachments
Attachment 1 Ordinance MC-1542
Ward: All
Synopsis of Previous Council Actions:
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August 5, 2020 Council workshop presentation regarding Campaign Contribution
Limits.
September 2, 2020 The City Council adopted a motion to express support for the
campaign contribution limits set under Assembly Bill 571.
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ORDINANCE MC-1542
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING SECTION 2.56.090 ESTABLISHING CAMPAIGN
CONTRIBUTION LIMIT REQUIREMENTS FOR
ELECTED OFFICIALS WITHIN THE CITY OF SAN
BERNARDINO
WHEREAS, the California State Legislature in 2019 passed Assembly Bill 571 (“AB
571”) which creates campaign contribution limits, identical to those imposed on State Assembly
and Senate candidates, for all levels of government; and
WHEREAS, under existing law, cities and counties are empowered to impose their own
contribution limits for elective city or county office; and
WHEREAS, while AB 571 sets forth default statewide limits on contributions, AB 571
also permits cities and counties to impose contribution limits that differ from the default limits
and that are more in tune with their own communities; and
WHEREAS, if a city or county fails to impose its own contribution limits by January 1,
2020, then the default levels set by AB 571 will be imposed; and
WHEREAS, the right to participate in politics through campaign contributions is a
fundamental right guaranteed by the First Amendment; and
WHEREAS, while some limits on campaign contributions may be legally permissible,
the Supreme Court has recognized, campaign contribution limits can prove an obstacle to the
very electoral fairness they seek to promote; and
WHEREAS, in some cases, campaign contribution limits may reduce democratic
accountability by making it difficult for challengers to mount effective campaigns against
incumbent officeholders; and
WHEREAS, in accordance with existing law and consistent with its respect for the First
Amendment rights of individuals and groups, the City of San Bernardino would like to establish
an unlimited limit on campaign contributions.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2. Addition of Section 2.56.090. Section 2.56.090 is hereby added to the San
Bernardino Municipal Code to read as follows:
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Ordinance MC-1542
2
“2.56.090 Campaign Contribution Limits to City Elective Office Candidates
A. Notwithstanding any state law to the contrary, the City imposes an unlimited
campaign contribution limit on candidates to elective office within the City.
B. Nothing in this section shall be deemed to exempt any person from complying
with applicable provisions of any other laws of this state.”
SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional , invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional,
invalid, or ineffective.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 5. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this __ day of ___________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
8.a
Packet Pg. 116 Attachment: San Bernardino - Ordinance - Campaign Contribution Limits-c1 (6907 : Introduce First Reading of Ordinance Imposing a Local
Ordinance MC-1542
3
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1542, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the __ day of ___________, 2020. Ordinance MC-1542
was approved, passed and adopted at a regular meeting held the __ day of __________, 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of __________
2020.
Genoveva Rocha, CMC, City Clerk
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Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Substantial Amendment to the Fiscal Year 2020/21 Annual
Action Plan
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold a public hearing, adopt a Substantial Amendment to the FY 2020/21
Action Plan, and
1. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to
the Substantial Amendment to the Fiscal Year 2020/21 Action Plan;
2. Direct the Finance Director to establish new funds and associated accounts for
the Community Development Block Grant (CDBG-CV1), the Emergency
Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial
Amendment to the Fiscal Year 2020/21 Action Plan;
3. Direct the Finance Director to establish an account in the Low Mod Housing Fund
(Fund 127), in the amount of $1,049,000 for the Seccombe Park Housing Project,
and reduce the budget for the project under HOME fund 116 by the same; and
4. Authorize the City Manager or designee to take any further actions and execute
any further documents and certifications as may be necessary to effectuate the
submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan.
Background
At a public hearing on April 15, 2020, the Mayor and City Council approved the City of
San Bernardino's (City) Draft Fiscal Year 2020/21 Action Plan (FY 2020/21 AP). On
July 1, 2020, HUD approved the City’s FY 2020/21 AP. However, as a result of
supplementary allocations provided to the City through the CARES Act, a substantial
amendment to the FY 2020/21 AP is required.
The United States Department of Housing and Urban Development (HUD) made
supplementary allocations to the City, for both its CDBG and ESG programs. The
purpose of the supplementary allocations is to address the impacts of Coronavirus
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(COVID-19). The allocations were authorized by the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), which was signed by President Trump on March
27, 2020, to respond to the growing effects of an historic public health crisis. The City
received the following:
$2,003,529 in Community Development Block Grant (CDBG -CV1);
$1,019,997 in Emergency Solutions Grant (ESG-CV1); and
$3,422,960 in Emergency Solutions Grant (ESG-CV2).
Discussion
Mayor and City Council held a public hearing on August 19, 2020 to receive public
comments and consider the Substantial Amendment to Fiscal Year 2020/21 Annual
Action Plan (Substantial Amendment to FY 2020/21 AP). The Mayor and City Council
approved the Substantial Amendment to FY 2020/21 AP. Ho wever, upon HUD’s
review of the plan and associated documents, HUD determined that the noticing
period for public comment had not covered the full five days required by the
regulations. Consequently, the City is required to hold another public hearing in order
to provide notice for the appropriate number of days. The City’s HUD representative
has concurred that the current noticing is correct.
When a substantial change such as an increase or reduction in funds, or addition or
cancellation of activities is proposed, the City's Action Plan must be amended. The
City is required to notify the public, and a public hearing must be held to allow the
public an opportunity to comment on the proposed changes.
On August 4, 2020, the CDBG Ad Hoc Committee met to discuss staff
recommendations for programming the CDBG-CV1 funds. The following projects are
proposed to be included in the Substantial Amendment to FY 2020 -2021 AP (Refer to
Attachment 1 - Table 1)
1. Eviction Prevention Program: The program’s intent is to prevent evictions by
providing payment of rent arrears to landlords of low-income tenants, in the City
of San Bernardino, who have experienced financial hardship due to COVID -19.
The program would be managed by Housing Authority of the County of San
Bernardino, who has extensive experience in managing rental assistance
programs countywide. The program would not provide mortgage assistance, as
deferral of mortgage payment assistance is being offered by lenders.
Amount recommended: $1,060,000
2. Senior Nutrition Program: It is recommended that the Senior Nutrition Program,
through Parks, Recreation and Community Services, be funded using CDBG -
CV1 funds for a two-year period, through FY 2021/22. As a result of the impact
of COVID-19, the City’s revenue has been significantly reduced and the Senior
Nutrition Program could not otherwise be funded. Prior to COVID-19, Parks,
Recreation and Community Services staff prepared an average of 225 daily
meals on a dine-in basis. However, since the onset of the pandemic, staff now
serves an average of 160 meals a day. Staff cooks and packages hot, boxed
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meals for pick-up by seniors or their families. In order to make the meals more
readily available city-wide and protect seniors from exposure, the meals can be
picked up at six different locations. Amount recommended: $150,000
3. Outdoor Shower Towers: Staff recommended that the Parks and Recreation
Department receive funding for the purchase and installation of outdoor shower
towers at three parks (Ruben Cam pos, Rudy Hernandez, and Delmann Heights).
However, the CDBG Ad Hoc Committee directed staff to move the $60,000
recommended for the showers, to the eviction prevention program, with the
recommendation that the Public Works Department investigate the possibility of
using the Meadowbrook Bridge insurance proceeds to fund the showers. Public
Works is to present the recommendation for Council consideration at a later date.
The CDBG Ad Hoc Committee’s direction is reflected in Table 1. Amount
recommended: $0
4. “Grab and Go” arts and crafts: Funding is recommended for the “Grab and Go”
arts and crafts program for children. Parents or guardians are able to pick up
craft kits for their children and make the crafts at home. Arts and crafts kits are
distributed weekly at all community centers. The staff provides interactive
instruction and participants share their work through social media. The manner
in which the activity is conducted has been dictated by necessary precautions
due to COVID-19. The activities are more expensive since supplies must be
purchased new and can no longer be reused as in the past when children
attended in-person classes. Amount recommended: $32,000
5. Personal Protective Equipment (PPE): Upon reopening of senior centers,
community centers, and libraries, staff will need to make available PPE and
cleaning/sanitizing supplies to comply with the increased requirements in
mandated reopening guidelines. Therefore, it is recommended that supplies for
Parks, Recreation and Community Services Department and the Library be
funded. Amount recommended: $24,000
6. Modifications to Public Facilities: Prior to opening of public facilities, such as
senior centers, community centers, and libraries, staff will need to modify the
buildings to prepare for, prevent, and respond to COVID-19. Funding is
recommended for supplies and materials needed , such as tempered glass or
Plexiglas, and PPE stations to meet the safety guidelines.
Amount recommended: $336,823
On July 16, 2020, the State of California Department of Housing and Community
Development (HCD) released a Notice of Funding Availability for the Homekey
Program. The Homekey Program makes available $600 million state -wide for cities,
counties and other local public entities, to purchase and rehabilitate housing, including
hotels, motels, vacant apartment buildings, and other buildings and convert them into
permanent, long-term housing.
Given the heightened awareness and concern for the homeless persons in our city
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and their high risk for serious illness, including COVID-19, staff has been in dialogue
with the County of San Bernardino, developers and Inland Empire health systems, to
develop a strategy that would facilitate an application to HCD. Although at this wr iting,
a property has not been identified, the City has provided the County with a list of
properties that it deems appropriate for a possible project. Some of the properties
identified have been problem properties that would be better repurposed to impro ve
the areas in which they are located.
It is recommended that under the substantial amendment to the FY 2020 -21 AP, $1.3
million in HOME funds be allocated for a possible Homekey program. Currently,
$700,000 in HOME funds is budgeted for permanent hou sing which can supplement
the $1.3 million, thus bringing the total available to $2 million, for a possible Homekey
program. The conversion of a property would result in permanent housing with
services exclusively for the residents of the project, similar to the Arrowhead Grove
project funded by the City. If a project is not funded, the funds would be
reprogrammed for permanent housing in a subsequent fiscal year. (Refer to
Attachment 1 - Tables 2 and 3)
ESG-CV monies can be used for the following activities: 1) emergency shelter and
shelter operations; 2) street outreach; and 3) expanded staffing. The City received
applications from its current ESG subrecipients and a new provider, Mental Health
Systems, Inc. (MHS), totaling $3,250,734.
MHS provides outreach and engagement of homeless persons with the acute forms of
mental illness including co-occurring disorders, such as mental illness and addiction.
MHS uses an Assertive Community Treatment (ACT) model that is referred to as “a
hospital without walls”, which connotes the intensive nature of the treatment model. An
ACT team consists of a psychiatrist, a registered nurse, a peer support specialist
(someone who has been homeless and come through the program) a case manager, a
dual recovery specialist and a housing specialist. Members of the team engage
homeless individuals where they are and utilizing the “housing first” model offer
individuals immediate housing and treatment. The engagement of one individual may
consist of several encounters before that individual is ready to participate. MHS will
serve 25 acute mentally ill individuals in a pilot program targeting the downtown area
(from the 215 to Arrowhead Avenue and 2 nd Street to 5th Street). The area was chosen
in consultation with the Police Department Downtown patrol, Housing Division staff and
the Step Up on Second homeless outreach lead.
ESG-CV1 funding is being recommended for Step Up on Second to work in
coordination with MHS in the target area providing outreach and housing services to
chronically homeless individuals that do not suffer from acute mental illness. In an
attempt to provide a more coordinated approach to a very complex situation, Step Up
will have a dedicated community engagement staff person. That staff will engage t he
businesses in the target area in order to keep them informed of the work the City is
undertaking coordinate their input and address their concerns and needs relative to the
homeless in downtown. (Refer to Attachment 1 Tables 4 and 5.)
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Lastly, two of the City’s ESG subrecipients did not expend all of the funds they were
granted during FY 2019-20. Under the ESG regulations, the City has two years to
expend those funds or have them recaptured by HUD. Consequently, it is
recommended that those funds be reprogrammed to the Salvation Army who can utilize
them to rapidly rehouse persons who become homeless. (Refer to Attachment 1 Table
6.)
2020-2025 Key Strategic Targets and Goals
The proposed Substantial Amendment to the FY 2020 -21 AP will continue to insure that
public projects and programs that benefit the residents of San Bernardino will meet Key
Target No. 3: Improved Quality of Life by dedicating resources to assist those financially
impacted by COVID-19, modifying public safety service delivery mod els and reduce the
burden of homelessness through engagement, collaboration, and alignment with other
entities.
Fiscal Impact
The FY 2020/21 CDBG-CV and ESG-CV funding recommendations will not impact the
General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold a public hearing, adopt a Substantial Amendment to the FY
2020/21 Action Plan, and
1. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to
the Substantial Amendment to the Fiscal Year 2020/21 Action Plan;
2. Direct the Finance Director to establish new funds and associated accounts for
the Community Development Block Grant (CDBG-CV1), the Emergency
Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial
Amendment to the Fiscal Year 2020/21 Action Plan;
3. Direct the Finance Director to establish an account in the Low Mod Housing Fund
(Fund 127), in the amount of $1,049,000 for the Seccombe Park Housing Project,
and reduce the budget for the project under HOME fund 116 by the same; and
4. Authorize the City Manager or designee to take any further actions and execute
any further documents and certifications as may be necessary to effectuate the
submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan.
Attachments
Attachment 1 Project Proposals FY 2020-21 Substantial Amendment
Attachment 2 Substantial Amendment to the FY 2020-21 Annual Action Plan
Ward: All
Synopsis of Previous Council Actions:
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August 19, 2020 Mayor and City council approved the City’s Substantial Amendment
to the FY 2020-21 Annual Action Plan.
April 15, 2020 Mayor and City Council approved the City's Draft Fiscal Year 2020-
2021 Action Plan.
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Attachment 1
Project Proposals- FY 2020-21 Substantial Amendment
TABLE 1 CDBG-CV FISCAL YEAR 2020-2021 DRAFT FUNDING
1 At an average of $1,000/household/month, for 3 months = 266 households assisted
2 A two year contract (FY 2020-21 and 2021-22)
TABLE 2 FISCAL YEAR 2020-2021 HOME PROGRAM
Project Activity Description 2020-21
Funds from Prior Year $ 1,300,000
Homekey Program (Motel Conversion) Permanent Housing $ 1,300,000
TOTAL: $ 1,300,000
TABLE 3 LOW MOD HOUSING FUND
Project Activity Description 2020-21
Low Mod Housing Fund $ 1,049,182
Seccombe Park Housing Project Permanent Housing $ 1,049,182
TOTAL: $ 1,049,182
Project Activity Description Recommended Funding
2020-21 Grant Allocation $ 2,003,529
Administration @ 20% $ 400,706
Eviction Prevention
Program1
Provide housing stability and
assistance to renters affected by
the pandemic
$ 1,060,000
$ 1,060,000
Parks & Recreation2 Senior Nutrition Program (two fiscal
years)
$ 150,000
Parks & Recreation
Modify public facilities to prevent
the spread of COVID (outdoor
shower towers)
$ 0
Parks & Recreation Grab and Go arts & crafts to
respond to COVID
$ 32,000
Parks & Recreation
Additional PPE cleaning supplies
for program staff to prevent the
spread of COVID
$ 24,000
$ 206,000
Public Facilities (excluding
buildings for general
government purpose).
Modifications to public facilities,
including PPE supplies (excluding
buildings used for general
government purposes) to respond
and prevent COVID
$ 336,823
$ 336,823
TOTAL $ 2,003,529
9.a
Packet Pg. 124 Attachment: CED.Subtantial Amendment.Attachment 1 (6903 : Substantial Amendment to the Fiscal Year 2020/21 Annual Action Plan)
Attachment 1
Project Proposals- FY 2020-21 Substantial Amendment
TABLE 4 ESG-CV1 PROJECT PROPOSALS FISCAL YEAR 2020-2021
Project Activity Description 2020 Grant Allocation
2020-21 Grant Allocation $ 1,019,997
Administration @ 10% $ 102,000
Community Action Partnership (CAPS) Emergency Shelter $ 74,999
$ 74,999
Lutheran Social Services Emergency Shelter $ 348,500
HMIS $ 25,242
$ 373,742
Step Up On Second Street Outreach $ 300,780
Emergency Shelter $ 18,000
$ 318,780
Salvation Army – Hospitality House Emergency Shelter $ 75,238
Street Outreach $ 75,238
$ 150,476
TOTAL: $ 1,019,997
TABLE 5 ESG-CV2 PROJECT PROPOSALS FISCAL YEAR 2020-2021
Project Activity Description 2020 Grant Allocation
2020-21 Grant Allocation $ 3,422,960
Administration @ 10% $ 342,296
Lutheran Social Services Emergency Shelter – Rehab
of current shelter $ 500,000
$ 500,000
Step Up On Second1 Rapid Re-Housing $ 980,000
$ 980,000
Salvation Army – Hospitality House Emergency Shelter $ 129,227
Street Outreach $ 21,249
$ 150,476
Mental Health Systems, Inc. Street Outreach and Client
Treatment $ 417,920
Rapid Re-Housing $ 1,202,338
$ 1,620,258
TOTAL: $ 3,593,030
Balance:2 $ (171.000)
1 A two year contract for fiscal years 2020-21 and 2021-22 2 Balance to be funded by State CARES Act funds.
TABLE 6 FISCAL YEAR 2019-2020 ESG PRIOR YEAR FUNDS TO REPROGRAM
Project Activity Description PRIOR YEAR FUNDS
Funds from Prior Year1 $ 72,444
Salvation Army Rapid Rehousing $ 72,444
TOTAL: $ 0
1 Prior year funds are unspent funds returned to the City by ESG subrecipients.
9.a
Packet Pg. 125 Attachment: CED.Subtantial Amendment.Attachment 1 (6903 : Substantial Amendment to the Fiscal Year 2020/21 Annual Action Plan)
Annual Action Plan
2020
1
OMB Control No: 2506-0117 (exp. 06/30/2018)
Expected Resources
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OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of San Bernardino estimates it will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds.
In PY20 the City will receive:
CDBG $3,405,816
HOME $1,404,784
ESG $ 295,799
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 3,405,816 17,000 800,368 4,223,184 13,200,000
The estimated amount of CDBG
funds available over the planning
period is based on allocations for FY
2019-2020.
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction for
ownership
TBRA 1,404,784 726,658 1,459,854 3,591,296 10,750,000
The estimated amount of HOME
funds available over the planning
period is based on allocations for FY
2019-2020.
ESG public -
federal
Conversion and rehab
for transitional
housing
Financial Assistance
Overnight shelter
Rapid re-housing
(rental assistance)
Rental Assistance
Services
Transitional housing 295,799 0 72,444 368,243 1,200,000
The estimated amount of ESG funds
available over the planning period is
based on allocations for FY 2019-
2020.
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Annual Action Plan
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Other public -
federal
Admin and Planning
Overnight shelter
Rapid re-housing
(rental assistance)
Other 4,442,957 0 0 4,442,957 0
ESG-CV1 and ESG-CV2 funds to be
used to prevent, prepare for and
respond to the Coronavirus.
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino
residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:
Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing,
Community Investment Funds from Dignity Health
State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds,
Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In
2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase
the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of
housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City
submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $62 5,000.
Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB)
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor
Housing Agency
HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100
percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction.
If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that
are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated
Annual Performance and Evaluation Report each year.
ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds,
agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal
programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and
administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service
hours. However, under the ESG-CV1 and 2, the match requirement has been waived.
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OMB Control No: 2506-0117 (exp. 06/30/2018)
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough
vacant land and land designated for residential use to satisfy all projected housing needs. Additionally,
the City has not identified any constraints on these sites that would prevent development or reuse. The
City estimates that 12,918 housing units could be accommodated on this land.
Additionally, the governor of California continues to explore the use of state and federal surplus
property to provide housing for homeless individuals
Discussion
The City has enough available land and residential designations to meet the affordable housing needs of
the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to
address all the needs of LMI households. Therefore, the City will continue to continue to leverage other
funding sources to provide services to populations in need.
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Annual Action Plan
2020
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Expand Home
Ownership
2020 2025 Affordable
Housing
CityWide Expand Home
Ownership
HOME:
$700,000
Homeowner Housing Added: 4
Household Housing Unit
2 Provide Homeless
and Homeless
Prevention Services
2020 2025 Homeless CityWide Provide Homeless
and Homeless
Prevention
Services
ESG:
$368,243
ESG-CV1 and
ESG-CV2:
$4,442,957
Tenant-based rental assistance /
Rapid Rehousing: 75 Households
Assisted
Homeless Person Overnight
Shelter: 200 Persons Assisted
Overnight/Emergency
Shelter/Transitional Housing Beds
added: 220 Beds
3 New Affordable
Rental Housing
2020 2025 Affordable
Housing
CityWide New Affordable
Rental Housing
HOME:
$740,100
Rental units constructed: 75
Household Housing Unit
4 Preserve and
Rehabilitate
Housing
2020 2025 Affordable
Housing
CityWide Preserve and
Rehabilitate
Housing
HOME:
$500,000
Rental units rehabilitated: 239
Household Housing Unit
5 Promote Economic
Development
2020 2025 Economic
Development
CityWide Promote Economic
Development
CDBG:
$798,021
Jobs created/retained: 214 Jobs
Businesses assisted: 10 Businesses
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Improve Facilities
and Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide
LMI Areas
of the City
Improve Facilities
and Infrastructure
CDBG:
$2,671,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 32000 Persons Assisted
7 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$73,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 1000 Persons Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 0 Households Assisted
8 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Preserve and
Rehabilitate
Housing
Expand Home
Ownership
Provide Homeless
and Homeless
Prevention
Services
New Affordable
Rental Housing
Promote Economic
Development
Improve Facilities
and Infrastructure
Fair Housing
CDBG:
$681,163
HOME:
$351,196
ESG: $22,185
CDBG-CV
$400,706
ESG-CV1 and
ESG-CV2:
$442,296
Other: 1 Other
Table 2 – Goals Summary
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Goal Descriptions
1 Goal Name Expand Home Ownership
Goal
Description
$700,000 in HOME funds for 4 new infill owner-occupied units city-wide.
2 Goal Name Provide Homeless and Homeless Prevention Services
Goal
Description
Rental assistance/Rapid Rehousing: 75 households Assisted; Homeless Persons Overnight Shelter: 200 Persons Assisted;
Overnight/Emergency Shelter/Transitional Housing Beds added: 220 beds
3 Goal Name New Affordable Rental Housing
Goal
Description
Will help fund the first phase of a possible three phase rental housing development to be constructed at Seccombe Park.
4 Goal Name Preserve and Rehabilitate Housing
Goal
Description
Funds will assist wiht the rehabilitation of 239 affordable rental units at Foothill Villas (2601-2675 W 2nd Street).
5 Goal Name Promote Economic Development
Goal
Description
Funding will assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a
revitalization project on Highland Avenue. The project is slated to create and retain 214 jobs.
6 Goal Name Improve Facilities and Infrastructure
Goal
Description
Funding will be used to improve five community facilities including three parks, a community center and a senior center.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
7 Goal Name Fair Housing
Goal
Description
Funds will be provided to IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination
complaints, free of charge, in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants,
homeowners, and financial and lending institutions on fair housing laws.
8 Goal Name Planning and Administration
Goal
Description
Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and
grantee monitoring requirements.
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the
following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand
homeownership opportunities; provide supportive services; new affordable housing construction or
rehabilitation; new affordable housing construction; promote economic development; improve facilities
and infrastructure; fair housing, and program planning and administration.
Projects
# Project Name
1 Infill Housing Program
2 First Time Home Ownership
3 Homeless Outreach and Homeless Prevention for ESG and CV
4 New Rental Housing Construction
5 Affordable Rental Housing Rehabilitation
6 Micro-Enterprise Program
7 Section 108 Repayment Program - Promote Economic Development
8 Improve Public Facilities and Infrastructure
9 Fair Housing
10 Planning & Administration
11 Homekey Motel Conversion
12 CV- Eviction Prevention Program
13 CV- Senior Nutrition Program
14 CV- Grab and Go arts and crafts
15 CV- Personal Protective Equipment (PPE)
16 CV- Modifications to Public Facilities
17 CV- Planning and Administration
Table 3 - Project Information
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocation priorities are a result of input received from the community and based on the identified
needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in
addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially
those with special needs such as the homeless.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-38 Project Summary
Project Summary Information
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
1 Project Name Infill Housing Program
Target Area CityWide
Goals Supported Expand Home Ownership
Needs Addressed Expand Home Ownership
Funding HOME: $700,000
Description Construction of single family ownership housing on vacant City-owned
lots.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Four(4) families will benefit from this project.
Location Description Citywide
Planned Activities Homeownership Housing units added.
2 Project Name First Time Home Ownership
Target Area
Goals Supported
Needs Addressed
Funding $0
Description The amount has been reduced to zero pursuant to the suspension and
waiver provided under the Flexibilities/Waiver Granted by the CARES Act.
The City of San Bernardino has requested and received approval from
HUD to reduce to zero percent the CHDO set-aside requirement for fiscal
years 2017, 2018, 2019, and 2020 allocations.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities
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OMB Control No: 2506-0117 (exp. 06/30/2018)
3 Project Name Homeless Outreach and Homeless Prevention for ESG and CV
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services
Needs Addressed Provide Homeless and Homeless Prevention Services
Funding ESG: $368,243
ESG-CV1 and ESG-CV2: $4,442,957
Description Assist homeless and special needs populations with supportive services.
Funding for various Emergency Solutions Grant Program Projects to
include Emergency Shelter, Rapid Rehousing, Homelessness Prevention,
Street Outreach and HMIS costs. the ESG-CV funds will be targeted to
persons at highest risk for COVID-19 which includes persons with mental
illness and co-occurring health conditions.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately 700 persons at very low income to zero income will benefit
from the proposed activities.
Location Description The following locations will benefit from ESG funding.
1. Community Action Partnership - 696 S. Tippecanoe Avenue, San
Bernardino, CA 92408
2. Family Service Association of Redlands - 612 Lawton St, Redlands,
CA 92374
3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401
4. Step Up on Second - 201 North E Street, San Bernardino, CA
92401
5. Salvation Army - 925 W. 10th Street, San Bernardino, 92411
6. Mental Health Systems (MHS) - 1738 N. Waterman Avenue, San
Bernardino, 92404
7. Administration and Planning - 201 North E Street, San Bernardino,
CA 92401
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities The ESG Program will fund the following programs plus grant and project
management. Additionally, the programs will receive CV funding to
prepare for, prevent and respond to COVID.
1. Community Action Partnership. Provide homeless persons and
those at risk of homelessness with temporary rental assistance,
financial literacy education and linkages to other support services.
Award $54,446 in ESG; and $74,999 in ESG-CV1.
2. Family Service Association of Redlands. Provide emergency
shelter, motel vouchers, wraparound services and case
management to prevent homelessness. Award $63,000 in ESG.
3. Lutheran Social Services. Provide emergency shelter as a bridge to
permanent housing, wraparound services to help homeless men
18 years and older to achieve self-sufficiency. Award $70,000 in
ESG; $373,742 in ESG-CV1; $500,000 in ESG-CV2
4. Step Up On Second. Provide supportive services which begin with
engagement and street outreach activities. Award $86,168 in ESG;
$318,780 in ESG-CV1; $980,000 in ESG-CV2.
5. Salvation Army. Provide rapid rehousing. Award from prior year
resources: $72,444; Provide emergency shelter and street
outrecah. Award $150,476 in ESG-CV1; Provide emergency
shelter and street outreach. Award $150,476 ESG-CV2.
6. Mental Health Systems. Provide street outreach, housing and
services to acutely mentally ill homeless persons. Award
$1,450,188 in ESG-CV2.
7. Administration and Planning. $466,481 for administration of ESG
and ESG-CV 1 and 2 funded programs.
TOTAL: $4,811,200
4 Project Name New Rental Housing Construction
Target Area CityWide
Goals Supported New Affordable Rental Housing
Needs Addressed New Affordable Rental Housing
Funding HOME: $740,100
Description New affordable rental units constructed at Seccombe Park
Target Date 6/30/2021
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number
and type of families
that will benefit from
the proposed
activities
75 families will benefit from this proposed project.
Location Description Seccombe Park
160 E. 5th Street San Bernardino, CA
Census Tract: 58.00
Planned Activities Construction of new affordable rental housing units
5 Project Name Affordable Rental Housing Rehabilitation
Target Area CityWide
Goals Supported Preserve and Rehabilitate Housing
Needs Addressed Preserve and Rehabilitate Housing
Funding HOME: $500,000
Description Rehabilitation of 239 existing rental housing units.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
239 families will benefit from this proposed project.
Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA
Planned Activities Rehabilitation of existing rental housing units.
6 Project Name Micro-Enterprise Program
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $35,000
Description Provide business development training and support to income qualified
existing or potential business owners. City staff monitors how many
business have been created through Emprenadoras Program. Training
class administration includes participant sign-in and intake forms.
Target Date 6/30/2021
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately ten existing or potential business owners will be trained.
Location Description Citywide - Available to all existing or potential business owners.
Workshops are held at City Hall located at 201 North E Street, San
Bernardino, CA and at the Mexican Consulate located at 293 North D
Street, San Bernardino, CA.
Planned Activities The Micro-Enterprise program promotes economic development in the
City. The program provides business development training and support to
income qualified participants who wish to start their own business. The
Program will use CDBG funds to provide education and training for
existing or potential business owners, to launch and retain a successful
businesses and improve business viability. City staff monitors how many
business have been created through Emprenadoras Program. Training
class administration includes participant sign-in and intake forms.
7 Project Name Section 108 Repayment Program - Promote Economic Development
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $763,021
Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06-
0539, Loan number 119-090-0053-5801) obtained to forward economic
revitalization and create jobs (214 jobs) in the City.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
214 individuals will benefit from this proposed activity.
Location Description 17.43 acre commercial property located along Highland Avenue between
Arden Street and Guthrie Street in the City of San Bernardino.
9.b
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Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22
blighted and socially problematic apartment buildings in the North Arden
Guthrie Area of the City. The City is moving forward with the sale of the
property to a developer who will build a multi-tenant commercial
shopping center.
8 Project Name Improve Public Facilities and Infrastructure
Target Area CityWide
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $2,671,000
Description Three (3) parks will be funded for replacement of playground equipment
in addition to an existing baseball field to be converted into a Miracle
League park to be ADA compliant. A concrete/ADA project will also be
funded to replace sidewalks and ADA accessibility. Encanto Community
Center Phase I roof replacement/facility repairs.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
32,000 persons within households earning an income level of 30% to 50%
of AMI will benefit of the improvements made to these parks and facility.
Location Description The City has proposed to fund the following three (3) parks, a community
center and public facilities at a senior center:
1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA
2. Anne Shirrel Park – 1367 North California, San Bernardino, CA
3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA
(Playground equipment replacement and existing baseball field
conversion)
4. Encanto Community Center – Phase 1 – 1180 W. 9th Street, San
Bernardino, CA Roof replacement/facility repairs.
5. Citywide Concrete Repairs – to replace sidewalks and ADA
accessibility for Fifth Street Senior Center, Perris Hill Senior
Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson
and Delmann Heights Community Centers.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities The City plans to improve three (3) parks, a community center and public
facilities at a senior center. Specifically the replacement of playground
equipment to provide safe equipment for the community in addition to a
Miracle League Park for ADA compliant and citywide concrete repairs.
9 Project Name Fair Housing
Target Area CityWide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $73,000
Description Inland Fair Housing Mediation Board will provide activities that will assist
the City in furthering fair housing.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
This program will benefit Low/Moderate Income Households/Tenants.
Location Description Fair housing events and discrimination assistance will benefit
aproximately 1,000 LMI households and tenants.
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral
of housing discrimination complaints free of charge in the City of San
Bernardino. IFHMB offers workshops to educate housing providers,
tenants, homeowners, and financial and lending institutions on fair
housing laws.
10 Project Name Planning & Administration
Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $681,163
HOME: $351,196
ESG: $ 22,185
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Description The City will implement the goals and objectives of the Action Plan by
delivering a variety of housing and community development programs
and activities. The City will also continue to comply with the planning and
reporting requirements of the Action Plan regulations and CDBG, HOME
and ESG regulations.Assist homeless and special needs populations with
supportive services. Funding for various Emergency Solutions Grant
Program Projects to include Emergency Shelter, Rapid Rehousing,
Homelessness Prevention, Street Outreach and HMIS costs. Annually, the
City will monitor its use of CDBG, HOME and ESG funds to ensure effective
and appropriate use of funds. CDBG Administration: $681,163; HOME
Administration: $140,478; ESG Administration: $22,185
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
The entire city benefits from planning and administration efforts lead by
the City.
Location Description 201 North E Street, San Bernardino, CA 92401
Planned Activities Grant and Project Management
11 Project Name Homekey Motel Conversion
Target Area CityWide
Goals Supported Preserve and Rehabilitate Housing
Needs Addressed Preserve and Rehabilitate Housing
Funding HOME: $1,300,000
Description Provide HOME funding for the acquisition and/or rehabilitation of a motel
or other buildings and convert them into permanent, supportive housing.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is esimated that 50 families will benefit from the proposed activity.
Location Description Two possible locations have been identified; currentlyl negotiating with
the owners.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities To acquire, modify and rehabilitate a motel or other buildings that will
serve as permanent supportive housing for persons at risk of
homelessness or homeless persons.
12 Project Name CV- Eviction Prevention Program
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services
Needs Addressed Provide Homeless and Homeless Prevention Services
Funding CDBG-CV: $1,060,000
Description The program's intent is to prevent evictions by providing payment of rent
arrears to landlords of low-income tenants, in the City of San Bernardino,
who have experienced financial hardship due to COVID-19. The program
would be managed by Housing Authority of the County of San Bernardino,
who has extensive experience in managing rental assistance programs
countywide.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately 300 families will benefit from the proposed ativity.
Location Description City-wide
Planned Activities Prevent evictions by providing payment of rent arrears to landlords of
low-income tenants, who have experienced financial hardship due to
COVID-19.
13 Project Name CV- Senior Nutrition Program
Target Area CityWide
Goals Supported
Needs Addressed
Funding CDBG-CV: $150,000
Description In order to continue providing nutritious meal to very low and low income
seniors, meals will be made readily available city-wide for pick up by
seniors or their families in order to protect seniors from exposure to
COVID 19. The meals can be picked up at six different locations.
Target Date 6/30/2022
9.b
Packet Pg. 147 Attachment: 9-9-20 SA-RV2 (6903 : Substantial Amendment to the Fiscal Year 2020/21 Annual Action Plan)
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately 350 senior citizens will benefit from the Senior Nutrition
Program.
Location Description The lunches will be distributed at the following Community Centers:
Perris Hill Senior Center
780 East 21st Street
Fifth Street Senior Center
600 West Fifth Street
Hernandez Community Center
222 North Lugo
Lytle Creek Community Center
380 South "K" Street
Highland Senior Center
3102 East Highland Ave.
New Hope Family Life Center
1505 West Highland Ave.
Planned Activities Parks and Recreation will prepare hot, box meals for pick up. In order to
protect seniors, who are especially vulnerable, from exposure to COVID-
19 the nutrition program had to be changed to prevent and respond to
COVID. By making the meals available for pick up city-wide the program is
responding to and preventing the spread of COVID while providing
nutritious meals to very low and low income seniors.
14 Project Name CV- Grab and Go arts and crafts
Target Area CityWide
Goals Supported
Needs Addressed
Funding CDBG-CV: $32,000
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Parents or guardians are able to pick up craft kits for their children and
make the crafts at home. Arts and crafts kits are distributed weekly at all
community centers. The staff provides interactive instruction and
participants share their work through social media. The manner in which
the activity is conducted has been dictated by necessary precautions due
to COVID-19. The activities are more expensive since supplies must be
purchased new and can no longer be reused as in the past when children
attended in-person classes.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately 400 children will benefit from the program.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Location Description
Delmann Heights Community Center
2969 N. Flores
San Bernardino, CA 92405
Rudy C. Hernandez Center
222 N. Lugo Avenue
San Bernardino, CA 92408
Ruben Campos Community Center
1717 W. Fifth Street
San Bernardino, CA 92410
Lytle Creek Community Center
980 South K Street
San Bernardino, CA 92410
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities Through the City's Parks, Recreation and Community Services
Department, the Grab and Go arts an crafts kits will be distributed to
children. Parents or guardians are able to pick up craft kits for their
children and make the crafts at home. Arts and crafts kits are distributed
weekly at all community centers. The staff provides interactive
instruction and participants share their work through social media. The
manner in which the activity is conducted has been dictated by necessary
precautions due to COVID-19. The activities are more expensive since
supplies must be purchased new and can no longer be reused as in the
past when children attended in-person classes.
15 Project Name CV- Personal Protective Equipment (PPE)
Target Area CityWide
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG-CV: $24,000
Description Upon reopening of senior centers, community centers, and libraries, staff
will need to make available PPE and cleaning/sanitizing supplies to comply
with the increased requirements in mandated reopening guidelines.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated that 36,000 families will benefit from the proposed
activities.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Location Description 1. Delmann Heights Community Center
2969 N. Flores
San Bernardino, CA 92405
2. Rudy C. Hernandez Center
222 N. Lugo Avenue
San Bernardino, CA 92408
3. Ruben Campos Community Center
1717 W. Fifth Street
San Bernardino, CA 92410
4. Lytle Creek Community Center
980 South K Street
San Bernardino, CA 92410
5. Perris Hill Senior Center
780 E. 21st Street
San Bernardino, CA 92404
6. Fifth Street Senior Center
600 West Fifth Street
San Bernardino, CA 92410
7. Norman F. Feldheym Central Library
555 West 6th Street
San Bernardino, CA 92410
8. Dorothy Inghram Branch Library
1505 W. Highland Avenue
San Bernardino, CA 92411
9. Howard M. Rowe Branch Library
108 E. Marshall Blvd.
San Bernardino, CA 92404
10. Paul Villasenor Branch Library
525 N. Mt. Vernon Avenue
San Bernardino, CA 92411
Planned Activities During the COVID-19 , the City's Parks, Recreation and Community
Services Department and the Library are revamping the areas to be able
to prepare, prevent and respond to the pandemic. Therefore, upon
reopening of senior centers, community centers, and libraries, staff will
need to make available PPE and cleaning/sanitizing supplies to comply
with the increased requirements in mandated reopening guidelines.
16 Project Name CV- Modifications to Public Facilities
Target Area CityWide
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG-CV: $336,823
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Prior to opening of public facilities, such as senior centers, community
centers, and libraries, staff will need to modify the buildings to prepare
for, prevent, and respond to COVID-19. Supplies and materials needed,
such as tempered glass or Plexiglas, and PPE stations to meet the safety
guidelines will be provided.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated that 36,000 families will benefit from the proposed
activities.
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Location Description The activities will be undertaken in all public facilities, such as senior
centers, community centers, and libraries, citywide. Buildings for the
exclusive purpose of carryng out government functions are excluded:
Delmann Heights Community Center
2969 N. Flores
San Bernardino, CA 92405
Rudy C. Hernandez Community Center
222 N. Lugo Avenue
San Bernardino, CA 92408
Ruben Campos Community Center
1717 W. Fifth Street
San Bernardino, CA 92410
Lytle Creek Community Center
980 South K Street
San Bernardino, CA 92410
Perris Hill Senior Center
780 E. 21st Street
San Bernardino, CA 92404
Norman F. Fedlheym Central Library
555 West 6th Street
San Bernardino, CA 92410
Dorothy Inghram Branch Library
1505 W. Highland Avenue
San Bernardino, CA 92411
Howard M. Rowe Branch Libraary
108 E. Mashall Blvd.
San Bernardino, CA 92404
Paul Villasenor Branch Library
525 N. Mt. Vernon Avenue
San Bernardino, CA 92411
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities Prior to opening of public facilities, such as senior centers, community
centers, and libraries, staff will need to modify the buildings by
installing tempered glass or Plexiglas, and PPE stations to prepare for,
prevent, and respond to COVID-19 to meet the safety guidelines.
17 Project Name CV- Planning and Administration
Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding ESG-CV1 and ESG-CV2: $444,296; CDBG-CV $400,706
Description Planning and administering the programs
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Plan and administer the program
9.b
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OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and
minority concentration) where assistance will be directed
The City will use its funding for PY 2020-2021 to finance a variety of housing, community development,
economic development, and capital improvement projects. The majority of the funding will be used to
finance projects targeting low- to moderate-income individuals and families throughout the City.
CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where
51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S.
Census identified approximately 68.9 percent of the City consisted of households with low or moderate
incomes. A map of the Low / Moderate Income Target Areas is attached to this document.
The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the
past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority.
According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19
percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised
of some “Other” race or ethnicity.
Geographic Distribution
Target Area Percentage of Funds
CityWide 70
LMI Areas of the City 30
Table 4 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The funding available under the 2020-2021 Action Plan may be used to meet a variety of community
development and housing needs. As part of the development of the 2020-2021 Action Plan, the City
established priority needs based on an in depth analysis of the several factors housing, homelessness,
poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to
pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document.
The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where
residents have the greatest need for housing/services. The City will focus on low to moderate income
neighborhoods where there is a greatest need in the parks, such as having the playground equipment
replaced, because those are the areas of greatest need.
Discussion
The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA)
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within in the City.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within
the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3)
housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals:
1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide
Assistance to Renter Households.
One Year Goals for the Number of Households to be Supported
Homeless 50
Non-Homeless 318
Special-Needs 75
Total 443
Table 5 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 75
The Production of New Units 79
Rehab of Existing Units 239
Acquisition of Existing Units 50
Total 443
Table 6 - One Year Goals for Affordable Housing by Support Type
Discussion
The table “One Year Goals for the Number of Households to be Supported” consists of 50 homeless
individual to be supported with housing, 368 units to be built, rehabilitated and acquired. The following
projects detail households that will benefit as well as the number of units in the City to be constructed
or rehabed.
Construciton of four (4) ownership housing units added through the Infill Program. Incomes will
range from 50% to 80% of Area Median Income (AMI);
75 affordable rental units to be built at Seccombe Park;
Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments;
Rental assistance to 75 households at risk of homelessness or homeless;
Acquisiton of 50 units as Permanent Support Housing for homeless persons or persons at risk of
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homelessness.
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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address
affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals,
and other individuals.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
This agency administers the Housing Choice Voucher Program, which provides rental assistance to
eligible residents of San Bernardino by providing monthly rental assistance to participants who want to
rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice
Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).
In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers
throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice
vouchers, 2,694 were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice
Voucher and maximize the use of those funds and other resources in San Bernardino.
Actions planned during the next year to address the needs to public hous ing
To assist HACSB in addressing public housing needs, the City will do the following:
Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the
owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk
units
Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable
stock, the City will provide technical and/or financial assistance to local non-profit organizations that
provide affordable housing.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The City does not own any public housing units, therefore has not undertaken efforts to encourage
public housing residents to become more involved in the management of public housing units. However,
the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage
public housing residents to contribute and participate in the management and HACSB has a
homeownership program for residents of public housing.
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As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire
distressed properties within San Bernardino, rehabilitate them and sell them to income qualified
homebuyers. The City will work with HACSB, to identify any households who may be eligible for the
Housing Choice Voucher Program.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it
has a moving to work designation which is a designation that a limited number of PHAs across the
country have.
Discussion
See above discussion.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in
the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the
City will allocate approximately $368,273 (allocation plus prior year resources of $72,44) in ESG funds to
homeless service providers who are skilled at transitioning homeless individuals and families from
homelessness to permanent housing through a variety of activities including street outreach, homeless
prevention, rapid re-housing, emergency shelter and essential services. Additionally, the City will
allocate $4,390,475 ($1,019,997 and $3,370,478) in ESG-CV1 and ESG-CV2 respectively, to prevent,
prepare for and respond to the Coronavirus among the homeless.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of
the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons
and assess their individual needs, the City will continue to support the CoC’s coordinated entry system,
2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent
risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to
retain current housing or to locate get housing placement.
The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78
homeless persons through street outreach, providing social service referrals to 49 of those 78 persons
and facilitating the placement of 13 homeless persons into permanent housing.
Addressing the emergency shelter and transitional housing needs of homeless persons
The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an
emergency men’s shelter. Due to the changed circumstances as a result of Covid-19, LSSSC has decided
it would be more prudent to rehabilitate their existing shelter, instead of building a new shelter as
previously planned. The City will assist LSSSC by provding $500,000 for the rehabilitation and
modification of the existing shelter to better prevent, prepare for and respond to Covid-19.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
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individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every
community in the region. As the largest community in the County, the City also serves as a hub for
service providers. The City supports the efforts of the network of agencies working to end homelessness
through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key
components, one of which is homeless prevention. The provision of preventative services will decrease
the number of households and individuals who will become homeless and require emergency shelters
and assistance. The City is working to prevent persons from becoming homeless by funding emergency
rental assistance for households at-risk of homelessness.
Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment
complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive
housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019.
Golden has onsite health and mental health services available through the Department of Behavioral
Health and Molina Health.
The City has partnered with Step Up on Second to provide street outreach services to homeless persons
and assist them with obtaining their vital documents, housing navigation, transportation to
appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13
individuals and provided linkage to services to 78 persons.
San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on
a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended
to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First
Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in
their current housing if appropriate.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10-
Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge
planning in order to prevent people from becoming homeless when they are discharged from
correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires
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that State and local governments have policies and protocols in place to ensure that persons being
discharged from a publicly-funded institution or system of care are not discharged immediately into
homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge
Planning Committee to focus on improving coordination between discharge planning agencies, local
government, and homeless service providers in order to implement a “zero tolerance” plan that will
prevent persons being discharged into homelessness.
Discussion
In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless
Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San
Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated
entry system provides a single point of entry for people who are homeless to be screened and assessed
for a range of CoC and City funded homeless programs, including emergency shelters, transitional
housing, permanent supportive housing, and rapid rehousing services. All contracted service providers
report outcomes based on the countywide outcome standards developed by the County Office of
Homeless Services, in order to inform future adjustments to the service system.
In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aids Project.
In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City recognizes that barriers to affordable housing exist and continues to employ strategies to
overcome them. Policies can create barriers to the production of affordable housing and residential
investment because such factors increase costs. The high cost of affordable housing and residential
investment can be contributed to the following:
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been
severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment
activities and funding was the City’s primary tool for assisting with neighborhood revitalization
efforts and production of affordable housing. The loss of this funding represents a constraint for
the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the
City relies on private resources, federal grant programs, state resources, and philanthropy to
fund affordable housing projects.
Environmental Protection: State law (California Environmental Quality Act and California
Endangered Species Act) and federal law (National Environmental Policy Act and Federal
Endangered Species Act) regulations require environmental review of proposed discretionary
projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the
environmental review process are also added to the cost of housing.
Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate
pedestrian and automobile infrastructure to support new residential subdivisions. All new
residential development is required to provide sidewalk with curbs and gutters and must be
served by appropriate roadways consistent with the General Plan Circulation Element and
adopted road development standards. The cost of these improvements increases the cost of
development, but is necessary to facilitate pedestrian and vehicular access and movement in
the City.
Planning and Development Fees: Planning and development impact fees, such as for
transportation, water, and sewer infrastructure improvements, often add to the overall cost of
development. The City’s fees reflect the fair share of the costs of providing permitting,
infrastructure, and services for new residences.
Permit and Processing Procedures: Builders and developers frequently cite the cost of holding
land during the evaluation and review process as a significant factor in the cost of housing. The
City of San Bernardino’s development review process is designed to accommodate growth
without compromising quality. Project quality is of critical concern, as the City faces challenges
in securing foreclosed single-family homes and poorly maintained multifamily complexes.
State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations
(DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing
wage adds to the overall cost of development. A prevailing wage must also be paid to laborers
when federal funds are used to pay labor costs for any project over $2,000 or on any multi-
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family project over eight units. Based on discussions with developers, various prevailing wage
requirements typically inflate the development costs by 35 percent.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by
developing and adopting a new Development Code that unified and simplified the City’s development
regulations and processes. That effort was followed by a reorganization of the City to unify the various
development-related departments into a single Community Development Department and a one-stop
permit counter. The City has made the following additional amendments to the Municipal Code in order
to further reduce barriers to affordable housing:
1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential,
and generally cannot support onsite property management. Development opportunities could
be increased through a small-lot consolidation program that offers a 15 percent density bonus
for projects with a residential component that are committing to a maintenance plan and having
on-site management. The City is anticipating amending the Development Code to incentivize lot
Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for
lower and moderate income households. The City anticipates amending the Development Code
to reflect the latest amendments to State density bonus law.
3. Transitional and Supportive Housing - The City plans to amend the Development Code to
adequately define transitional and permanent supportive housing and permit these uses based
on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development
activities and regulations and will continue to analyze potential programs that seek to eliminate
land use constraints, particularly as related to the provision of new housing and rehabilitation of
existing housing. The City amended its Development Code in 2012 to make it more user-friendly
and to minimize confusion for staff and the development community. As part of the
Development Code update, the City also introduced a new streamlined type of Conditional Use
Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental
Review Committee rather than the Planning Commission, which requires less staff time (and a
relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for
certain qualified projects.
5. The City will update its General Plan.
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Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the
Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate
housing units and provide homeownership opportunities to low and moderate-income households.
For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied
Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year
that were not fully expended. Through the City’s Infill Housing Program, the City will acquire,
rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and
moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide
deferred loans for the rehabilitation of single family units owned by low and moderate income
households.
Although the City no longer has access to redevelopment funds, the City will continue to leverage its
CDBG and HOME funds to attract private and other available public resources, including land conveyed
to the City for the purpose of creating affordable housing for low- and moderate- income households.
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AP-85 Other Actions – 91.220(k)
Introduction:
Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for
establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows:
High Priority
Preserve and Rehabilitate Housing
Expand homeownership opportunities
Provide Homeless and Homeless Prevention Services
Promote economic development and employment opportunities for low and moderate income
persons. Micro-Enterprise
Low Priority
New affordable Rental Housing
Improve and expand existing community facilities and infrastructure to meet current and future
needs.
Eliminate identified impediments to fair housing through education, enforcement, and testing.
Planning and Administration – CDBG, HOME, and ESG
New Affordable Housing Construction or Rehabilitation
Expand homeownership opportunities – Infill Housing
First-Time Homeownership – CHDO 15% set-aside
New affordable rental housing
Actions planned to address obstacles to meeting underserved needs
To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME
and ESG funds through the Action plan in projects that provide financing for the affordable housing
development, housing rehabilitation, job creation, public facility/infrastructure improvements and
homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order
to leverage additional ongoing resources for housing and homeless services, the City is applying for the
Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of
Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6
million in PLHA funds.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for
seniors and lower-income households.
Actions planned to foster and maintain affordable housing
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The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to
preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied
Rehabilitation Loan Program.
Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted
through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested
for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement
procedures will be included in the scope of work for the rehabilitation of the housing unit. All
procedures will be in compliance with 24 CFR Part 35.
Actions planned to reduce the number of poverty-level families
For PY 2020-2021, the City will support:
An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties
within the City and when complete sell these homes to low- and moderate income households
Micro Enterprise Program that will provide small business development training and support to
income qualified clients who are wish to start their own small business.
Service providers who can provide street outreach, rapid-rehousing, homeless prevention,
emergency shelter, and other essential services to homeless and near-homeless persons and
families.
The improvement of various park facilities within income-eligible areas of the City that provide
recreational and support services to low- and moderate-income residents of the City.
The efforts of HACSB, who provides rental assisance and conventional housing to low-income
households.
The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of
Homeless Services and various Homeless Service Agencies to provider public and social services
to residents living in poverty, including health services, counseling, educational programs, food
distribution, academic and vocational training, youth services, and senior services.
The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.
The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who
are at imminent risk of becoming homeless with problem solving support to retain current
housing or to locate another housing placement.
Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will
continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB,
National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved
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with the delivery of housing and social services to low- and moderate-income San Bernardino residents.
This will allow to coordinate the City's activities by not duplicating efforts and to know what other
agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity
Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and
Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in
the City. These types of collaborations build the capacity for the City to continue providing affordable
housing.
Actions planned to enhance coordination between public and private housing and social
service agencies
During the next year, the San Bernardino Community & Economic Development Department will
continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce
Development, County Department of Behavioral Health and County Office on Aging and Adult Services
involved with the delivery of housing, supportive services and economic development to low- and
moderate- income San Bernardino residents. Workforce Development, for example, provides job
placement services for person in the County and also provides up to three months of paid on the job
training and any equipment that an employee may require to carry their new job. In the realm of
economic development, the City recently established a partnership with the Mexican Consulate’s
“Emprendedoras” program. The program partners with the Small Business Administration and the City’s
Micro Enterprise program to provide Spanish language training for persons interested in launching a
small business or expanding an existing small business. Through the City’s partnership with the
“Emprendedoras” program, the City will cross promote the services available through Workforce
Development.
Discussion:
The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles
to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint
hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional
structure, and enhance coordination between public and private housing and social service agencies.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San
Bernardino will follow all HUD regulations concerning the use of program income, forms of investment,
overall low-and moderate-income benefit for the CDBG program and recapture requirements for the
HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of
CDBG funds is used to benefit persons of low and moderate income.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 817,368
2. The amount of proceeds from section 108 loan guarantees that will be used during the year
to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has
not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 817,368
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income.Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 80.00%
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
as follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers
the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance,
the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of
Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME
Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net
Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority
to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs.
2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least
two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal
the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number
of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period
of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy
only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer
sells or transfers the Eligible Property during the third year, before the completion of the full
third year of a ten-year Period of Affordability, the percentage reduction of the amount of the
HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20.
Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there
were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the
amount.
3. In no event shall City’s recovery exceed the amount of the Net Proceeds.
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The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs,
utilize the noted recapture provisions, which are part of the affordability covenant executed by the
homeowner and recorded against the property.
In its homeownership and single family rehabilitation programs the City utilizes the homeownership
limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired
with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as
follows:
Amount of HOME Subsidy Period of Affordability
Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years
Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years
Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain
affordable for the period noted based on the amount of HOME subsidy. The City requires that its
CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture
provisions, which are part of the affordability covenant executed by the homeowner and recorded
against the property.
In its homeownership and single family rehabilitation programs the City utilizes the homeownership
limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is
rehabilitated with HOME funds along with a description of the refinancing guidelines required that
will be used under 24 CFR 92.206(b), are as follows:
The City will not be undertaking any refinancing of existing debt secured by multifamily housing that
is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units
rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the
requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to
incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME
regulatory requirements that ensure beneficiaries are not precluded from participating in HOME
funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for
funding under the HOME program. Solicitations for applications are conducted as funds are available
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for various programs and/or when contracts and renewal periods with applicants expire and new
NOFAs and RPS are released.
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as at tachment)
Please refer to an attachment incluced in Admin (AD-26).
2. If the Continuum of Care has established centralized or coordinated assessment system that
meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral
Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by
the United Way of San Bernardino County and provides free and confidential information and
referral service to persons in need of help connecting with various free or low cost health and
human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San
Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available
to assist English and/or Spanish speaking callers. However, if another language is need, 211 San
Bernardino County, utilizes a translation line that can assist in disseminating information in over 150
languages. 211 San Bernardino County is also available by going to http://211sb.org.
Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate,
to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless
people in the area covered by the Continuum of Care or area over which the services are
coordinated to provide a strategic, community-wide system to prevent and end homelessness.
3. Identify the process for making sub-awards and describe how the ESG allocation available to
private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure for services that will meet the goals and
objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year
Plan to End Homelessness.
The application review process has three phases. In the first phase, all applications are reviewed by
the Community and Economic Development Department staff for completeness and eligibility under
the Federal program guidelines. Eligible programs and projects are then reviewed according to their
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contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year
Plan to End Homelessness. Preference is given if a program has the ability to help the City meet
federal program objectives and local priorities. Organizational capacity, experience, and past
performance are also considered.
Based on this review, Community and Economic Development Department staff prepares general
funding recommendations. Lastly, a public hearing before City Council will be held to consider the
2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as
the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City
forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban
Development for approval.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR
576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with
homeless or formerly homeless individuals in considering policies and funding decisions
regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on
Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless
Partnership. The ICH serves as the policy making body of the Partnership and oversees the
implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will
focus on resource development to insure the funding of homeless projects and 10-Year Strategy
recommendations. In addition, ICH serves as the HUD-designated primary decision-making group
and oversight board of the City of San Bernardino & County (hereinafter referred to as the
“geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter
referred to as the “CoC”). There are currently former homeless individuals that participate in the
policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the
City.
The ICH is charged with directing, coordinating and evaluating all of the activities related to
implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to
report progress on the implementation of the 10-Year Strategy to their colleagues and constituents
following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless
providers and stakeholders throughout San Bernardino County in order to carry out implementation
activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy
recommendations.
As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the
responsibilities assigned to it by the United States Department of Housing and Urban Development
(HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and
operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the
geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known
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as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and
Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in
compliance with all requirements prescribed by HUD. c. The development of a CoC plan that
includes outreach, engagement, assessment, annual gap analysis of the homeless needs and
services available, prevention strategies, shelter and housing supportive services, and HUD CoC
annual and biennial requirements; 2. To represent the relevant organizations and projects serving
homeless subpopulations; 3. To support homeless persons in their movement from homelessness to
economic stability and affordable permanent housing within a supportive community; 4. To be
inclusive of all the needs of all of geographic area’s homeless population, including the special
service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and
concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual
CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish
performance targets appropriate for population and program type, monitor recipient and sub-
recipient performance, evaluate outcomes, and take action against poor performers; and 7. To
evaluate outcomes of projects funded under the County of San Bernardino CoC program including
the ESG.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to
successfully develop, design, implement, and monitor the ESG-funded activities.
ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and
City of San Bernardino requirements relative to the ESG program, specifically those concerning
equal opportunity and fair housing, affirmative marketing, environmental review, displacement,
relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and
flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to
determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount
and types of assistance the individual or family needs to regain stability in permanent housing.
All subrecipient providers should meet or exceed project quality goals established by HUD and CoC
guidelines which include the following: At least 80 percent of project participants either remained in
permanent housing or exited to permanent housing; At least 20 percent or more of project
participants have employment income (or other sources such as SSI and/or SSDI, for those who are
not employable); At least 54 percent of project participants increased their income from sources
other than employment in a given operating year; At least 56 percent of project participants
obtained mainstream benefits; and 100 percent of the project participants came from the street or
other locations not meant for human habitation, emergency shelters, or safe havens. In addition,
PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically
homeless persons.
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Housing Trust Fund (HTF)
Reference 24 CFR 91.220(l)(5)
1. Distribution of Funds
a. Describe the eligibility requirements for recipients of HTF funds (as defined in 24 CFR § 93.2).
b. Describe the jurisdiction’s application requirements for eligible recipients to apply for HTF funds.
c. Describe the selection criteria that the jurisdiction will use to select applications submitted by eligible
recipients.
d. Describe the jurisdiction’s required priority for funding based on geographic distribution, which is a
description of the geographic areas of the State (including areas of low-income and minority
concentration) in which it will direct assistance during the ensuing program year.
e. Describe the jurisdiction’s required priority for funding based on the applicant's ability to obligate HTF
funds and undertake eligible activities in a timely manner.
f. Describe the jurisdiction’s required priority for funding based on the extent to which rents for units in
the rental project are affordable to extremely low-income families.
g. Describe the jurisdiction’s required priority for funding based on the financial feasibility of the project
beyond the required 30-year period.
h. Describe the jurisdiction’s required priority for funding based on the merits of the application in
meeting the priority housing needs of the jurisdiction (such as housing that is accessible to transit or
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employment centers, housing that includes green building and sustainable development features, or
housing that serves special needs populations).
i. Describe the jurisdiction’s required priority for funding based on the location of existing affordable
housing.
j. Describe the jurisdiction’s required priority for funding based on the extent to which the application
makes use of non-federal funding sources.
2. Does the jurisdiction’s application require the applicant to include a description of the eligible
activities to be conducted with HTF funds?
3. Does the jurisdiction’s application require that each eligible recipient certify that housing units assisted
with HTF funds will comply with HTF requirements?
4. Performance Goals and Benchmarks. The jurisdiction has met the requirement to provide for
performance goals, consistent with the jurisdiction’s goals established under 24 CFR 91.215(b)(2), by
including HTF in its housing goals in the housing table on the SP-45 Goals and AP-20 Annual Goals and
Objectives screens.
5. Rehabilitation Standards. The jurisdiction must establish rehabilitation standards for all HTF-assisted
housing rehabilitation activities that set forth the requirements that the housing must meet upon project
completion. The jurisdiction’s description of its standards must be in sufficient detail to determine the
required rehabilitation work including methods and materials. The standards may refer to applicable
codes or they may establish requirements that exceed the minimum requirements of the codes. The
jurisdiction must attach its rehabilitation standards below. If the jurisdiction will not use HTF funds for
the rehabilitation of housing, enter “N/A”.
In addition, the rehabilitation standards must address each of the following: health and safety; major
systems; lead-based paint; accessibility; disaster mitigation (where relevant); state and local codes,
ordinances, and zoning requirements; Uniform Physical Condition Standards; and Capital Needs
Assessments (if applicable).
6. Resale or Recapture Guidelines. Below, the jurisdiction must enter (or attach) a description of the
guidelines that will be used for resale or recapture of HTF funds when used to assist first-time
homebuyers. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”.
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7. HTF Affordable Homeownership Limits. If the jurisdiction intends to use HTF funds for homebuyer
assistance and does not use the HTF affordable homeownership limits for the area provided by HUD, it
must determine 95 percent of the median area purchase price and set forth the information in
accordance with §93.305. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter
“N/A”.
8. Limited Beneficiaries or Preferences. Describe how the jurisdiction will limit the beneficiaries or give
preferences to a particular segment of the extremely low- or very low-income population to serve
unmet needs identified in its consolidated plan or annual action plan. If the jurisdiction will not limit the
beneficiaries or give preferences to a particular segment of the extremely low- or very low-income
population, enter “N/A.”
Any limitation or preference must not violate nondiscrimination requirements in § 93.350, and the
jurisdiction must not limit or give preferences to students. The jurisdiction may permit rental housing
owners to limit tenants or give a preference in accordance with § 93.303 only if such limitation or
preference is described in the action plan.
9. Refinancing of Existing Debt. Enter or attach the jurisdiction’s refinancing guidelines below. The
guidelines describe the conditions under which the jurisdiction will refinance existing rental housing
project debt. The jurisdiction’s refinancing guidelines must, at minimum, demonstrate that
rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a
minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. If
the jurisdiction will not refinance existing debt, enter “N/A.”
Discussion:
See above discussion.
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Public Hearing
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Annexation No. 6 to Community Facilities District 2019-1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-223 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the are proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 6); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2020-224 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 6); and
5. Introduce Ordinance No. MC-1543 of the Mayor and City Council of the City of
San Bernardino, California, amending Ordinance No. MC-1522 and levying
special taxes to be collected during Fiscal Year 2020 -21 to pay the annual costs
of the maintenance and servicing of landscaping, lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019 -1
(Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1543 for October 7,
2020.
Background
On August 5, 2020, the Mayor and City Council adopted Resolution No. 2020 -186, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
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pursuant to the provisions of the “Mello -Roos Community Facilities Act of 1982”. A
public hearing was set for September 16, 2020 , on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on August 7, 2020 at 10:26 a.m., in Book 89 , Page 31,
Document No. 2020-0275920, of the Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to a
petition filed by the property owner of approximately 1.80 gross acres of an exis ting
residential property on Assessor’s Parcel Number 0147 -114-01 within the City,
requesting that the City assist them in annexing their properties into CFD No. 2019 -1
under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to
assist public agencies in financing certain public improvements by either issuing tax
exempt securities that are repaid by annual levy of special taxes, or to provide for the
financing of on-going public services. The landowner requested the City annex into
CFD No. 2019-1 to levy a special tax to cover the costs associated with the
maintenance of public improvements. The public facilities and services proposed to be
financed within the territory to be annexed to the District are the following:
1. Maintenance of median landscaping and other public improvements installed
within the public rights-of-way; and
2. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
3. Maintenance of streets, including pavement management, and provide street
sweeping; and
4. Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities; and
5. City and County costs associated with the setting, levying and co llection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 7 and is
located southwest intersection of Gilbert Street and Windsor Drive, as shown in
Attachment #1.
The maximum annual special tax for this development has been calculated to be
$3,197, per acre. Public property and homeowner’s association property are exempt
from the special tax. The maximum annual tax rate is proposed to escalate each year at
the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to
initiate and conduct the CFD annexation proceedings pursuant to the Mello -Roos Act of
1982. The property owners have submitted a “Consent and Waiver” form on file in the
City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello -Roos Act in
1982, for the annexation into the CFD and consenting to the shortening of election time
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requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election.
In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted August 5,
2020.
Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
Amend the Ordinance and order the levy and collection of sp ecial taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for October 7, 2020 .
Discussion
The Resolution of Intention called for a public hearing to be held on September 16,
2020 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-
Roos Act, the City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the City
Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an el ection
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Governm ent Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello -Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing . If
the Mayor and City Council adopt Resolution No. 2020-223, it may immediately proceed
to the opening of the ballots and adopt Resolution No. 2020 -224 declaring the results of
the election.
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2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Fiscal Stability. Approval of this
Ordinance will establish an ongoing revenue source to offset costs associated with
future maintenance of infrastructure and landscape areas in public rights of way
associated with the CFD.
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated, upon full completion of the development, the re will be an
annual collection of special tax revenues of approximately $5,307 to be used to pay for
maintenance costs within the development.
On June 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to build-out of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer.
By annexing into the CFD, the costs of maintaining improvements located within the
development will be financed through special taxes levied on the parcels within CFD
No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-223 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the are proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 6); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2020-224 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 6); and
5. Introduce Ordinance No. MC-1543 of the Mayor and City Council of the City of
San Bernardino, California, amending Ordinance No. MC-1522 and levying
special taxes to be collected during Fiscal Year 2020 -21 to pay the annual costs
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of the maintenance and servicing of landscaping, lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019 -1
(Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1543 for October 7,
2020.
Attachments
Attachment 1 Project Map
Attachment 2 Resolution No. 2020-223 (Resolution Calling Election, Authorizing
Levy, and Establishing Appropriations Limit); Exhibit A - Description
of Proposed Territory; Exhibit B Rate and Method of
Apportionment; Exhibit C Ballot
Attachment 3 Resolution No. 2020-224 (Resolution Declaring Election Results);
Exhibit A - Certificate of Election Results
Attachment 4 Ordinance No. MC-1543 (Ordinance Levying Special Taxes);
Exhibit A - Description of Services; Exhibit B Parcel List
Attachment 5 Petition
Attachment 6 PowerPoint Presentation
Ward: 5
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello -
Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
August 5, 2020 Mayor and City Council adopted Resolution No. 2020 -186, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
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provisions of the “Mello-Roos Community Facilities Act of 1982”.
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PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 7 10.aPacket Pg. 186Attachment: PW CFD 2019-1 Annex 6 - Att 1. Project Map (6890 : Annexation No. 6 to Community Facilities
RESOLUTION NO. 2020-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, CALLING AN
ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS
THE QUESTION OF LEVYING A SPECIAL TAX WITHIN
THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) (ANNEXATION NO. 6)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes withi n CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”)
described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which, the
City Council adopted Resolution No. 2019-178 forming CFD No. 2019-1 and calling a special
election, at which, the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all
votes cast at the special election were cast in favor of the proposition presented, and such
proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council, on August 5, 2020, duly adopted Resolution No. 2020-
186 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for
September 16, 2020; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 6 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on August 7, 2020, in Book 89 of Maps of Assessment and
Community Facilities Districts at Page 31, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2020-223
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public
hearing was convened by the City Council on September 16, 2020, not earlier than the hour of
7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W.
6th Street, San Bernardino, California, 92418, relative to the proposed annexation of said
territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against
the annexation of the territory or the levying of the special taxes will be heard. If and to the
extent participation in the September 16, 2020 meeting must occur by teleconference,
videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the
meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours
prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing
Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the
San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019 -1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve registered
voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the
qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3. Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of
the special tax within such territory are insufficient in number and in amount under the Act, and
the City Council hereby further orders and determines that all such protests are hereby overruled.
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Resolution No. 2020-223
SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council with respect to the
annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except
where funds are otherwise available, subject to the approval of the qualified electors of territory
proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the
Services (including incidental expenses as described in the Resolution of Intention), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of
collection of the special tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and
is not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92418, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s
parcel number and that will be responsible for estimating future special tax levies pursuant to
Government Code section 53340.2. The Public Works Director may cause these functions to be
performed by his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services
financed in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits
the questions of levying the special tax within the territory proposed to be annexed to the
qualified electors, in accordance with and subject to the Act. The special election shall be held
on September 16, 2020, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on August 10, 2020 (a date
within the 90 days preceding the close of the public hearing on the territory proposed to be
annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory
proposed to be annexed, and each landowner who was the owner of record at the close of the
hearing shall have one vote for each acre or portion of an acre of land that such landowner owns
within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on
the question of levying the special tax and establishing an appropriations limit for CFD No.
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Resolution No. 2020-223
2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election
shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s
delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No.
2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to
7:00 p.m. on September 16, 2020. The City Clerk shall have available ballots that may be
marked at the City Clerk’s office on the Election Day by voters. Once all qualified electors have
voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the
special election as soon as the election is closed (on September 16, 2020, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to b e inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries
of CFD No. 2019-1 in her office.
SECTION 11. 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 12. 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 13. 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 __________ 2020.
John Valdivia, Mayor
City of San Bernardino
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Packet Pg. 190 Attachment: PW CFD 2019-1 Annex 6 - Att 2. Reso Calling an Election [Revision 1] (6890 : Annexation No. 6 to Community Facilities District
Resolution No. 2020-223
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2020-223
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 6 is currently comprised of one parcel, located within the City boundaries. The property
is identified by the following San Bernardino County Assessor's Parcel Numbers (APN).
APN Owner Name
0147-114-01 San Bernardino Medical Center LLC
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City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A.DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof
associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any
other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
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City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of residential property
that consists of a building or buildings comprised of attached Residential Units sharing at least one
common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non‐residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any residential property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi‐Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi‐family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
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City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:
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City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined
by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Community Facilities District No. 2019‐1 (Maintenance Services)
Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Community Facilities District No. 2019‐1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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Community Facilities District No. 2019‐1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2020‐21. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019‐1.
TAX ZONE 7
PM 20112
Item Description Estimated Cost
1 Landscaping $1,809
2 Lighting $100
3 Streets $2,100
4 Drainage $589
5 Reserves $209
6 Admin $500
Total $5,307
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
FY 2020‐21 MAXIMUM SPECIAL TAX RATES ASSIGNED TO EACH TAX ZONE
FOR DEVELOPED PROPERTY AND APPROVED PROPERTY
Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Taxable
Unit
Land Use
Category
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
7 2020‐21 PM 20112 1.66 Acre NR $3,197 $0 San Bernardino
Medical Center LLC
UNDEVELOPED PROPERTY
The Maximum Special Tax A for Tax Zone 7 for Undeveloped Property for Fiscal Year 2020‐21 is
$3,197 per acre.
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2021 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange
County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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Community Facilities District No. 2019‐1 (Maintenance Services)
TAX ZONE SUMMARY
Annex
Tax
Zone
Fiscal
Year
Tract /
APN
No. of
Taxable
Units
Taxable
Unit
Land Use
Category
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 2019‐20 17170 27 RU SFR $961 $0 Santiago Communities, Inc.
1 2 2019‐20 17329 74 RU SFR $473 $0 JEC Enterprises, Inc.
2 3 2020‐21 PM 19814 55.57 Acre NR $608 $0 GWS #4 Development, LLC
3 4 2019‐20 0266‐041‐39 2.50 Acre NR $1,136 $0 Devore Storage Facility, LLC
4 5 2020‐21 TR 20006 119 RU SFR $344 $50 TH Rancho Palma, LLC
5 6 2020‐21 PM 19701 7.42 Acre NR $1,895 $387 Strata Palma, LLC
6 7 2020‐21 PM 20112 1.66 Acre NR $3,197 $0 San Bernardino Medical
Center LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange
County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any
portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the
benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019‐1 before CFD No. 2019‐1 was created.
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Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 6
(September 16, 2020)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
San Bernardino Medical Center LLC 1.80 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
September 2, 2020, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 16,
2020, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on September 16, 2020.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 210 Attachment: PW CFD 2019-1 Annex 6 - Att 2. Ex C Special Election Ballot (6890 : Annexation No. 6 to Community Facilities District 2019-1)
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
San Bernardino Medical Center LLC
Attn: Brandon Sudweeks
27720 Jefferson Ave, Suite 100B
Temecula, CA 92590
0147-114-01
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on August 5,
2020 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 6 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
San Bernardino Medical Center LLC
By: Brandon Sudweeks
Owner
Signature
Print Name
Title
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Packet Pg. 211 Attachment: PW CFD 2019-1 Annex 6 - Att 2. Ex C Special Election Ballot (6890 : Annexation No. 6 to Community Facilities District 2019-1)
RESOLUTION NO. 2020-224
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 6)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No.
2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to
Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a
resolution calling a special election for September 16, 2020, and submitting to the qualified
electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special
taxes on parcels of taxable property therein for the purpose of providing certain services which
are necessary to meet increased demands placed upon the City as a result of the development of
said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated
September 16, 2020, executed by the City Clerk (or, in the absence of the City Clerk, the Acting
City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a
completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a
ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure,
and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals. This Council finds and determines that the foregoing recitals are
true and correct.
SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3. Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the City Council is authorized to
determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the City Council is also authorized, pursuant to said Section
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Resolution No. 2020-224
53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the
services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2020-186 adopted
by the City Council on August 5, 2020. The boundaries of the territory annexed are shown on
the map entitled, "Annexation Map No. 6 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on August 7, 2020, in Book 89 of Maps
of Assessment and Community Facilities Districts at Page 31, in the office of the San Bernardino
County Recorder.
SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the
Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall
cause to be filed with the County Recorder of the County of San Bernardino an amendment of
the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1
including the annexed territory.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2020-224
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 6
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case
may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council
(the “City Council”) of the City of San Bernardino (the “City”) on this same date in the
proceedings of the City Council for the annexation of territory to the above-entitled community
facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a
signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity
named as the sole landowner of the land within the boundary of the above-entitled community
facilities district in the Certificate Regarding Registered Voters and Landowners, date August
10, 2020, and on file in the office of the City Clerk of the City in connection with the City Council
actions on that date. Copies of the completed waiver and consent form and the completed ballot
received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in
favor of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
San Bernardino Medical Center
LLC 1.80 2
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on ____________, 2020.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
10.g
Packet Pg. 215 Attachment: PW CFD 2019-1 Annex 6 - Att 3. Ex A Certificate (6890 : Annexation No. 6 to Community Facilities District 2019-1)
ORDINANCE NO. MC-1543
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2020-2021 TO PAY THE ANNUAL COST OF
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a
community facilities district to be known as "City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the
"Community Facilities District"), is proposed to be established under the provisions of Chapter
2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982"
(the "Act"), and fixing the time and place for a public hearing on the formation of the
Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on September 16, 2020, at the time and place specified in said published
and mailed notice, the City Council opened and held a public hearing as required by law relative
to the formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the formation of the Community Facilities District, the levy of the special taxes and
the provision of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of
Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities
District" (the "Resolution of Formation") which resolution established the Community Facilities
District, authorized the levy of a special tax within the District, and called an election within the
10.h
Packet Pg. 216 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ordinance (6890 : Annexation No. 6 to Community Facilities District 2019-1)
Ordinance MC-1543
2
District on the proposition of levying a special tax, and establishing an appropriations limit
within the District; and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San
Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide
and finance the costs of certain types of services, and related costs within the Community
Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water
quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund
for capital replacement, and (iii) administrative expenses, all as more completely described in
Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for
the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within
the District which are subject to taxation, which are identified in Exhibit "B" attached hereto.
Pursuant to said Section 53340, such special taxes shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and
the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem
taxes.
SECTION 3. Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4. Authorization to Publish Ordinance. 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 5. Effective Date. This ordinance shall become effective thirty (30) days
after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2020.
John Valdivia, Mayor
City of San Bernardino
10.h
Packet Pg. 217 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ordinance (6890 : Annexation No. 6 to Community Facilities District 2019-1)
Ordinance MC-1543
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 218 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ordinance (6890 : Annexation No. 6 to Community Facilities District 2019-1)
Ordinance MC-1543
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of ______, 2020. Ordinance No. MC-____
was approved, passed and adopted at a regular meeting held the ____ day of ______, 2020 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____,
2020.
Genoveva Rocha, CMC, City Clerk
10.h
Packet Pg. 219 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ordinance (6890 : Annexation No. 6 to Community Facilities District 2019-1)
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
10.i
Packet Pg. 220 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ex A Description of Services (6890 : Annexation No. 6 to Community Facilities District 2019-1)
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2020-21
(Effective as of September 16, 2020)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
10.j
Packet Pg. 221 Attachment: PW CFD 2019-1 Annex 6 - Att 4. Ex B Parcel List (6890 : Annexation No. 6 to Community Facilities District 2019-1)
1.The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2. The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
10.k
Packet Pg. 222 Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities District 2019-1)
10.k
Packet Pg. 223 Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities District 2019-1)
10.k
Packet Pg. 224 Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities District 2019-1)
10.kPacket Pg. 225Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities
10.k
Packet Pg. 226 Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities District 2019-1)
BUILDING 'B'
5,500 S.F.BUILDING 'A'
11,300 S.F.WINDSOR AVENUEGILBERT STREET
PARCEL 2PARCEL 1
LOT A
TENTATIVE PARCEL MAP NO. 20112
755 EAST GILBERT STREET
APN 0147-114-01
10.k
Packet Pg. 227 Attachment: PW CFD 2019-1 Annex 6 - Att 5. Petition (6890 : Annexation No. 6 to Community Facilities District 2019-1)
Public Hearing
CFD No. 2019-1 Annexation No. 6:
0147-114-01 (PM 20112)
Presented by Alex Qishta Deputy of Public Works/City Engineer
10.l
Packet Pg. 228 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Public Hearing on CFD 2019-1 Annexation No. 6
Recommended Action
1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:
A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION,
D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION;
AND
2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC-
1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE
FUTURE); AND
3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR OCTOBER 7, 2020.
10.l
Packet Pg. 229 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Public Hearing on CFD 2019-1 Annexation No. 6
Discussion
•The Property Owner, San Bernardino Medical Center, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The area proposed within Annexation No. 6 includes one parcel APN 0147-114-01 within PM 20112.
•On August 5, 2020 the City Council adopted Resolution No. 2020-186, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on September 16, 2020. The property owner consented to waiving certain time restriction and conduct the election the same night.
10.l
Packet Pg. 230 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Public Hearing on CFD 2019-1 Annexation No. 6
Discussion (Cont.)
•The proposed maximum annual tax of $3,197 per acre will
be included in CFD No. 2019-1 as Tax Zone 7.
•The maximum annual tax is proposed to escalate each
year at the greater of Consumer Price Index (CPI) or
2%.
10.l
Packet Pg. 231 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Public Hearing on CFD 2019-1 Annexation No. 6
Discussion (Cont.)
•The services, which may be funded with proceeds of the
special tax include:
•All costs attributable to Maintenance of median landscaping and
other public improvements installed within the public rights -of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and
street sweeping,
•Maintenance and operation of water quality improvements
including storm drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the
special tax may be expended to pay administrative expenses and
for the collection of reserve funds.
10.l
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Project Location 10.l
Packet Pg. 233 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Public Hearing on CFD 2019-1 Annexation No. 6
Fiscal Impact
•It is anticipated that at build-out the total Special Tax
revenues to pay for maintenance costs will be
approximately $5,307. All costs associated with the
annexation is borne by the Developer. There is no
fiscal impact to the City’s General Fund.
10.l
Packet Pg. 234 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Questions?
10.l
Packet Pg. 235 Attachment: PW CFD 2019-1 Annex 6 - Att 6. PowerPoint (6890
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: July 2020 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 August 2020.
Background
On February 7, 2018, the Mayor and City Council adop ted 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 August 2020 are presented for review by the Mayor
and City Council including the:
1. Measure Z Oversight Committee - July 20, 2020
2. Planning Commission - July 14, 2020
3. Water Board - July 28, 2020
2020-2025 Key Strategic Targets and Goals
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 Key
Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture
that attracts, retains, and motivates the highest quality talent.
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 August 2020.
11
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6896
Page 2
Attachments
Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting
minutes approved in August 2020; Exhibit “A” - Measure Z
Oversight Committee - July 20, 2020; Exhibit “B” - Planning
Commission - July 14, 2020; Exhibit “C” - Water Board - July 28,
2020
Ward: All
11
Packet Pg. 237
11.a
Packet Pg. 238 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 239 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 240 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 241 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 242 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 243 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 244 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 245 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 246 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 247 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 248 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 249 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 250 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 251 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 252 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
11.a
Packet Pg. 253 Attachment: MCC.July 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-C).docx (6896 : July 2020 City Board, Commission, and Citizen
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Genoveva Rocha, CMC, City Clerk
Subject: Approval of Draft Minutes for the Mayor & City Council
Meeting
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the April 15, 2020 Mayor and City Council meeting.
Discussion
Attached are the draft minutes for the April 15, 2020 regular meeting of the Mayor and
City Council of the City of San Bernardino, California.
2020-2025 Key Strategic Targets and Goals
Providing the agenda and minutes from the Mayor and City Council meeting is in
alignment with Key Target No. 2: Focused, Aligned Leadership, and Unified Community.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the April 15, 2020 Mayor and City Council meeting.
Attachments
Attachment 1 Draft Minutes for April 15, 2020
12
Packet Pg. 254
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
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 MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 15, 2020
5:30 PM
CALL TO ORDER
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 5:30 PM by on Wednesday, April 15, 2020, via web-conference.
Attendee Name Title Status Arrived
Theodore Sanchez Mayor Pro-Tem, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Henry Nickel Council Member, Ward 5 Present
Bessine L. Richard Council Member, Ward 6 Present
James Mulvihill Council Member, Ward 7 Present
John Valdivia Mayor Present
Genoveva Rocha Acting City Clerk Present
Sonia Carvalho City Attorney Present
Teri Ledoux City Manager Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
12.a
Packet Pg. 255 Attachment: 04-15-2020 draft minutes (6912 : Approval of Draft Minutes for the Mayor & City Council Meeting)
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 5/25/2020
CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz, San Bernardino, inquired on pending investigation against Mayor
Valdivia regarding allegations of harassment and sexual harassment and requested that
the City provide an update.
The Mayor, City Council, and Staff convened into Closed Session following the Closed
Session Public Comments.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10159
ii. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9611
iii. George Gabera v. City of San Bernardino, Workers’ Comp. Claim No. CBSY-
9485
iv. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10413
v. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ1092715; ADJ3728783; ADJ4657808; ADJ693593; ADJ9657857; and
ADJ10586898
vi. Carmen Acosta v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132061
vii. Jonathan Keil v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY10171
viii. Daniel Han v. City of San Bernardino, Workers’ Comp. Claim No. 18-137756
ix. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132017
x. David Johnson v. City of San Bernardino, Workers’ Comp. Claim No. 18-
137083
xi. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18-
139152
xii Randall Wilson v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
8968
xiii. Joey Zink v. City of San Bernardino, Workers’ Comp. Case No. ADJ2194535
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One
case
(C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code Section
54957(b): City Manager initiated to discuss procedure related to future
appointments
7:00 P.M.
Mayor Pro-Tem Sanchez called the meeting to order at 7:16 p.m.
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INVOCATION AND PLEDGE OF ALLEGIANCE
At this time, Mayor John Valdivia joined the Open Session and led the Pledge of
Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that three items were discussed in Closed
Session and that there was reportable action on Item B – Conference with Legal
Counsel – Anticipated Litigation,
The City Council voted with a vote of 6-1 (COUNCILMEMBER IBARRA OPPOSED),
to initiate litigation against Southern California Edison to recover underpaid
utility user tax payments to the City.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Douglass Meister, San Bernardino, spoke on Item No. 2 and his concerns regarding the
project.
Todd Thompson, San Bernardino, spoke on Item No. 2 and expressed that he was in
favor of option number two the Waterman option.
Erin Madrigal, spoke continuing issues with homelessness and expressed her
disagreement in providing funding for the Mayor’s legal expenses.
Phil Rainbolt inquired whether the City was obeying the state mandated quarantine.
Leticia Garcia spoke on Item No. 6 and requested that the Council reject the request for
legal representation for Mayor Valdivia.
Kalani Hunter, Rancho Cucamonga, inquired on the resources the City was providing to
the residents of San Bernardino during the COVID-19 pandemic.
Treasure Ortiz, San Bernardino, spoke on Item No. 6; requested that the City Council
not allow the Mayor to participate in the discussion and requested that they deny the
request for legal presentation
Cristopher Gonzalez, San Bernardino, spoke on moving COVID-19 testing to the airport
where it would be easier to facilitate.
Carmel Roe, San Bernardino, spoke on Item No. 2 and stated that she was in favor of
the project and requested that the contract be awarded to GFR Homes.
Kim Kanotte, San Bernardino, stated she was in favor of Item No. 2 but requested that
the City have a well thought out plan and vision for the new development and requested
that the City Council hold off until the General Plan is updated.
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Barbara Babcock spoke on Item No. 6 and requested that the City Council vote in
opposition of providing Mayor Valdivia with a legal defense fund.
First name inaudible Rose, spoke on Item No. 2, she inquired whether there had been
any community outreach from the developers to gain input from the residents
Tim Prince, stated that the April 15, 2020, Mayor and City Council agenda was not
posted online, and expressed that he was in opposition of Item No. 6 the request for
legal representation for Mayor Valdivia.
Acting City Clerk Genoveva Rocha clarified that the agenda for the April 15, 2020,
Mayor and City Council meeting had been posted online on Friday April 10, 2020, and
that the agenda had been down from the server today for an hour due to technical
difficulties, but that nothing had been changed on the agenda.
Councilmember Nickel read a three public comments submitted by members in the
public relating to Item No. 6 and stating their opposition for the Mayor’s request for a
legal defense fund.
Councilmember Mulvihill read into the record a public comment submitted by Jeanette
McKaig who commented on police response times.
Councilmember Sanchez read into the record a public comment submitted by Luis
Ojeda. Mr. Ojeda expressed his opposition regarding the request to provide Mayor
Valdivia with a legal defense fund.
Councilmember Richard read into the record a public comment submitted by Hardy
Brown Sr. requesting that Mayor Valdivia resign from his position and the City Council
deny Mayor Valdivia’s request for a legal defense fund.
Acting City Clerk Genoveva Rocha informed the Mayor that a recorded public comment
had been missed and proceeded to play the recording.
Tressy Capps, San Bernardino, stated she was in opposition of providing legal
representation for the Mayor; she spoke about possible code violations at 200 Ostrich
Way near the Taco Bell.
Councilmember Shorett acknowledged DJ’s Coffee Shop and the Ye Olde Lamplighter
restaurant for joining forces to provide free Easter meals to the community.
Mayor Valdivia addressed the Ms. Hunter’s public comment and referred her to the City
of Rancho Cucamonga’s Mayor. Mayor Valdivia also addressed Mr. Gonzalez’s
comment and stated the airport was for economic airport operations and that the City
was working on a local plan; Mayor Valdivia stated he was providing community
updates via Channel 3, emails, and via social media.
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STAFF REPORTS
1. COVID-19 – Impact on City Operations and Revenue
Recommendation
Receive an update on the impact the novel coronavirus (COVID-19) pandemic is
anticipated to have on City operations and revenue.
City Manager Teri Ledoux provided an update to the Mayor and City Council on the
impact of the novel coronavirus (COVID-19) pandemic is anticipated to have on the City
operations and revenue. She informed that the City’s website was updated frequently as
the updates came in from the County Health Department and that information was also
available by contacting the call center at 909-384-7272.
Mayor John Valdivia inquired and Finance Director Paul Espinoza explained that lost
revenue and expenditures related to COVID-19 are being tracked in hopes of getting
some reimbursement from federal or OES. He stated at the time it was unknown if the
City would receive a reimbursement covering 100% of the expenditures.
Mayor Valdivia informed that City had received a CDBG grant and an Emergency
Solutions grant totaling three million dollars and that was a result of the hard work of
staff.
Councilmember Nickel inquired and Finance Director Paul Espinoza informed that the
City had reached out to CalPERS and that the response was that there would most
likely be a rate increase; however, the rate increase, if any would not be implemented
until FY 21/22 and it is uncertain what the rate increase will be.
Councilmember Ibarra commented that with the money being received from CDBG and
ESG the City should provide housing for the homeless; she inquired and Acting Chief
McBride explained that the social distancing order from the Governor stated that he
wanted voluntary compliance and the Police Department is encouraging people to
voluntarily comply.
Mayor Valdivia requested that City Manager Teri Ledoux address the availability of PPE
supplies for staff and City manager Teri Ledoux explained that directors were provided
with access to supplies for their departments and requests could be submitted for
necessary supplies.
Councilmember Shorett inquired and City Manager Teri Ledoux informed that the
reimbursement is for direct cost related to this pandemic and not for loss of revenue.
RESULT: Receive and File
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2. Results of the Letter of Interest for the Bice Property
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider:
1. Directing the City Manager to proceed with the preparation of an Exclusive Right
to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA
Marina, LLC for the purchase and development of the Bice property; and
2. Requesting that the final draft ENA come before the Mayor and City Council for
final consideration.
Community and Economic Development Director Michael Huntley provided a
presentation to the City Council and explained how they arrived to a decision in
choosing SA Marina LLC from the proposals received.
The Mayor and City Council discussed the appraised value of the property.
Councilmember Shorett inquired and Mr. Huntley informed that there were not many
proposals were received because environmental factors needed to be taken into
consideration. He stated that the property is in a flood control channel and it is also
impacted by the kangaroo rat, and those challenges dissuade some people because
they will have to go through a long environmental process. The zoning of the property
as a low density residential development would have dissuaded commercial developers.
Councilmember Nickel inquired if it would be best to postpone the item until there was
clarity on the where the City was going with the General Plan update and Mr. Huntley
agreed that waiting was a good idea to allow for a better outcome and community
support.
Mayor Valdivia stated that the City Council has a fiduciary responsibility to emphasize
the property's value and strongly encouraged to consider the value of the property
versus the offers on the property.
RESULT: Motion to table them item and reconsider once the General
Specific Plan has been reviewed and revised. [7-0]
MOVER: Henry Nickel, Councilmember, Ward 5
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
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3. Resolution Authorizing Submittal of an Application for Permanent Local
Housing Allocation Funds
Recommendation
Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or Assistant City Manager to
submit an application for the projects utilizing Permanent Local Housing Allocation
Funds from the California Department of Housing and Community Development.
RESULT: Adopt Resolution No. 2020-60 [7-0]
MOVER: Sandra Ibarra, Councilmember, Ward 2
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
Housing Manager Gretel Noble provided a brief presentation to the Mayor and City
Council.
4. Introduction and First Reading of Ordinance MC-1535 – Pertaining to the Use
of Fireworks Within City Limits
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California introduce, read by title only, and waive further reading of Ordinance MC-
1535, amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the
San Bernardino Municipal Code, pertaining to the use of fireworks within city limits.
Acting Chief McBride provided a presentation to the Mayor and City Council.
RESULT: Introduced, read by title, and waived further reading of
Ordinance MC-1535 [7-0]
MOVER: Henry Nickel, Councilmember, Ward 5
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
5. Budget Amendment for the Offices of the Mayor and City Manager and
Ordinance Amending Chapter 2.02 of the Municipal Code
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U),
Assistant to the Mayor II (U), Senior Customer Service Representative (U) and
part-time personnel from the Office of the Mayor to the Office of the City Manager
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effective April 16, 2020.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1534, an Ordinance of the Mayor and City Council of the City of San Bernardino,
California, amending Chapter 2.02 of the San Bernardino Municipal Code
assigning responsibility to the City Manager for the administration of the Offices
of the City Council, Mayor and City Attorney.
City Manager Teri Ledoux provided a presentation to the Mayor and City Council.
MOTION BY COUNCILMEMBER FIGUEROA, SECOND BY COUNCILMEMBER
SANCHEZ, CARRIED 7-0, TO TAKE A SEPARAT E VOTE ON EACH ITEM.
MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER NICKEL, CARRIED 7-0, to Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U) and part-time personnel from the Office of the Mayor to the Office of the City Manager effective April 16, 2020.
Councilmember Nickel expressed his concerns over the cost of drafting and Ordinance
and requested that the item be approved by Minute Order.
City Manager Teri Ledoux explained that the Ordinance would make the action
official, and it was the recommendation that she and legal Staff were recommending.
City Attorney Sonia Carvalho explained that the cost of drafting the Ordinance is
included in the legal retainer.
Councilmembers Ibarra and Figueroa expressed their concerns regarding assigning
the responsibility to the City Manager for the administration of the City Council Office,
given the amount of Staff she was currently overseeing.
Councilmember Shorett stated he agreed with Councilmember Nickel that an
Ordinance was not required to make the change.
Councilmember Richard stated she agreed with Councilmember Shorett and Nickel
as to not requiring an Ordinance; however, she was supporting Councilmember
Sanchez and Ibarra and voting no to transferring authority to the City Manager for the
administration of the City Council Office.
MOTION BY COUNCILMEMBER SANCHEZ, TO EXCLUDE THE COUNCIL STAFF BUT CONTINUE TO INCLUDE THE CITY ATTORNEY AND MAYOR’S STAFF.
Councilmember Nickel introduced a secondary motion:
After Councilmember Nickel’s motion was seconded by Councilmember Shorett,
Councilmember Ibarra stated she would second Councilmember Sanchez’s motion.
The Mayor did not recognize Councilmember Sanchez’s motion.
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MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER
SHORETT, CARRIED 4-3 (OPPOSED BY COUNCILMEMBERS, IBARRA,
FIGUEROA, RICHARD) TO APPROVE BY MINUTE ORDER APPOINT THE CITY
MANAGER OVERSEEING SUPERVISORY RESPONSIBILITY FOR THE CITY
COUNCIL AND CITY ATTORNEY STAFF AND THAT SHE WILL CONTINUE IN
THAT CAPACITY UNTIL SUCH TIME.
Discussion on Item No. 6 ensued, and at the time, Councilmember Sanchez informed
that he would like to change his vote on Item No. 5 and open the item for discussion.
MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER
IBARRA, CARRIED 4-2 (OPPOSED BY COUNCILMEMBERS SHORETT
ANDRICHARD) TO RECONSIDER OF THE VOTE ON ITEM NO. 5.
RESULT: ADOPTED [4-3] Approve by Minute Order to appoint the City
Manager as overseeing supervisory responsibility for the Mayor,
City Council, and City Attorney Staff and that she will continue in
that capacity until such time.
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Shorett, Nickel, and Mulvihill
NAYS: Ibarra, Figueroa, and Richard
ABSTAIN: None
6. Approval of Request for Legal Representation
Recommendation
Review and consider request for legal representation for Mayor John Valdivia
pursuant to Government Code Section 995 and select attorney for requested
representation.
Mayor John Valdivia recused himself from the discussion on Item No. 6
MOTION BY COUNCILMEMBER IBARRA, SECOND BY COUNCILMEMBER
SANCHEZ, to deny legal representation
City Attorney Sonia Carvalho provided a presentation to the City Council.
Councilmember Shorett stated that the City did have a legal obligation to approve legal
representation for the Mayor; however, it was unnecessary to hire a special
representation or a separate attorney.
Councilmember Shorett introduced a secondary motion:
MOTION BY COUNCILMEMBER SHORETT, to not hire any of legal representation
listed in the Staff report, that the Mayor be represented by City Attorney Staff.
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City Attorney Sonia Carvalho explained that the City’s duty to defend an employee or
elected official is not always absolute, there a nuisances to that. CM Ibarra referenced
section 815.3. What the section actually says is not withstanding any other provision a
public entity is not liable to a plaintiff or have a duty to represent, she emphasized it said
notwithstanding unless the elected official and the public entity are named as co-
defendants in the same action. She clarified that the Claim filed against the City is a
claim against the City and Mr. Valdivia. Section 815.3 would only apply when someone
is only suing an individual councilmember and does not bring the City into it as well.
She informed that Councilmember Shorett was correct that the City does have a duty to
represent unless the conditions she referenced were present. Whether the individual
receives their own legal counsel is up to the discretion of the City Council.
She stated they had discussed the legal issues and liabilities in Closed Session but a
contractual issue could not be discussed in Closed Session and it had to come before
the public in open session in a transparent manner.
Councilmember Shorett reiterated that he was not in support of hiring a special attorney
to represent Mayor Valdivia individually and that the City Attorney should be left to
defend the case and until something further happens that is the direction the City should
go.
City Attorney Sonia Carvalho explained that the City of San Bernardino has already
engaged seepage legal counsel, the law firm of Liebert Cassidy & Whitmore to
represent the City in this matter with respect to the investigations and the City’s general
defense. They are used as special counsel and she clarified that she personally for Best
Best and Krieger would not represent the Mayor nor an individual Councilmember that
was named personally under these conditions it is perceive as a conflict of interest.
Councilmember Nickel motion to table the item.
MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER
SHORETT, MOTION FAILED 3-4 (COUNCILEMEMBERS IBARRA, FIGUEROA,
RICHARD, AND MULVIHILL OPPOSED), to table Item No. 6 .
Councilmember Ibarra referenced GC 995 and stated she would be voting no on this
item.
Figueroa inquired and City Attorney Sonia Carvalho explained that BB&K made it clear
from the day the claims were brought forward that they would not be involved in
handling them or handling the investigation but in this case this item was initiated by a
written request from the Mayor.
Councilmember Figueroa motioned to consider choosing legal representation with the
lowest rate.
Councilmember Mulvihill stated he wanted to reconsider his vote on the last motion
made.
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Councilmember Nickel introduced a motion to table the item rather than reconsider the
prior action taken.
RESULT: MOTION TO TABLE THE ITEM (4-3)
MOVER: Henry Nickel, Councilmember, Ward 5
SECONDER: Fred Shorett, Councilmember, Ward 4
AYES: Sanchez, Shorett, Nickel, and Mulvihill
NOES: Ibarra, Figueroa, and Richard
PUBLIC HEARINGS
7. Draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to
Fair Housing and Draft FY 2020-2021 Annual Action Plan Associated with the
Community Development Block Grant, HOME Investment Partnerships and
Emergency Solutions Grant Programs
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing on the draft Fiscal Year 2020-2025 Consolidated
Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020-
2021 Annual Action Plan associated with the Community Development Block
Grant, HOME Investment Partnerships and Emergency Solutions Grant
Programs; and
2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of
Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action
Plan as an application for funding under Community Development Block
Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and
3. Authorize the City Manager or designee to take any further actions and
execute any further documents as are necessary to effectuate the submittal of
the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year
2020-21 Annual Action Plan and necessary certifications to the United States
Department of Housing and Urban Development; and
4. Direct the Finance Director to amend the budget for Emergency Solutions
Grant (ESG) unspent dollars.
Housing Manager Gretel Noble provided a presentation to the Mayor and City Council.
MOTION BY COUNCILMEMBER SHORETT, SECONDED BY COUNCILMEMBER
RICHARD, to approve Staff’s recommendation.
Councilmember Sanchez opened the Public Hearing at 10:30 p.m.
Acting City Clerk Genoveva Rocha announced there were no requests to speak on this
item.
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Councilmember Sanchez closed the Public Hearing at 10:33 p.m.
RESULT: Approve Staff’s recommendations as outlined [7-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion, unless a council or staff member has pulled the item for more discussion.
City Manager Teri Ledoux explained that there had been changes to Item No. 15 and
that the changes had been provided via email.
The City Council confirmed that the changes had been received.
Councilmember Nickel stated he would be abstaining from Item No. 10.
Councilmember Ibarra requested clarification Item No. 19 regarding the account
balance for the Animal Shelter Repair Fund.
RESULT: Approve the Consent Calendar with Item No. 19 being pulled for
discussion and Item No. 10 reflecting Councilmember Nickel
abstaining from the item [7-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
8. Approval of Commercial Checks and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for March and April 2020.
9. City Council Approval of Draft Minutes for the Regular Meeting of March 4,
2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meeting of March
4, 2020.
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10. Adopt Resolution Reciting the Fact of the Primary Municipal Election Held on
March 3, 2020
Recommendation
Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San
Bernardino, California, reciting the fact of the Primary Municipal Election
consolidated with the Presidential Primary Election held on March 3, 2020 declaring
the result and such other matters as provided by law.
RESULT: Adopt Resolution No. 2020-62 [5-1-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, and Mulvihill
ABSTAIN: Nickel
NOES: None
11. Resolution Confirming City Manager's Executive Order No. 2020-03
Recommendation
Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San
Bernardino, California, confirming the City Manager's Executive Order No. 2020-03
pursuant to Municipal Code 2.46.090 extending the stay on the City’s compliance
with any deadlines established by the City until May 4, 2020.
12. Resolution Authorizing the City Manager to Complete and Obtain Necessary
Signatures to Complete Cal OES Form 130 for Purposes of Obtaining
Emergency Funding
Recommendation
Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain
necessary signatures to complete Cal OES form 130 for purposes of obtaining
emergency funding.
13. Adopt a Resolution Authorizing the Execution of an Agreement with SB
County for CAL-ID
Recommendation
Adopt Resolution No. 2020-73 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of an agreement with the County of
San Bernardino for the implementation and operation of all Biometric Identification
Systems and DNA Services (San Bernardino CAL-ID).
14. Professional Services Agreement with PlaceWorks for the Foisy Project
Recommendation
Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agreement with
PlaceWorks to provide third-party CEQA review services for the Foisy Project;
authorizing the City Manager or designee to sign and execute the agreement; and
authorizing the Finance Director to amend the FY 2019/20 adopted budget
accordingly.
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15. Norton Science and Language Academy Project – Ground Lease Agreement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-70, authorizing the City Manager to execute a
lease agreement for the development, establishment, and operation of the Norton
Science and Language Academy at 230 South Waterman Avenue.
16. Adopt a Resolution Declaring Intention to Conduct a Public Hearing to Order
the Vacation of Portions of Artesia Street
Recommendation
Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order
the vacation of portions of Artesia Street located south of Rialto Avenue and the
reservations of utilities therein.
17. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation
of a Portion of Home Avenue, "I" Street, and Montgomery Street
Recommendation
Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order
the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the
reservation of utilities therein.
18. SB1 2020/2021 Road Maintenance Program
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Road Maintenance and Rehabilitation proposed project list for
submittal to the California Transportation Commission; and
2. Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21
to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
19. Animal Shelter Mold Abatement Project Change Order
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-68 authorizing the City Manager to execute
Contract Change Order (CCO) #1 to Project No. 1332 with Noble E&C, Inc. in the
amount of $27,998, for a full contract not-to-exceed amount of $101,998; and
authorizing the Director of Finance to record a budget adjustment in Animal Shelter
Improvement Fund 124 and update the project purchase order to reflect the full,
approved project cost.
Councilmember Ibarra requested clarification on the account balance for the Animal
Shelter Repair fund.
Finance Director Paul Espinoza informed that the amount of $68,000 was the amount
available for in the project fund.
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RESULT: Adopt Resolution No. 2020-68 and Staff’s recommendation as
outlined [7-0]
MOVER: Sandra Ibarra, Councilmember, Ward 2
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
ITEMS TO BE REFERRED TO COMMITTEE
Councilmember Nickel asked when the City Council could anticipate the item on
cannabis coming back for discussion.
City Attorney Sonia Carvalho requested that this item be put on the Closed Session for
the May 6, 2020, meeting to discuss new developments.
Councilmember Mulvihill inquired the names of the individuals were suing the City and
City Attorney Sonia Carvalho informed that the City had received three tort claims two of
which involved the women mentioned in the media and that a third claim had been
received.
Councilmember Mulviill stated he had reviewed Mayor John Valdivia’s 460 Forms and
pointed out payments to two of the claimants from his own finances and that the actions
were possibly not committed during City time.
Councilmember Sanchez stated that he felt they could be in potential violation of the
Brown Act if this discussion continued.
City Attorney Sonia Carvalho clarified that this section of the agenda was to refer items
to committees or request the City Manager to bring agenda items before the Council
and the information provided by CM Mulvihill should be discussed with the City Manager
and Human Resources Director, and provided to the special counsel to investigate and
look into.
Councilmember Ibarra requested a report of the balance remaining in the Animal
Shelter repair fund and a report to discuss the banning or fireworks citywide; she also
requested that staff bring back a strategic action homeless plan to address
homelessness in the City.
City manager Teri Ledoux stated that staff could bring back a report outlining what the
City is already doing in regards to homelessness.
City Manager Teri Ledoux requested a vote on the banning of fireworks.
City Clerk asked for clarification if there was second to Councilmember Ibarra’s motion
to bring a staff report to discuss the banning of fireworks citywide.
There was no second on the item and the motion failed due to a lack of a second.
12.a
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Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 16 Printed 5/25/2020
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on conferences/meetings attended from the Mayor or City
Council.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:45 p.m. on
Wednesday, April 15, 2020.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, April 29, 2020 in the Council Chamber located via web conference.
Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
By:
Genoveva Rocha, CMC
Acting City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Sister Cities International Membership Dues
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize the
Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget by appropriating
$1,030 from the Cultural Development Fund for the Sister City International Membership
dues.
Background
San Bernardino’s Sister City program began in 1959. At its height, it had up to eleven
Sister City relationships, including friendships with New Zealand, Goyang City,
Gyeonggi, Nigeria, and Tachikawa, Japan. Due to the progra m's reliance on community
volunteers, many of these programs expired as volunteers aged and/or moved from the
City. The only current friendship that still exists is the Tachikawa Sister City. The City
consistently partners with the organization by hosting the student ambassadors and
paying the annual Sister City International membership dues.
Through the efforts of our local dedicated committee this past year’s accomplishments
include:
The 2020 student ambassadors are continuing with weekly Japanese lessons
and preparing for possible travel next year to represent our city. Although they
could not travel this summer, they are still proud to be part of our committee.
The committee is utilizing a CSUSB graduate, who along with one of our 2019
student ambassadors is teaching the Japanese lessons to our 2020
ambassadors. These two individuals are volunteers.
One of our 2019 student ambassadors was asked to serve as a panelist at the
Sister Cities International annual conference held via zoom on July 9 , 2020. He
was the youngest panelist to take part in this global conference.
Two of our 2019 ambassadors have chosen to attend CSUSB so they can give
back to their community and our program. One of these two young individuals
was also awarded the Presidential Academic Excellence Scholars Award for
being in the top 1% of his graduating class and a positive representative of San
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Bernardino.
One of our 2019 students is presently working with SOCAL, the Southern
California chapter of Sister Cities International to put together an online youth
leadership summit to take place on February 6, 2021.
Additional benefits of the Sister City program include: positive international relations,
rewarding exchanges, and access to diverse opportunities and unique solu tions. The
program also provides the City access to foreign investors and businesses that may find
interest in convening business investments in the City of San Bernardino.
Discussion
Traditionally, the Sister City International Membership has been budgeted through the
Mayor’s Office. Due budget cuts this fiscal year, funding for Sister Cites membership
dues is not available in the Mayor’s Office budget. As such, Mayor Valdivia has
requested that this item be funded. The City Manager’s Office has iden tified the
Cultural Development Fund as the best option to fund this expense.
2020-2025 Key Strategic Targets and Goals
The request for payment of the international dues allows the City to continue to
participate in the program and potentially attract for eign investors and businesses to the
City, which aligns with Key Target No. 2: Focused, Aligned Leadership and Unified
Community.
Fiscal Impact
The financial impact to appropriate funding for the Sister City International Membership
dues in FY 2020/21 is $1,030. It is recommended that funding for this request be
appropriated from the Cultural Development Fund 247.
Conclusion
That the Mayor and City Council of the City of San Bernardino, California, authorize the
Director of Finance to amend the Adopted F iscal Year 2020/21 Budget by appropriating
$1,030 from the Cultural Development Fund for the Sister City International Membership
dues.
Attachments
Attachment 1 Sister Cities International Membership Dues invoice
Attachment 2 Sister Cities Program Policy
Attachment 3 Sister City 40th Anniversary
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for August 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, and are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for August 20, 2020 $2,168,372.85
Total Payroll Demands: $2,168,372.85
The following check registers are being presented for approval:
August 13, 2020 2020/21 (Register #7)$704,208.80
August 20, 2020 2020/21 (Register #8)1,309,964.64
August 27, 2020 2020/21 (Register #9)590,252.16
Total commercial check demands:$2,604,425.60
The following Electronic Funds Transfer (EFT) registers presented for approval:
August 11 to August 12, 2020 2020/21 (Register #960-#963)$6,913,897.09
July 24 to August 14, 2020 2020/21 (Register #964-#966)1,209,826.01
Total commercial EFT demands:$8,123,723.10
2020-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
for spending decisions.
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Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgeta ry impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for August 2020.
Attachments
Attachment 1 Payroll checks for August 2020
Attachment 2 Commercial checks for Registers #7
Attachment 3 Commercial checks for Registers #8
Attachment 4 Commercial checks for Registers #9
Attachment 5 Commercial EFT Registers #960-963
Attachment 6 Commercial EFT Registers #964-966
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Adopt a Resolution Affirming that Racism is a Public Health
Crisis
Recommendation
Adopt Resolution No. 2020-232 of the Mayor and City Council of the City of San
Bernardino, California, affirming that racism is a public health crisis.
Background
At the request of Council Member Richard, and with concurrence from a majority of the
members of the City Council, a Resolution has been prepared declaring racism as a
public health crisis and calling the City to action, supporting community efforts to amplify
issues of racism and studying and evaluating existing City policies and practices
through a lens of racial equity to promote and support policies that prioritize racial
equality.
Discussion
The recommended Resolution states that the City will actively participate in the
dismantling of racism by working with community partners to identify programs, policies,
and collaborations to address the effects, impact, and prevention of racism.
Furthermore, the City will collaborate with law and justice agencies and the community
to ensure public safety is administrated equitably and support community efforts to
amplify issues of racism and actively engage with communities of color within the City.
2020-2025 Key Strategic Targets and Goals
The declaration of racism as public health crisis aligns with Key Target No. 2a: Develop
and Implement a Community Engagement Plan and Key Target No. 2b: Build a Culture
that Attracts, Retains, and Motivates the Highest Quality Talent .
Fiscal Impact
There is no financial impact associated with the adoption of a Resolution declaring
racism as a public health crisis.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-232, affirming that racism is a public health crisis.
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Attachments
Attachment 1 Resolution No. 2020-232
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RESOLUTION NO. 2020-232
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AFFIRMING THAT RACISM IS A PUBLIC HEALTH
CRISIS
WHEREAS, racism results in the structuring of opportunity and assigning of value based
solely on skin color and other physical characteristics, which creates disadvantages to some
individuals and communities and advantages to other individuals and communities, thereby
preventing societies as a whole from achieving their full potential; and
WHEREAS, the World Health Organization defines public health as the art and science
of preventing disease, prolonging life and promoting health through organized efforts; and
WHEREAS, the United States Office of Disease Prevention recognizes that
discrimination negatively impacts health outcomes; and
WHEREAS, systemic racism throughout the public and private sectors of society creates
disparate outcomes in many areas of life that results in disparities in family stability, healthcare,
physical and behavioral health, mental wellness, education, employment, economic
development, public safety, criminal justice, incarceration, juvenile delinquency, and housing
that disproportionately affects Black Americans and people of color; and
WHEREAS, helping people process the trauma of past injustice and create new
narratives based upon equity, fairness, and equal justice can have healing effects, both mentally
and physically; and
WHEREAS, the City of San Bernardino and the Mayor and City Council recognize that
according to the United States Census, 13.8 percent of residents of the City of San Bernardino
identify as Black or African American, alone; 64.8 percent of the population identify as Hispanic
or Latino; 4.3 percent identify as Asian, alone.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council affirm that racism is a public health crisis
that results in disparities in family stability, health and mental wellness, education, employment,
economic development, public safety, criminal justice, and housing.
SECTION 2. Based upon this affirmation, the Mayor and City Council will actively
participate in the dismantling of racism by:
Working with community partners to identify programs, policies and
collaborations to address the effects, impacts, and prevention of racism; and
15.a
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Resolution No. 2020-232
Collaborate with law and justice agencies and the community to ensure public
confidence that public safety is administrated equitably by ensuring that
meaningful discussions are conducted to identify mechanisms for researching and
addressing public concerns related to law enforcement performance within the
City; and
Building and strengthening alliances with other organizations that are confronting
racism, and encouraging other agencies to reconginize racism as a crisis; and
Supporting community efforts to amplify issues of racism and engaging actively
and authentically with communities of color throughout our City; and
Studying and evaluating existing City policies and practices through a lens of
racial equity to promote and support policies that prioritize racial equality.
SECTION 3. 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 4. 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 __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2020-232
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Jim Tickemyer, Parks, Recreation, & Community Services
Director
Subject: Senior Nutrition Program Grant Award FY 2020/21
Recommendation
Adopt Resolution No. 2020-225 of the Mayor and City Council of the City of San
Bernardino, California to:
1. Ratify the Grant Budget submittal and accept the Grant Award of $379,581; and
2. Authorize the Director of Finance or designee to amend the FY 2020/21 adopted
budget to reflect grant revenue and expenditures accordingly; and
3. Approve certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2020 through June 30, 2021.
Background
The City of San Bernardino provides a senior nutrition program for seniors in the City,
60 years of age and older, providing lunch and dinner meals on a daily weekday basis.
During FY 2019/20, the Senior Nutrition program has served over 44,395 meals for a
daily average of approximately 254 individual clients served at six (6) nutrition sites
including the 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community
Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland
Senior Center. From July 1, 2019 through March 13, 2020 the City served the meals as
a dine-in service.
On Sunday, March 15, 2020, California Governor Gavin Newsom urged seniors and
people with chronic health conditions to isolate themselves at home in a bid to contain
the spread of the Coronavirus pandemic. Furthermore, the Governor’s Executive Order
was issued March 19, 2020 to “Shelter in Place”. City of San Bernardino City Manager,
Teri Ledoux, issued Proclamation No. 2020 -01 on March 13, 2020 and it was ratified by
the Mayor and City Council on March 18, 2020, which empowered the City Manager to
proclaim a local emergency as a result of COVID-19. Further, a directive was issued for
non-essential employees to Work-From-Home/Shelter-In-Place, with modified,
staggered in-office work schedules for all full-time Department employees; Senior
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Nutrition Program employees, primarily part-time, were scheduled as an essential
service.
The City of San Bernardino prides itself on serving hot, nutritious meals on a daily basis,
Mon-Fri at six locations to 200+ senior-age meal recipients. As of Monday, March 16,
2020 the Senior Nutrition Program served meals to seniors on a pick -up-and-go basis.
Meals were cooked and immediately placed into foam containers. The food is prepared
at the Main Kitchen, 5th Street Senior Center, and delivered to the five other sites in hot
and cold containers. These sites are: New Hope Family Center, Highland Senior
Center, Perris Hill Senior Center, Hernandez Community Center and Lytle Creek
Community Center.
In FY 2019/20 the Mayor and City Council approved Resolution No. 2019 -163, ratifying
the application; accepting the grant award for the three -year grant cycle of July 1, 2019
through June 30, 2022; appropriating grant revenue expenditures; and issuing purchase
orders to Sysco Foods, American Meat Companies dba Merit Day, Hollandia Dairy, Inc.,
and Consulting Health for Nutrition Services.
Discussion
The Senior Nutrition Program is supported by funding received from the County of San
Bernardino Department of Aging and Adult Services (DAAS). On July 14, 2020, the City
was awarded funding for year two (2) of a three (3) year grant -cycle for the period of
July 1, 2020 through June 30, 2021, in the amount of $379,581. The FY 2020/21
requested budget amount is $379,581 with the program expecting to serve 48,500 total
meals at the six (6) nutrition sites.
The grant requires at least a match of 11.11%, or a minimum of $42 ,171 from the
General Fund FY 2020/21 adopted budget. The FY 2020/21 adopted budget anticipated
a County Senior Nutrition Grant award of $387,214. In July, staff confirmed the actual
grant amount to be $379,581.
In FY 2019/20, the Purchasing Division of the Finance Department issued an RFQ for
Food Supplies and Consumable Products. Of the bidders that responded, it was
determined that Sysco Foods, American Meat Companies dba Merit Day, and Hollandia
Dairy, Inc. were the best bidders. Staff is seeking City Council approval for Year Two of
a Three-year option to renew the FY 2020/21 issuance of purchase orders as follows:
Sysco Foods: $ 127,116
American Meat Companies: $ 33,000
Hollandia Dairy: $ 20,000
Consulting Health and Nutrition Services: $ 16,000
In conformance with the provisions of the grant, the proposed action is to accept the
Grant Award for Year Two (2) of a Three (3) Year Grant Cycle for the term of July 1,
2020 through June 30, 2021; issue annual purchase orders for the food vendors for the
term of July 1, 2020 through June 30, 2021, issue the annual purchase order for the
nutrition consulting services, and approve the City cash and in -kind contribution of
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$198,797. These proposed actions will allow the Senior Nutritio n Program to continue to
deliver nutritional services to the City’s senior population.
2020-2025 Key Strategic Targets and Goals
This proposal aligns with Key Target No. 1: Financial Stability by securing a long-term
revenue source and creating a framework for spending decisions, Key Target No. 2:
Focused, Aligned Leadership and Unified Community by developing and implementing
a community engagement plan, and Key Target No. 3: Improved Quality of Life by
providing low cost nutritious meals for the senior aged population.
Fiscal Impact
The amount of grant funding currently available to the City from the County for FY
2020/21 is $ 379,581. Acceptance of the grant would entail an amendment to the FY
2020/21 adopted budget by decreasing revenue and expendit ures in Account No. 123-
380-0513 consistent with the attached County of San Bernardino Department of Aging
and Adult Services FY 2020/21 Program Budget Detail Sheet.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardi no,
California, adopt Resolution No. 2020-225:
1. Ratifying the Grant Budget submittal and accept the Grant Award of $379,581;
and
2. Authorizing the Director of Finance or designee to amend the FY 2020/21
adopted budget to reflect grant revenue and expenditures accordingly; and
3. Approving certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2020 through June 30, 2021.
Attachments
Attachment 1 Resolution 2020-225; Exhibit “A” - County Contract No. 19-372
Attachment 2 Year Two of a Three-Year Grant Cycle Award Budget from the
County of San Bernardino, Department of Aging and Adult Services
Attachment 3 FY2020/21 Program Budget Detail Sheet
Ward: All
Synopsis of Previous Council Actions:
May 5, 2020 Mayor and City Council ratified the submittal of Amendment No.
One (1) Budget of the Senior Nutrition Program Grant to the County
of San Bernardino, Department of Aging and Adult Services
(DAAS).
August 7, 2019 Mayor and City Council adopted Resolution 2019-163, approving
Year One of a Three-Year Grant Allocation with the County of San
Bernardino, Department of Aging and Adult Services (DAAS) for
the Senior Nutrition Program.
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August 1, 2018 Mayor and City Council adopted Resolution No. 2018-220
approving Year Three of a Three-year Grant Allocation with the
County of San Bernardino, Department of Aging and Adult Services
(DAAS) for the Senior Nutrition Program.
August 16, 2017 Mayor and City Council adopted Resolution No. 2017-151,
approving Year Two of a Three-year Grant Allocation with the
County of San Bernardino Department of Aging and Adult Services
(DAAS) for the Senior Nutrition Program.
July 21, 2016 Mayor and City Council adopted Resolution No. 2016-154
approving the execution of County Contract No. 16-389 with the
County of San Bernardino, Department of Aging and Adult Services
(DAAS) for the proposed grant award for the Senior Nutrition
Program.
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RESOLUTION NO. 2020-225
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING THE GRANT BUDGET SUBMITTAL,
ACCEPTING THE GRANT AWARD OF $379,581,
AUTHORIZING THE DIRECTOR OF FINANCE OR
DESIGNEE TO AMEND THE FY 2020/21 ADOPTED
BUDGET TO REFLECT GRANT REVENUE AND
EXPENDITURES, AND THE APPROVAL OF CERTAIN
RELATED PURCHASE ORDERS FOR THE CONTINUED
OPERATION OF THE SENIOR NUTRITION PROGRAM
FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30,
2021
WHEREAS, on August 7, 2019, the Mayor and City Council adopted Resolution No.
2019-265, approving the execution of County Contract No. 19-372, for the three (3) year grant
cycle in the amount of $1,020,000 for the contract term of July 1, 2019 through June 30, 2022;
and
WHEREAS, on July 14, 2020, the County of San Bernardino, Department of Aging and
Adult Services (DAAS) approved a Year Two Budget of a Three-Year Grant Cycle in the
amount of $379,581 for the Senior Nutrition Program for the period of July 1, 2020 through June
30, 2021; and,
WHEREAS, on April 24, 2019, the Purchasing Division of the Finance Department
issued RFQ No. F-19-47 for Food Supplies and Consumable Products, and it was determined
that Sysco Foods, American Meat Companies dba Merit Day, and Hollandia Dairy, Inc. were
determined to be the best bidders; and
WHEREAS, the Parks, Recreation and Community Services Department determined that
it was advantageous to the City to use the option to renew Year Two of a Three-Year purchase
order cycle to continue to purchase Food Supplies and Consumable Products from Sysco Foods,
American Meat Companies dba Merit Day and Hollandia Dairy, Inc. and Consulting Health for
Nutrition Services for the period of July 1, 2020 through June 30, 2021.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereb y ratify a
Year Two (2) Budget of a Three-Year Grant Cycle with the County of San Bernardino,
Department of Aging and Adult Services for a grant to operate the Senior Nutrition Program.
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Resolution No. 2020-225
SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept
the grant award of $379,581 for the year two contract term of July 1, 2020 through June 30,
2021, and authorize the Director of Finance or Designee, to amend the FY 2020/21 Budget to
reflect that amount for the continued operation of the Senior Nutrition Program pursuant to the
FY 2020/21 Program Budget Detail Sheet, to issue annual purchase orders to Sysco Foods,
American Meat Companies dba Merit Day, and Hollandia Dairy, Inc. for food services and
consumable supplies; and to issue an annual nutrition services purchase order to Consulting
Health and Nutrition Services for FY 2020/21 for the second (2nd) year of a three (3) year Grant
Allocation Agreement.
SECTION 4. The appropriation of the grant award and matching funds, together totaling
$578,378 are for the operation of the Senior Nutrition Program from July 1, 2020 through June
30, 2021.
SECTION 5. The Director of Finance, or designee, is directed to adjust the existing
budget appropriations amongst the Parks, Recreation and Community Services accounts to
accurately reflect the grant budget and grant match budget consistent with the adopted staff
report.
SECTION 6. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2020-225
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Co-Operative Agreement with County of San Bernardino for
Arrowhead Farm Area Street Rehabilitation
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-227 to approve the Cooperative Funding
Agreement with the County of San Bernardino for the Arrowhead Farm Area Street
Rehabilitation ("Project"); and amend the FY 2020/21 Capital Improvement Program to
include the Project and establish Project budgets in the amount of $490,000 in Measure
I Fund 129.
Background
The County of San Bernardino (County) and the City of San Bernardino (City) share
jurisdiction of several streets located on the City/County borders. The County is
currently in design to perform street rehabilitation in the Arrowhead F arm area, which
includes the rehabilitation of a portion of 40th Street on a segment where there is shared
jurisdiction between the County and the City. The jurisdictional limit runs through the
center of 40th Street with the northerly portion of the street in the County and the
southerly portion of the street in the City. As a result, road resurfacing and maintenance
is normally handled separately by the respective agency.
In an effort to address the resurfacing of this full width of roadway through the County
project, a Cooperative Agreement with the County has been developed establishing the
project cost sharing and identifying the County as the lead agency on the project.
Discussion
The County has a planned project to resurface the following street s egments in the
Arrowhead Farm area:
No. Street Segment
1 40th Street between Johnson Ave and 3rd Avenue
2 41st Street between F Street and 4th Avenue
3 48th Street between E Street and Magnolia Avenue
4 3rd Avenue between 40th Street and Hill Drive
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5 Mountain Drive between Kendall Drive and Hill Drive
6 Cypress Drive between 48th Street and Hill Drive
40th Street between Johnson Avenue and 3rd Avenue (Segment No. 1) is a segment of
roadway falling partially under City and partially under County ju risdiction. The County
recently contacted the City to determine the City’s interest in addressing the City’s
portion of 40th Street through the County project. The City’s participation in this project
ensures that the full width of this segment of 40th Street will be resurfaced.
The County has estimated the total project costs, and the resulting agency cost
contributions, as follows:
Description Amount County Share City Share
Construction And
Contingencies
$2,860,000 $2,461,000 $399,000
All Other Costs including
Preliminary Engineering,
Design, Environmental
Clearance, Construction
Engineering, etc.
$650,000 $559,000 $91,000
TOTAL $3,510,000 $3,020,000 $490,000
Based on these estimates, the City’s total share of project contributions is $490,00 0.
Staff has coordinated with the County to develop the attached Cooperative Funding
Agreement delineating the roles, responsibilities, and project funding contributions of
both agencies. The project is currently in design and scheduled to begin construc tion in
FY 2021/22.
Conducting cooperative projects on streets of shared jurisdiction is more efficient and
cost effective as compared to separate projects issued by each jurisdiction. Partnering
on roadway maintenance projects in areas of shared jurisdi ction benefits the community
by reducing inconveniences to the traveling public, shortening the duration of road
closure impacts to adjacent businesses and residents, and creating savings through the
consolidated planning, design, and mobilization of contractors for the projects.
Additionally, allowing the County to facilitate the project reduces the City staff time
required to develop a separate project for this work.
2020-2025 Key Strategic Targets and Goals
This project aligns with Key Targets No. 1.c Create a framework for spending decisions
and 1e: Create an asset management plan. Conducting cooperative projects on streets
of shared jurisdiction is more efficient and cost effective than performing individual
projects on shared roadways. This project will also positively contribute to the pavement
asset management plan by improving and preserving this section of roadway.
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Fiscal Impact
There is no General Fund Impact. This project is an eligible expenditure for use of
Measure I funding. Sufficient funding is available in remaining FY 2020/21 Measure I
Fund No. 129 fund balance to support the City’s share of the Project cost in the amount
of $490,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-227 approving the Cooperative Funding
Agreement with the County of San Bernardino for the Arrowhead Farm Area Street
Rehabilitation ("Project"); and amending the FY 2020/21 Capital Improvement Program
to include the Project and establish Project budgets in the amount of $490,000 in
Measure I Fund 129.
Attachments
Attachment 1 Resolution 2020-227; Exhibit “A” - Cooperative Funding Agreement
with the County of San Bernardino
Attachment 2 Cost Summary
Attachment 3 Project Location Map
Attachment 4 CIP Detail Sheet
Ward: 4
Synopsis of Previous Council Actions:
None
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RESOLUTION NO. 2020-227
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE COOPERATIVE FUNDING
AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FOR THE ARROWHEAD FARM AREA
STREET REHABILITATION (”PROJECT”) AND
AMENDING THE FY 2020/21 CAPITAL IMPROVEMENT
PROGRAM TO INCLUDE THE PROJECT AND
ESTABLISH PROJECT BUDGETS IN THE AMOUNT OF
$490,000 IN MEASURE “I” FUND NO. 129
WHEREAS, the County of San Bernardino (County) and the City of San Bernardino
(City) share jurisdiction of several streets located on the City/County borders; and
WHEREAS, the Arrowhead Farm Area Street Rehabilitation Project (“Project”) is a
planned County project to resurface several street segments, including 40th Street between
Johnson Ave and 3rd Avenue; and
WHEREAS, there is shared jurisdiction between the County and the City on this
segment of 40th Street; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction; and
WHEREAS, the City desires to partner with the County to include the rehabilitation of
the City’s portion of 40th Street through the Project; and
WHEREAS, the City and County desire to enter into a Cooperative Funding Agreement
to delineate the roles, responsibilities, and contributions of both agencies related to the Project;
and
WHEREAS, the City’s share of Project funding contribution is estimated to be $490,000
for the resurfacing of 40th Street within the City jurisdictional areas; and
WHEREAS, the City wishes to amend the FY 2020/21 Capital Improvement Plan to
include the Project and establish funding through Measure I Fund No. 129 to support the Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.The City Manager or her designee is hereby authorized to execute on behalf
of the City a Cooperative Agreement with the County of San Bernardino for Arrowhead Farm
17.a
Packet Pg. 446 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.01.Reso.Attachment 1 (6892 : Co-Operative Agreement with County
Resolution No. 2020-227
Area Street Rehabilitation Project in accordance with Exhibit A, attached hereto and
incorporated herein.
SECTION 3. The Director of Finance is hereby authorized to record an amendment to
the FY 2020/21 Capital Improvement Program (CIP), adding Arrowhead Farm Area Street
Rehabilitation Project and establishing budget in the amount of $490,000 in Measure I Fund No.
129.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule tha t CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
17.a
Packet Pg. 447 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.01.Reso.Attachment 1 (6892 : Co-Operative Agreement with County
Resolution No. 2020-227
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
17.a
Packet Pg. 448 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.01.Reso.Attachment 1 (6892 : Co-Operative Agreement with County
Revised 7/15/19 Page 1 of 8
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Public Works
Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E.
Engineering Manager
Telephone Number (909) 387-8166
Project Agreement to Resurface 40th
Street & Other Roads
Contractor City of San Bernardino
Contractor Representative Alex Qishta, P.E.
Telephone Number (909) 384-5019
Contract Term September 14, 2020 - December
21, 2025
Original Contract Amount $490,000
Amendment Amount N/A
Total Contract Amount 490,000
Cost Center 6650002000 H14922 H14924
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or
completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plan s, specifications, and
addenda, if any.)
WHEREAS, the County of San Bernardino (COUNTY) has a project to resurface various roads through
application of an overlay in the unincorporated area of San Bernardino. As part of this project, the COUNTY
and City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and
collectively referred to herein as “Parties”) desire to cooperate and jointly participate to upgrade existing
facilities by resurfacing 40th Street, with which the CITY and COUNTY share jurisdiction, and constructing new
Americans with Disabilities Act (ADA) compliant ramps at the intersection of Hill Drive and 4th Avenue. The
COUNTY has determined the CITY owns approximately twenty-five (25) sewer manholes (hereinafter referred
to as “manholes”) located within the project area that require height adjustment to the level of the pavement
resulting from the project as well as six ADA ramps which will be improved within the jurisdiction of the CITY,
see Exhibit “B” for list of proposed roads (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is located in the unincorporated area of the COUNTY and the incorporated
area of the CITY; and
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize the CITY to
contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative
body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its
streets and roads; and
Contract Number
SAP Number
17.b
Packet Pg. 449 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 2 of 8
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient
maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and
WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY
Discretionary General Funds and Senate Bill 1 Road Maintenance and Rehabilitation Account funds and
CITY’s share of PROJECT costs will be financed through its local funds; and
WHEREAS, the total PROJECT cost is estimated to be $3,510,000; and
WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $3,020,000 and the CITY’s share of
PROJECT cost is estimated at $490,000, as more particularly set forth in Exhibit “A”, which is attached hereto
and incorporated herein by this reference; and
WHEREAS, the above-described costs are proportioned based on the work to be performed in each
Party’s jurisdiction; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they
pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design, California Environmental Quality Act (CEQA) compliance
(Public Resources Code section 21000 et seq.) and construction of the PROJECT.
1.2 At its own cost and not included in the PROJECT cost, perform all right-of-way acquisition
related work for Americans with Disabilities Act (ADA) ramps inside the unincorporated
COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way
acquisition related work includes, but is not limited to, right-of-way document preparation (legal
description and plat), appraisal, acquisition, temporary construction easements, utility
easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and
relocation/replacement, legal negotiations, eminent domain proceedings, property settlements,
and all right-of-way capital costs (actual cost of right-of-way).
1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval.
1.4 Construct the PROJECT by contract in accordance with the plans and specifications of
COUNTY, which have been reviewed and approved by CITY.
1.5 Advertise, award and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to the COUNTY; and initially fund
the PROJECT construction costs with CITY reimbursing COUNTY for its share of cost up on
PROJECT completion.
1.6 Require its contractor to maintain and to comply throughout the term of any contract awarded by
COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-
07SP for the mutual protection and benefit of the Parties. Except for Workers' Compensation,
Errors and Omissions and Professional Liability policies, COUNTY shall require and ensure that
all COUNTY contractors/subcontractors for the PROJECT shall have insurance policies that
contain endorsements naming the CITY and its officers, employees, agents and volunteers as
additional insureds with respect to liabilities arising out of the performance of services
hereunder. The COUNTY shall also require the contractor to indemnify, defend, and hold
harmless the CITY from any and all claims, actions, losses, damages, and/or liability arising out
of the contractor’s work on the PROJECT.
1.7 Provide adequate inspection of all items of work performed under the construction contract(s)
with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records
of inspection and materials testing for review by CITY. COUNTY shall provide copies of any
records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of
written demand from CITY for such records. This shall be included as a PROJECT cost.
1.8 Calculate overall ADA PROJECT COUNTY/CITY share based on the final construction contract
cost, which shall include changes made to COUNTY and/or CITY jurisdictions pursuant to
17.b
Packet Pg. 450 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 3 of 8
paragraphs 3.6, 3.7, 3.8 and 3.9 below. Calculation of PROJECT costs shall be based on work
performed within each party’s jurisdiction.
1.9 Based on the COUNTY percentage calculated pursuant to paragraph 1.8 above, pay its share
of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT
design, right-of way engineering, construction, construction engineering, inspection, CEQA
compliance, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to
be $3,020,000 and shall not exceed $3,775,000 (25% increase over the COUNTY’s PROJECT
cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.14.
1.10 Upon CITY’s and COUNTY’s acceptance of the PROJECT, submit to CITY an itemized
accounting of actual PROJECT costs incurred by COUNTY and an invoice for CITY’s share of
the actual PROJECT costs relative to work performed in the CITY’s jurisdiction. Said invoice
shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate
documentation of said expenditure and a copy of the overall CITY/COUNTY share calculation
spreadsheet.
2.0 CITY AGREES TO:
2.1 Review and approve, once deemed acceptable, the plans and specifications of the PROJECT.
2.2 At its own cost and not included in the PROJECT cost, perform all right-of-way acquisition related
work for ADA ramps inside the CITY jurisdiction that is determined to be necessary for PROJECT.
Right-of-way acquisition related work includes, but is not limited to, right-of-way document
preparation (legal description and plat), appraisal, acquisition, temporary construction easements,
utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and
relocation/replacement, legal negotiations, eminent domain proceedings, property settlements,
and all right-of-way capital costs (actual cost of right-of-way).
2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.4 Based on CITY percentage calculated pursuant to paragraph 1.8 above, pay to the COUNTY,
on a reimbursement basis, its share of the actual PROJECT costs. The actual PROJECT costs
shall include the cost of PROJECT design, right-of-way engineering, construction, construction
engineering, inspection, CEQA compliance, and COUNTY overhead costs. CITY shall pay all
actual costs incurred by COUNTY associated with the adjustments to CITY’s manholes,
regardless of the estimated cost or estimated number manholes identified, even if they are
higher than the estimated cost. CITY’s share of PROJECT costs is currently estimated to be
$490,000 and shall not exceed $612,500 (25% increase over the PROJECT cost estimate)
absent a written amendment to this Agreement pursuant to paragraph 3.16. CITY shall be
responsible for the sum of $490,000, plus its jurisdictional share of any PROJECT cost
changes, pursuant to paragraph 1.9 above. Upon CITY’s review and approval of invoice, CITY
shall pay such undisputed costs within sixty (60) days after receipt of the itemized invoice as set
forth in paragraph 1.9 of this Agreement.
2.5 Provide a representative who shall have the authority to discuss and attempt to resolve issues
concerning the PROJECT with the COUNTY.
2.6 CITY shall continue to be liable and responsible for the CITY’s manholes, including
maintenance, during and after construction of the PROJECT unless such liability is caused by
the negligence or willful misconduct of the COUNTY or its contractor during the PROJECT.
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the
CITY and its officers, employees, agents, and volunteers from any and all claims, actions or
losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions which
arise from COUNTY’s performance of its obligations under this Agreement.
3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the
COUNTY and its officers, employees, agents and volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY’s negligent acts or omissions which arise
from CITY’s performance of its obligations under this Agreement.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
17.b
Packet Pg. 451 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 4 of 8
3.4 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s)
fees relative to paragraphs 3.1, 3.2 and 3.3.
3.5 COUNTY and CITY are authorized self -insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that
through their respective programs of self-insurance they have adequate coverage or resources
to protect against liabilities arising out of COUNTY and CITY’s performance of the terms,
conditions or obligations of this Agreement.
3.6 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates
of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional
PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or
arising from unforeseen site conditions, including utility relocation (but not from requested
additional work by the COUNTY or CITY, which is addressed in paragraph 3.7 below)) over the
estimated total of the PROJECT’s cost of $3,510,000 (which is the sum of $3,020,000 from
COUNTY and $490,000 from CITY) shall be borne by each PARTY based upon where the work
is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction).
3.7 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said
work, if approved by both Parties will be paid solely by the party requesting the work.
3.8 In the case wherein one of the Parties owns a utility that needs to be relocated for the
PROJECT and that Party does not have prior rights for that utility, it will be the sole
responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as
a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost
based on that utility having prior rights, the relocation of the utility will be included as an AD A
PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located
within their respective boundaries.
3.9 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s
designee, that a cost overrun of more than 25% of the estimated total of the PROJECT costs
will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall
endeavor to agree upon an alternative course of action, including amending the amounts and
Exhibit A with revised cost estimates. If, after thirty (30) days of COUNTY notice, an alternative
course of action is not mutually agreed upon in writing between the COUNTY and CITY, this
Agreement shall be deemed to be terminated by mutual consent if agreed to in writing by both
Parties.
3.10 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either
Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall
notify the other Party at a reasonable time prior to the awarding of a contract to construct the
PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor.
3.11 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid
amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the
contract.
3.12 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over
25% more than the construction cost shown in Exhibit A, COUNTY shall not award the contract
unless: 1) COUNTY receives written permission from the CITY’s Director of Public Works, or
designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the
award of the construction contract. If the above described conditions are not met, COUNTY and
CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the
PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not
mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual
consent if agreed to in writing by both Parties.
3.13 In the event that change orders are required during the course of the PROJECT, said change
orders must be delivered by fax or email and must be returned within two (2) days. The CITY
shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified
change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for
any costs, awards, judgments or settlements associated with the disapproved or modified
change order
17.b
Packet Pg. 452 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 5 of 8
3.14 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party,
provided however, that neither Party may cancel this Agreement after COUNTY awards a
contract to construct the PROJECT. In the event of cancellation as provided herein, including
termination pursuant to paragraphs 3.9, 3.10 and 3.12 above, all PROJECT expenses incurred
prior to the effective date of cancellation/termination shall be paid by the Parties in the same
proportion to their contribution for the PROJECT. The Parties recognize and agree that the
provisions governing utility relocation and construction are dependent upon the Parties first
satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or
without cause, before, during and after CEQA review/approval.
3.15 Except as provided in Paragraph 3.14, and except for the Parties’ operation, maintenance and
indemnification obligations contained herein which shall survive termination, this Agreement
shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its
share of the PROJECT costs, or December 31, 2025, whichever occurs first.
3.16 This Agreement contains the entire agreement of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.17 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement or the
PROJECT, shall be instituted and tried in the appropriate state court, located in the County of
San Bernardino, California.
3.18 Time is of the essence for each and every provision of this Agreement.
3.19 Since the Parties or their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair meaning, and not
strictly for or against any Party. Any term referencing time, days or period f or performance shall
be deemed COUNTY work days. The captions of the various articles and paragraphs are for
convenience and ease or reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.20 No waiver of any default shall constitute a waiver of any other default or breach, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
3.21 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless
the purpose of this Agreement is frustrated.
3.22 This Agreement may be signed in counterparts, each of which shall constitute an original.
3.23 This Agreement will be effective on the date signed and approved by both Parties and shall
conclude upon satisfaction of the terms identified in paragraph 3.15.
3.24 The Recitals are incorporated into the body of this Agreement.
THIS AGREEMENT shall insure to the benefit of and be binding upon the successors and assigns of both
Parties.
17.b
Packet Pg. 453 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 6 of 8
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Suzanne Bryant, County Counsel Andy Silao, P.E. Brendon Biggs, Assistant Director
Date Date Date
COUNTY OF SAN BERNARDINO
City of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name Teri Ledoux
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the County of San Bernardino
(Print or Type)
By Dated:
Deputy Address 290 North D Street
San Bernardino, CA 92401
17.b
Packet Pg. 454 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 7 of 8
EXHIBIT A
ESTIMATE OF PROJECT COSTS
FOR COUNTY OF SAN BERNARDINO/CITY OF SAN BERNARDINO
40TH STREET AND OTHER ROADS OVERLAY, MANHOLE COVER ADJUSTMENTS
AND ADA RAMPS PROJECT IN THE SAN BERNARDINO AREA
DESCRIPTION AMOUNT COUNTY OF
SAN BERNARDINO SHARE
CITY OF SAN BERNARDINO
SHARE
Construction
And Contingencies $2,860,000 $2,461,000 $399,000
All Other Costs including
Preliminary Engineering,
Design, Environmental
Clearance, Construction
Engineering, etc.
$650,000 $559,000 $91,000
TOTAL $3,510,000 $3,020,000 $490,000
17.b
Packet Pg. 455 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Revised 7/15/19 Page 8 of 8
EXHIBIT B
ROAD LIST
FOR COUNTY OF SAN BERNARDINO/CITY OF SAN BERNARDINO
40TH STREET AND OTHER ROADS OVERLAY, MANHOLE COVER ADJUSTMENTS,
AND ADA RAMPS PROJECT IN THE SAN BERNARDINO AREA
Road No.
Road Name
Limits
Project
Length
County
Project
Length
City
Project
Length
Total
Scope of Work
270750 CYPRESS DRIVE 48TH ST N/HILL DR. 0.25 0.00 0.25
Leveling Course
and RHMA Overlay
361500 FORTIETH STREET
03M E THIRD AVE
E/.06M W . JOHNSON ST 0.30 0.30 0.60
Mill and RHMA
Overlay
361950
FORTY-FIRST
STREET
4TH AVE E/MOUNTAIN
DR. 0.12 0.00 0.12
Leveling Course
and RHMA Overlay
361950
FORTY-FIRST
STREET
MOUNTAIN DR. E/FIRST
AVE 0.64 0.00 0.64
Leveling Course
and RHMA Overlay
361900
FORTY-EIGHTH
STREET
MAGNOLIA DR. E/.07M E.
"F" ST 0.57 0.00 0.57
Mill, Leveling Course
and RHMA Overlay
568650 MOUNTAIN DRIVE
SAN BERNARDINO CL
N/48TH ST 0.45 0.00 0.45 RHMA Overlay
568650 MOUNTAIN DRIVE 48TH ST N/HILL DR. 0.35 0.00 0.35
Leveling Course and
RHMA Overlay
812600 THIRD AVENUE
.02M N,40TH ST N/.03M S
HILL DR. 0.69 0.03 0.72
Leveling Course and
RHMA Overlay
17.b
Packet Pg. 456 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farma.1A.Coop Agreement.Attachment 1.Exhibit A (6892 : Co-Operative
Engineer's Estimate
Project: 40th Street and Other Roads W.O.#: H14922 &
H14924
Limits: Various Locations Last Modified:Jun 25 20 15:29
Item
No.
Approx.
Quant.
Meas.
Unit
Item Description Unit Price Total %
City
$
City
%
County
$
County
1 25,000 F.A.Supplemental Work (Unforeseen Differing Site
Conditions and Utility Conflicts)
$ 1.00 $ 25,000.00 11.30%$ 2,825.00 88.70%$ 22,175.00
2 1 L.S.Prepare Final Storm Water Pollution Prevention
Plan
$ 3,000.00 $ 3,000.00 11.30%$ 339.00 88.70%$ 2,661.00
3 1 L.S.Water Pollution Control Work $ 15,000.00 $ 15,000.00 11.30%$ 1,695.00 88.70%$ 13,305.00
4 1 L.S.Mobilization $ 210,000.00 $ 210,000.00 11.30%$ 23,730.00 88.70%$ 186,270.00
5 1 L.S.Traffic Control System $ 100,000.00 $ 100,000.00 11.30%$ 11,300.00 88.70%$ 88,700.00
6 6 EA.Portable Changeable Message Sign $ 5,000.00 $ 30,000.00 11.30%$ 3,390.00 88.70%$ 26,610.00
7 1 L.S.Remove Block Wall at 1058 W 41st Street $ 1,000.00 $ 1,000.00 0.00%$ -100.00%$ 1,000.00
8 1 L.S.Remove And Dispose Polyethylene Vinyl Chloride
Picket Fence (3’) and Chain Link Fence 4’ Type
CL-4
$ 6,600.00 $ 6,600.00 0.00%$ -100.00%$ 6,600.00
9 300 L.F.Remove Traffic Stripe $ 1.00 $ 300.00 10.00%$ 30.00 90.00%$ 270.00
10 35 S.F.Remove Pavement Marking $ 5.00 $ 175.00 0.00%$ -100.00%$ 175.00
11 14,500 L.F.Remove Asphalt Concrete Dike $ 1.50 $ 21,750.00 0.00%$ -100.00%$ 21,750.00
12 1,000 S.Y.Remove Asphalt Concrete Surfacing $ 30.00 $ 30,000.00 4.03%$ 1,209.00 95.97%$ 28,791.00
13 8 EA.Object Marker (Type L-1OM2-2V) $ 50.00 $ 400.00 0.00%$ -100.00%$ 400.00
14 1 EA.Object Marker Type (L-1)$ 100.00 $ 100.00 0.00%$ -100.00%$ 100.00
15 33 EA.Relocate Roadside Sign $ 150.00 $ 4,950.00 0.00%$ -100.00%$ 4,950.00
16 31 EA.Adjust Manhole $ 1,000.00 $ 31,000.00 100.00%$ 31,000.00 0.00%$ -
17 54,500 S.Y.Cold Plane Asphalt Concrete Pavement $ 2.00 $ 109,000.00 20.70%$ 22,563.00 79.30%$ 86,437.00
18 432 S.Y.Remove Concrete (Pavement)$ 35.00 $ 15,120.00 50.50%$ 7,635.60 49.50%$ 7,484.40
19 1,750 L.F.Remove Concrete (Curb and Gutter)$ 20.00 $ 35,000.00 16.17%$ 5,659.50 83.83%$ 29,340.50
20 1,881 S.Y.Remove Concrete (Ramp, Spandrel, Cross Gutter
and Sidewalk)
$ 35.00 $ 65,835.00 10.63%$ 6,998.26 89.37%$ 58,836.74
21 1 L.S.Clearing and Grubbing $ 5,000.00 $ 5,000.00 0.00%$ -100.00%$ 5,000.00
22 1 EA.Remove Tree at 1058 W 41st Street $ 1,500.00 $ 1,500.00 0.00%$ -100.00%$ 1,500.00
23 1 L.S.Develop Water Supply $ 2,000.00 $ 2,000.00 0.00%$ -100.00%$ 2,000.00
24 74 C.Y.Roadway Excavation $ 100.00 $ 7,400.00 10.81%$ 799.94 89.19%$ 6,600.06
25 2,250 STA.Shoulder Backing $ 5.00 $ 11,250.00 0.00%$ -100.00%$ 11,250.00
26 1 L.S.Finishing Roadway $ 15,000.00 $ 15,000.00 11.36%$ 1,704.00 88.64%$ 13,296.00
27 2,120 TON Asphalt Concrete Leveling Course (Type A, 3/8”
Aggregate Gradation, PG 64-10
$ 100.00 $ 212,000.00 15.30%$ 32,436.00 84.70%$ 179,564.00
28 12,500 TON Rubberized Hot Mix Asphalt Concrete (Type G)$ 95.00 $ 1,187,500.00 13.52%$ 160,550.00 86.48%$ 1,026,950.00
29 14,000 L.F.Place Asphalt Concrete Traversable Dike $ 6.00 $ 84,000.00 0.00%$ -100.00%$ 84,000.00
30 300 L.F.Place Asphalt Concrete Dike $ 6.00 $ 1,800.00 0.00%$ -100.00%$ 1,800.00
31 8 TON Asphalt Concrete (Type A, 3/4" Maximum
Grading)
$ 85.00 $ 680.00 0.00%$ -100.00%$ 680.00
32 400 S.Y.Place Asphalt Concrete (Miscellaneous Area)$ 40.00 $ 16,000.00 0.00%$ -100.00%$ 16,000.00
33 215 C.Y.Minor Concrete Pavement (8" thick)$ 500.00 $ 107,500.00 23.00%$ 24,725.00 77.00%$ 82,775.00
34 290 C.Y.Minor Concrete (Curb,Curb and Gutter, Spandrel,
Sidewalk, Ramps, Cross Gutter and Driveways)
$ 500.00 $ 145,000.00 12.40%$ 17,980.00 87.60%$ 127,020.00
35 1 E.A.Roadside Sign - One Post $ 300.00 $ 300.00 1.00%$ 3.00 99.00%$ 297.00
36 93 S.Y.Grouted Rock Treatment $ 100.00 $ 9,300.00 0.00%$ -100.00%$ 9,300.00
37 731 S.F.Curb Ramp Detectable Warning Surface $ 50.00 $ 36,550.00 9.85%$ 3,600.18 90.15%$ 32,949.82
38 32 L.F.Masonry Block Wall at 1058 W 41st Street $ 150.00 $ 4,800.00 0.00%$ -100.00%$ 4,800.00
39 313 L.F.Chain Link Fence 4' (Type CL-4)$ 50.00 $ 15,650.00 0.00%$ -100.00%$ 15,650.00
40 40 L.F.Polyethylene Vinyl Chloride Picket Fence $ 60.00 $ 2,400.00 0.00%$ -100.00%$ 2,400.00
41 1 L,S,Relocate Wrought Iron Fence (WIF) Panels AT
(912 W. Melrose Drive)
$ 3,000.00 $ 3,000.00 0.00%$ -100.00%$ 3,000.00
42 4,700 L.F.4" Paint Traffic Stripe (2-Coat) White Stripe $ 1.25 $ 5,875.00 42.55%$ 2,499.81 57.45%$ 3,375.19
43 580 L.F.8" Paint Traffic Stripe (2-Coat) White Stripe $ 1.25 $ 725.00 0.00%$ -100.00%$ 725.00
44 8,500 L.F.Paint Traffic Stripe (2-Coat) Double Yellow Stripe $ 1.50 $ 12,750.00 0.00%$ -100.00%$ 12,750.00
45 2,800 S.F.Paint Pavement Marking (2-Coat)$ 2.00 $ 5,600.00 5.36%$ 300.16 94.64%$ 5,299.84
46 37 EA.Channelizers Type F $ 40.00 $ 1,480.00 0.00%$ -100.00%$ 1,480.00
47 25 EA.Pavement Marker (Type D and G) Blue $ 25.00 $ 625.00 0.00%$ -100.00%$ 625.00
PROJECT ESTIMATE TOTAL: $ 2,599,915.00 13.96%$ 362,972.45 86.04%$ 2,236,942.55
10% Contingencies: $ 259,991.00 $ 36,297.18 $ 223,693.82
~15% Constr. Eng.: $ 429,094.00 $ 59,905.54 $ 369,188.46
PROJECT TOTAL: $ 3,289,000.00 $ 459,175.17 $ 2,829,824.83
Page 1 of 1
17.c
Packet Pg. 457 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.02.Cost Summary.Attachment 2 (6892 : Co-Operative Agreement with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation)
SAN BERNARDINO COUNTY
40TH STREET AND OTHER ROADS
MILL AND OVERLAY AND ADA RAMPS
Work Order No.: H14922 & H14924
San Bernardino County
City of San Bernardino
City of San BernardinoLegend:
DEPARTMENT OF PUBLIC WORKS
City of San Bernardino
W 40th St
W 48th St
W 40th St
W 41st StMountain DrN 3rdAveN E StN F StCedar DrN 4thAveW 45th St N I StW 49th St
W Hill Dr
W Reservoir DrCypress DrN Magnolia DrN Orange DrElectric AveNorthpark Blvd
Reconstruct ADA Ramp
Overlay
Mill and Overlay (County/City Shared Road)
New ADA Curb Ramp N 1stAveH StCottage DrKrause PlARROWHEAD FARMS AREA
Mill and Overlay Johnson St17.d
Packet Pg. 458 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.03.Location
CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET
Project Name SS21-002
Arrowhead Farm Area
Street Rehabilitation
Department Public
Works
Ward 4 CIP Type Streets
Project Location 40th Street between
Johnson Ave and 3rd
Avenue
Project Category New
Total Project Cost $490,000 Prior Year Funding $0
Remaining Needed $490,000 Project No. XXXX
PROJECT DESCRIPTION
This project consists of rehabilitating 40th Street between Johnson Ave and 3rd Avenue.
Curb ramps will be updated to meet ADA requirements.
PROJECT FUNDING AND EXPENDITURE DETAIL
M Prior Year
Funding
FY 20/21
Projected
FY 21/22
Projected
FY22/23
Projected
FY 23/24
Projected
FY 24/25
Projected
Estimated
Project
Total
Measure I
(129)
$0 $0
$490,000
$0
$0
$0
$490,000
Totals $0 $0 $490,000 $0 $0
$0
$490,000
PROJECT STATUS UPDATE
This is a new project and will be completed in FE 21/22
Consistency: This project is consistent with Key Target No. 1d: Minimize risk and litigation
exposure. This project will mitigate the potential exposure to risk and litigation by
addressing deferred maintenance needs at multiple City roads ways and by construction
ADA compliant curb ramps for safe path of pedestrian travel.
Forecasted Project Completion Date: June 2022
On-going Operating & Maintenance Impact: Maintenance reduced
Project Manager: Saba Engineer
17.e
Packet Pg. 459 Attachment: PW.Cooperative Agreement with SB County Arrowhead Farms.04.CIP Sheet.Attachment 4 (6892 : Co-Operative Agreement with
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Award of Construction Contract for Pavement Rehabilitation at
Eight Locations
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-228:
1. Approving a total project budget for pavement re habilitation at eight locations
(“Project”) the in the amount of $3,680,000 to include a construction contract in
the amount of $3,196,338, project contingencies in the amount of $323,662 , and
engineering and inspection budgets in the amount of $160,000; and
2. Approving the award of a construction contract with Matich Corporation of San
Bernardino, California in the amount of $3,196,338 for the Project; and
3. Approving the carryover of the full remaining FY 2019/20 Capital Improvement
Program budgets previously established for eleven street segments: and
4. Authorizing the Director of Finance to record budget adjustments to reallocate
SB1 Funds (Fund 125) as necessary to support the full Project costs; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Background
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019 -168
adopting the City’s Five-Year Capital Improvement Program (CIP). The FY19/20 CIP
included 11 separate street segment rehabilitation projects funded by SB -1 Funding and
Measure I Funding in the amounts of $3,700,000 and $500,000, respectively, for total
project budgets in the amount of $4,200,000.
In March 2020, a Pavement Management Analysis (PMA) was completed which used
scientific methods to evaluate the existing condition of all public streets in the City and
assign a Remaining Service Life (RSL) rating in years to each street segment. The RSL
for any segment may range from 0 to 20 years with a rating of 20 representing the
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condition of a recently completed street. The PMA also provided updated cost factors
for all categories of roadway reconstruction and repair.
In April 2020, staff conducted a competitive bid process to address the 11 str eet
segments shown below.
FY19/20 Approved Street Segments
1. 5th Street between E Street and H Street
2. Victoria Avenue between 800 ft. East of Tippecanoe Avenue and Richardson St
3. Arden Avenue between Pacific Street and Highland Creek
4. Highland Avenue between Valencia Avenue and Cedar Avenue
5. Electric Avenue between 48th Street to Cul-De-Sac and Bartlett Drive
6. Little Mountain Drive between 48th Street to Sundance Drive
7. Crestview Avenue between East Baseline Street and 20th Street
8. Industrial Road between Waterman Avenue and Steele Road
9. Commercenter Drive West Between Hospitality Lane and the North Cul-de-Sec;
Hospitality Lane to Business Center Drive; East Airport Drive to Commercenter
Drive East
10. Mt. Vernon Avenue between 17th Street and Reece Street
11. 7th Street between Waterman Avenue and Sierra Way
The April bid solicitation resulted in construction bids that far exceeded the available
$4,200,000 budget. It is important to note that FY19/20 CIP budgets for each se gment
were estimated and established prior to the completion of the most recent PMA.
Because of funding constraints, and based on staff’s recommendation, the Mayor and
City Council adopted Resolution No. 2020-118 on June 3, 2020, rejecting all bids.
Staff has now reevaluated the original 11 street segments and the maintenance level
required for each using data provided in the recent PMA. Through this process, street
segments 9, 10, and 11 (above) have been identified as requiring full reconstruction to
restore the roadways. Due to the high cost of this work, and given the current budget
limitations, staff has determined these three segments will need to be addressed
through a separate future CIP project.
Staff has now completed a second bid solicitation of to address the remaining eight
street segments and is ready to move forward in awarding the project to Matich
Corporation of San Bernardino to complete the project. The resulting construction bid,
contingencies, and staff costs are able to be supported within the original budgets;
however, reallocation of SB1 funding from the three excluded street segments is
necessary to fully fund the Project.
Discussion
Project 13403 to rehabilitate street segment numbers 1 to 8 was advertised for public
bidding on July 16, 2020 and July 23, 2020, in the San Bernardino County Sun
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Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego
Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America
Online, Construction Bid Source, Bid Ocean, the City’s web sites, and the San
Bernardino Area Chamber of Commerce.
Sealed bids were received and opened on August 06, 2020. The City received five (5)
bids as follows:
BIDDER CITY BASE BID
*Matich Corporation San Bernardino $3,196,338.00
All American Asphalt Corona $3,308,435.95
Hardy & Harper Inc. Lake Forest $3,620,000.00
Vance Corporation Bloomington $4,086,642.00
COPP Contracting, Inc. Buena Park $4,251,392.00
*Total bid amount submitted by Matich Corporation was $3,202,000. Due to a mathematical error in the
bid, the corrected total bid amount is $3,196,338. With the error noted, Matich Corporation remains the
lowest responsible and responsive bidder.
Staff has reviewed all bid packages and determined that Matich Co rporation of San
Bernardino, California, is the lowest responsible and responsive bidder, with a total bid
amount of $3,196,338. In addition to these construction costs, staff anticipates the need
for a construction contingency amount to provide for any unforeseen work, and
estimated staff costs required to support engineering inspections of the project. The
breakdowns of estimated costs for each street segment are provided in the table below.
Street Segments Construction Contingency Inspection Project Cost
5th Street $440,000.00 $44,000.00 $20,000.00 $504,000.00
Victoria Ave. $208,000.00 $21,000.00 $20,000.00 $249,000.00
Arden Ave. $336,000.00 $34,000.00 $20,000.00 $390,000.00
Highland Ave. $335,388.00 $34,000.00 $20,000.00 $389,388.00
Electric Ave. $346,000.00 $35,000.00 $20,000.00 $401,000.00
Little Mountain $716,950.00 $72,000.00 $20,000.00 $808,950.00
Crestview Ave. $553,960.89 $56,000.00 $20,000.00 $629,960.89
Industrial Rd. $260,039.11 $27,662.00 $20,000.00 $307,701.11
Total Project Cost $3,196,338.00 $323,662.00 $160,000.00 $3,680,000.00
The total Project cost including construction, contingencies, and engineering/inspection
work is $3,680,000. If awarded, construction work on these street segments is
anticipated to begin in November 2020 and be completed by February 2021.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 1e: Fiscal Stability - Create an asset
management plan. Street rehabilitation projects preserve the existing roadways,
increase their remaining service life, and ensure the assets do not deteriorate further,
thereby avoiding the need for a costly full reconstruction of these street segments in the
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near future.
Fiscal Impact
No General Fund impact. Funding in the amount of $4,200,000 for 11 street segment
rehabilitations was previously established through the adopted FY19/20 CIP with each
segment being allocated a separate funding amount from either SB1 or Measure I
funding. Small expenditures have been incurred related to the developm ent of plans
and specifications, and for advertisements required for bid solicitations. The remaining
project budgets must be carried over immediately from FY19/20 into FY20/21 to move
forward with the award of the construction contract and support issuanc e of a purchase
order to begin the Project. The table below summarizes the remaining FY19/20 CIP
budget amounts available from the originally approved 11 street segments. Staff is
requesting these amounts be carried over into FY20/21 to support the street
rehabilitation work:
Street Segments Account No. Funding Source Amount
5th Street 125-160-8704-5504 SB-1 (125) $494,183.43
Victoria Ave. 125-160-8702-5504 SB-1 (125) $181,365.37
Arden Ave. 125-160-8711-5504 SB-1 (125) $244,521.89
Highland Ave. 125-160-8709-5504 SB-1 (125) $288,167.31
Electric Ave. 125-160-8706-5504 SB-1 (125) $405,645.09
Little Mountain 125-160-8710-5504 SB-1 (125) $327,619.03
Crestview Ave. 125-160-8705-5504 SB-1 (125) $485,475.00
Industrial Rd. 129-160-8712-5504 Measure I (129) $497,163.43
Commerce Center 125-160-8708-5504 SB-1 (125) $529,727.28
Mt. Vernon Ave 125-160-8707-5504 SB-1 (125) $469,946.69
7th St. 125-160-8703-5504 SB-1 (125) $216,040.92
It is also necessary to reallocate approximately $950,000 of the available $1,215,715 in
SB-1 funding previously allocated to Commerce Center, Mt. Vernon, and 7th Street
(collectively) to meet the additional funding needs of each Project street segment. The
following are the additional funding needs of the Project, by st reet segment, as of the
date of submission of this report.
Street Segments Available Funds Total Project cost Additional
Funding
Required
1. 5th Street $494,183.43 $504,000.00 $9,816.57
2. Victoria Ave. $181,365.37 $249,000.00 $67,634.63
3. Arden Ave. $244,521.89 $390,000.00 $145,478.11
4. Highland Ave. $288,167.31 $389,388.00 $101,220.69
5. Electric Ave. $401,000.00 $401,000.00 $0.00
6. Little Mountain $327,619.03 $808,950.00 $481,330.97
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7. Crestview Ave. $485,475.00 $629,960.89 $144,485.89
8. Industrial Rd. $307,701.11 $307,701.11 $0.00
Total $2,730,033.14 $3,680,000.00 $949,966.86
While staff has provided the latest balance information available, minor expenditures
may have been incurred subsequent to this report and may slightly change the actual
remaining balances. Because of this, it is recommended that the Mayor and City
Council authorize the reallocation of SB1 funding “as necessary” to cover the total
project cost of $3,680,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-228:
1. Approving a total project budget for pavement rehabilitation at eight locations
(“Project”) the in the amount of $3,680,000 to include a construction contract in
the amount of $3,196,338, project contingencies in the amount of $323,662, and
engineering and inspection budgets in the amount of $160,000; and
2. Approving the award of a construction contract with Matich Corporation of San
Bernardino, California in the amount of $3,196,338 for the Project; and
3. Approving the carryover of the full remaining FY 2019/20 Capital Improvement
Program budgets previously established for eleven street segments: and
4. Authorizing the Director of Finance to record budget adjustments to reallocate
SB1 Funds (Fund 125) as necessary to support the full Project costs; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 Resolution 2020-228; Exhibit A - Agreement
Attachment 2 Bid Tabulation for Pavement Rehabilitation at Eight Locations
Attachment 3 Lowest Bid Form for Pavement Rehabilitation at Eight Locations
Attachment 4 Location Map
Wards: 1, 2, 3, 4, 5 and 7
Synopsis of Previous Council Actions:
June 19, 2019 The Mayor and City Council adopted Resolution No. 2019-168,
approving the Capital Improvement Program FY 2019/20
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RESOLUTION NO. 2020-228
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
APPROVING A TOTAL PROJECT BUDGETS FOR
PAVEMENT REHABILITATION AT EIGHT LOCATIONS
(“PROJECT”) THE IN THE AMOUNT OF $3,680,000 TO
INCLUDE A CONSTRUCTION CONTRACT IN THE
AMOUNT OF $3,196,338, PROJECT CONTINGENCIES IN
THE AMOUNT OF $323,662, AND ENGINEERING AND
INSPECTION BUDGETS IN THE AMOUNT OF $160,000;
AND APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH MATICH CORPORATION OF SAN
BERNARDINO, CALIFORNIA IN THE AMOUNT OF
$3,196,338 FOR THE PROJECT; AND APPROVING THE
CARRYOVER OF THE FULL REMAINING FY2019/20
CAPITAL IMPROVEMENT PROGRAM BUDGETS
PREVIOUSLY ESTABLISHED FOR 11 STREET
SEGMENTS; AND AUTHORIZING THE DIRECTOR OF
FINANCE TO RECORD BUDGET ADJUSTMENTS TO
REALLOCATE SB1 FUNDS (FUND 125) AS NECESSARY
TO SUPPORT THE FULL PROJECT COSTS; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY,
TO COMPLETE THE PROJECT.
WHEREAS, The Department of Public Works is responsible for maintaining streets
Citywide; and
WHEREAS, the Mayor and City Council previously approved the rehabilitation of 11
street segments through the FY19/20 Capital Improvement Program (CIP); and
WHEREAS, in April 2020 staff administered a competitive bid solicitation which
resulted in construction cost submittals that were well above the Engineer’s original estimates
and available funding; and
WHEREAS, on June 3, 2020, the Mayor and City Council adopted Resolution No. 2020-
118 rejecting all bids; and
WHEREAS, in an effort to secure construction bids more in line with available funding,
staff reevaluated the scope of the street rehabilitation project using a recently completed
Pavement Management Assessment and, based on the updated costs of pavement rehabilitation,
reduced the number of project locations from eleven to eight: and
WHEREAS, in July 2020 staff administered a competitive bid solicitation for Pavement
Rehabilitation at Eight Locations (“Project”), resulting in five construction cost submittals; and
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Resolution No. 2020-228
WHEREAS, Matich Corporation of San Bernardino, California, was determined to be
the lowest responsive and responsible bidder with a total construction bid of $3,196,338; and
WHEREAS, the City now wishes to enter into a construction agreement with Matich
Corporation to perform the Project construction; and
WHEREAS, the total amount of SB1 and Measure I funding previously approved in
FY19/20 for pavement rehabilitation at eleven locations will be reallocated, as necessary, to
support the Pavement Rehabilitation of Eight Locations Project costs, including construction,
contingencies and staff time, for a total Project budget amount of $ 3,680,000.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized and directed to execute a construction
agreement following the City’s standard terms approved by the City Attorney with Matich
Corporation in the amount of $3,196,338 with a contingency in the amount of $323,662 for the
Pavement Rehabilitation at Eight Locations.
SECTION 3. The Director of Finance is authorized to carry over remaining FY2019/20
Capital Improvement Program budgets previously established for 11 street segments into
FY20/21 and is further authorized to record budget adjustments as necessary to reallocate SB1
funding from three eliminated project locations in order to support the following Total Project
Costs:
Street Segments Project Costs
5th Street $504,000.00
Victoria Ave. $249,000.00
Arden Ave. $390,000.00
Highland Ave. $389,388.00
Electric Ave. $401,000.00
Little Mountain $808,950.00
Crestview Ave. $629,960.89
Industrial Rd. $307,701.11
Total Project Costs $3,680,000.00
SECTION 4. The City Manager or designee is hereby authorized to execute all
documents in support of the Pavement Rehabilitation at Eight Locations Project 13403 on behalf
of the City.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
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Resolution No. 2020-228
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2020-228
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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A-1
A G R E E M E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the
City of San Bernardino (owner and hereinafter "CITY"), and Matich Corporation
________________________________________________ (hereinafter "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of
which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper
cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and
equipment and perform all the work necessary to complete in good workmanlike and substantial manner the
PAVEMENT REHABILITATION AT EIGHT LOCATIONS
Project No. 13403
in strict conformity with Plans and Special Provisions No. 13403 , and also in accordance with Standard
Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice
Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City
of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially
referred to and by such reference made a part hereof.
2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as
full compensation for furnishing all materials and doing all the work contemplated and embraced in this
agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of
every description connected with the work; also for all expenses incurred by or in consequence of the suspension
or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner
and according to the Plans and Special Provisions, and requirements of the Engineer under them.
3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex,
marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person
claiming under or through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy, as recipient deems appropriate.
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A-2
AGREEMENT: PAVEMENT REHABILITATION AT EIGHT LOCATIONS Project No. 13403
4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby
employ the said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the
time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs,
executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and
nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:
MATICH Corporation BY: ___________________________________
TERI LEDOUX
City Manager
BY: _______________________________
Robert M. Matich
TITLE: Vice President ATTEST:
MAILING ADDRESS:
1596 Harry Sheppard Blvd. _______________________________
Genoveva Rocha, CMC
_____San Bernardino, Ca 92408______ City Clerk
_______________________________________
PHONE NO.: (909) 382-7400______________ APPROVED AS TO FORM:
ATTEST:
_______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest.
If Contractor is a corporation, Secretary should attest.
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APPENDIX C
PROJECT LOCATION MAP
5th Street between E Street and H Street
Victoria Avenue from 800’ E/O Tippecanoe Avenue to
Richardson Street
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Arden Avenue between Pacific Street to Highland Creek
Highland Avenue between Valencia Avenue and Cedar Ave.
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Electric Ave between 48th Street and Barlett Drive
Little Mountain Dr. between 48th Street and Northpark Blvd
Crestview Avenue between Baseline Street and 20th Street
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Industrial Road between Waterman Avenue and Steele Rd
Not to Scale
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Authorization to Proceed with the Vacation of a Portion of I
Street
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis for
the proposed vacation of portions of “I” Street between Spruce and Olive Street, and a
portion of “J” Street at its intersection with 17th Street and 21st Street.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its own initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the stree t. The street
vacation is then recorded with the County Recorder’s office.
The Burlington Northern Santa Fe (BNSF) Ono Lead Track Extension Project (“Project”)
proposes to install a fourth lead track extending the exiting BNSF San Bernardino
Intermodal Facility (SBD Intermodal) lead track to tow existing Ono Storage Sidings.
The project would involve construction of a fourth lead track within/along approximately
4.3 miles of an existing BNSF corridor generally from the BNSF overpass at State
Street/University Parkway on the north to the existing SBD Intermodal at West 5 th Street
on the south. The proposed Project would close the existing gap between the two
existing Ono Storage Sidings, creating continuous lead track, improving the flow of
trains in and out of the BNSF yard.
The Project does not propose to increase rail line operations. Instead , it would improve
the Yard’s operational efficiency by reducing train congestion along the existing lead
tracks and reducing train idling, as they wait to enter/exit the yard.
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As part of the Ono Project, BNSF has requested the City initiate the vacation of I Street
and J Street as follows:
Portion of I Street between Spruce Street & 6th Street
Portion of I Street between 6th Street and 7th Street
Portion of I Street between 8th Street and 10th Street
Portion of I Street between 10th Street & 11th Street
Portion of I Street between 11th Street & Home Avenue and between Home
Avenue 14th Street
Portion of I between 10th Street & 11t Street and 10th Street and Olive Street
Portion of J Street where it intersects with 17th Street & 21st Street between
Turill Avenue and Existing Railroad ROW, 10th Street and Olive Street
Discussion
If authorization is given to proceed, an investigation and analysis will b egin and all City
departments, County Fire, utilities, and affected property owners will be notified of the
proposal and will be provided an opportunity to comment on any conflicts and/or
potential issues or concerns.
Future actions by the City will consist of:
Resolution of Intention by the Mayor and City Council setting a Public Hearing
pursuant to Streets and Highway Code Section 8320
Publication of Notices of Vacation pursuant to Streets and Highways Code
Sections 8322 & 8323
Public Hearing and Resolution of Vacation pursuant to Streets and Highways
Code Section 8324
Recordation of the Resolution of Vacation pursuant to Streets and Highways
Code Section 8325
2020-2025 Key Strategic Targets and Goals
Investigation of property that has been requested to be vacated is consistent with Key
Target No 1d: Minimize risk and litigation exposure, as it provides the necessary
notification to possible stakeholders and owners of utility infrastructure in the area that
may be impacted by approval the vacation action.
Fiscal Impact
No General Fund impact. The applicant has submitted fees in the amount of $8,160 to
cover the cost of vacation procedures.
Conclusion
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis for
the proposed vacation of portions of “I” Street between Spruce and Olive Street, and a
portion of “J” Street at its intersection with 17th Street and 21st Street.
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Attachments
Attachment 1 Legal and Plats - “I” Street between 6th and 7th
Attachment 2 Legal and Plats - “I” Street between 7th and 8th
Attachment 3 Legal and Plats - “I” Street between 8th and 10th
Attachment 4 Legal and Plats - “I” Street between 11th and 14th
Attachment 5 Legal and Plats - “I” Street between 14th and Evans Avenue
Attachment 6 Legal and Plats - “I” Street between Spruce and 21st
Attachment 7 Legal and Plats - “I” Street between J Street, 17th and 21st
Ward: 3
Synopsis of Previous Council Actions:
None
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving Applications for Statewide Park
Development/Community Revitalization Grant
Recommendation
Adopt Resolution No 2020-229 of the Mayor and City Council of San Bernardino,
California, approving the application for Statewide Park Development and Communi ty
Revitalization Program Grant Funds.
Background
The California Department of Parks and Recreation Office of Grants and Local Services
are currently accepting applications for Round Four of the Statewide Park Development
and Community Revitalization Program (SPP). The Public Works Department is
proposing to submit an SPP application for the design and construction of
improvements to Delmann Heights Park.
The State requires that an applicant include a resolution of support in the grant
application. The grant program conditions include the requirement for the Council to
adopt a resolution prior to application with certain conditions including:
1. The City certifies that it has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Grant Administration Guide.
2. The Council delegates the authority to the City Manager to conduct all
negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment reque sts, which may be
necessary for the completion of the Grant Scope.
3. The City agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
4. The City will consider promoting diversity and inclusion at the park per Public
Resources Code §80001(b)(8 A-G).
Staff has reviewed the requirements and has determined that the City is able to comply
with all grant conditions and is therefore recommending the Mayor and City Council
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adopt proposed Resolution 2020-229. The grant application deadline is December 14,
2020.
Discussion
SPP is a competitive grant program with over $1 billion in funding between the 2018
Prop. 68 and 2006 Prop. 84 Bond Acts, to be distributed through multiple rounds of
awards. SPP will create new recreation opportunities in critically underserved
communities throughout California by awarding grant funding ranging from $200,000 to
$8,500,000 to eligible applicants submitting the most competitive applications. The SPP
Grant by itself may fund an entire project as there is no matching funds requirement. To
be considered for funding, a comprehensive grant application will need to be submitted
by December 14, 2020.
The SPP grant involves a complex application process and project selection criteria;
which places the highest point values on the following three criterions:
1. Community Challenges, Project Benefits and Readiness:
The community has severe challenges compared to other applications.
The project will significantly improve the community’s recreational, social,
cultural, educational, environmental and economic conditions.
Project completion and 30 years of operation and maintenance appears to be
achievable.
2. Community Based Planning:
Facilitate five community-based planning meetings located within a critically
underserved community.
Use at least three methods to invite a broad representation of residents .
Residents identify preferred recreation features.
3. Significant Poverty:
Project site has a median household income lower than $51,026 which means it
is a disadvantaged community as defined in the public resources code.
Proposition 68 requires that at least $130,055,000 is allocated to projects in
severely disadvantaged communities with a median household income below
$38,270.
On March 6, 2019, the Mayor and City Council approved Resolution No. 2019-33
approving the award of a design contract with Community Works Design Group to
perform a Facilities and Parkland Area Assessment of Delmann Heights Park and
Community Center. Community Works Design Group has assessed the 19.5 acre park
for the current service delivery levels and identified park facilities and amenity upgrades
that would maximize usage and meet the needs of the surrounding community. This
has been achieved by conducting multiple community workshops to obtain input and
feedback from the surrounding community and park users.
Community Works Design Group has now completed the conceptual park masterplan,
which is included in this report as Attachment 2. The list below provides a summary of
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the major proposed project elements in the plan.
Construction of a basketball court
Construction of aquatic pool
Construction of baseball/softball field
Construction of soccer field
Construction and installation of site features
Installation of hardscaping, landscaping and irrigation systems
Construction of shade structures
Construction of parking lots
Full transformation of this park is a massive undertaking with an estimated construction
cost approaching $30 million to implement all elements of the masterplan. Because the
SPP grant is limited to a maximum award of $8.5 million, the scope of the grant
application will be prioritized to include construction of plan elements that can be
completed within the maximum allowable grant funding. Staff anticipates holding an
additional community workshop to clearly convey which of the overall masterplan
improvements can be made to substantially improve Delmann Heights Park from its
current condition within the grant budget, and also accommodate future phases of
improvements.
This application will be a secondary application submitted by the City for this round of
SPP funding. Staff is also preparing for the resubmission of an updated application for
Seccombe Lake Park improvements.
2020-2025 Key Strategic Targets and Goals
This request aligns with Key Target 1.c. Financial Stability - Create a framework for
spending decisions and Key Target 2.a. Focused, Aligned Leadership and Unified
Community - Develop and implement a community engagement plan. If approved, the
grant application will leverage State funding to support the implementation of major
improvements at the City’s Delmann Heights Park that have been identified through
engagement with the community, and reflect the needs of the park users.
Fiscal Impact
There is no fiscal impact related to the adoption of this resolution.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution 2020-229 approving the application for Statewide Park Development and
Community Revitalization Program Grant Funds.
Attachments
Attachment 1 Resolution 2020-229
Attachment 2 Delmann Heights Masterplan
Ward: 6
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Synopsis of Previous Council Actions:
March 6, 2019 Mayor and City Council adopted Resolution No. 2019-33 approving
a contract with Community Works Design Group for the preparation
of Delmann Heights Park masterplan.
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RESOLUTION NO. 2020-229
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION FOR STATEWIDE
PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Statewide
Park Development and Community Revitalization Grant program, setting up necessary
procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application before
submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California
to complete the Grant Scope project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO HEREBY:
APPROVES THE FILING OF AN APPLICATION FOR THE DELMANN HEIGHTS PARK
IMPROVEMENT PROJECT; AND
SECTION 1. Certifies that said Applicant has or will have available, prior to
commencement of any work on the project included in this application, the sufficient funds to
complete the project; and
SECTION 2. Certifies that if the project is awarded, the Applicant has or will have
sufficient funds to operate and maintain the project; and
SECTION 3. Certifies that the Applicant has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Grant Administration Guide; and
SECTION 4. Delegates the authority to the City Manager to conduct all negotiations,
sign and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of the Grant
Scope; and
SECTION 5. Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
SECTION 6. Will consider promoting inclusion per Public Resources Code
§80001(b)(8 A-G).
20.a
Packet Pg. 611 Attachment: PW.Application Statewide Park Dev and Comm Revitalization Grant Funds-Delmann Heights.RESOLUTION [Revision 2] (6898 :
Resolution No. 2020-229
SECTION 7. 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 environm ent, the activity is not
subject to CEQA.
SECTION 8. 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 9. 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 __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 612 Attachment: PW.Application Statewide Park Dev and Comm Revitalization Grant Funds-Delmann Heights.RESOLUTION [Revision 2] (6898 :
Resolution No. 2020-229
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
20.a
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20.bPacket Pg. 614Attachment: 2020-5-6 Delmann Heights Color_Optimized (6898 : Resolution Approving Applications for Statewide Park Development/Community Revitalization Grant)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 16, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Professional Services Agreement for Waterman Landfill Gas
Monitoring
Recommendation
Adopt Resolution 2020-234 of the Mayor and City Council of the City of San Bernardino,
California, authorizing a professional services agreement for landfill gas extraction
Operation, Maintenance and Monitoring (OM&M) with Tetra Tech BAS.
Background
The City of San Bernardino operated a sanitary landfill for municipal solid waste
between 1950 and 1960 on 19 acres of leased private property. The landfill was along
the south bank of the Santa Ana River, east of Waterman Avenue and north of
Vanderbilt Way and Carnegie Drive. Landfill operations ceased in 1961 and the site has
been closed since that time. As the operator of the former Waterman Landfill, the City of
San Bernardino bears the responsibility for properly closing, maintaining, and
monitoring the former landfill site.
In 2003, the City was notified by County and State regulatory agencies San Bernardino
County Local Enforcement Agency (LEA) and South Coast Air Quality Management
District (SCAQMD) that the landfill site was not in compliance with Title 27, CCR
Section 20919, Title 27, CCR Section 20919.5 , and Title 27, CCR Section 20921(a)(2) -
Gas Monitoring and Control, of post closure landfill requirements. At that time, the City
was required to implement appropriate landfill measures to satisfy landfill gas
monitoring measures and bring the site into compliance. To assist in this, the City
retained Bryan A. Stirrat & Associates (now Tetra Tech BAS) to provide necessary
operation, maintenance and monitoring (OM&M) services for the project, as well as
permitting, design and construction of the necessary improvements. Ultimately, bringing
the site into compliance required the construction and installation of a landfill gas
extraction and treatment system. The improvement project was completed in 2006. In
2015, the City purchased the former landfill property from the owner.
OM&M requirements of landfill gas extraction and treatment systems are regulated by
the South Coast Air Quality Management District (SCAQMD). SCAQMD has
established strict OM&M requirements and mandates that these activities are performed
at specific intervals and are ongoing until such times as the landfill has proven to be free
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of gas (SCAQMD Rule 1150.1). Tetra Tech BAS has been successfully performing
these services for the City since 2006.
In 2015, Mayor and City Council authorized a Professional Services Agreement, with
Tetra Tech BAS for on-call, professional civil engineering design, and project
management services, for the Capital Improvement Program (CIP) and staff
augmentation. It was under this most recent agreement that Tetra Tech , not only
continued to provide OM&M services at the landfill, but also received authorization to
implement Phase 3 of the W aterman Landfill Remediation Plan. The term of this
agreement expired June 30, 2020.
Phase 3 work is currently in process and was recently memorialized in a construction
contract, approved by the Mayor and City Council that extended the project term beyo nd
the June 30, 2020 expiration date. On July 1, 2020 , the City entered a short-term three
(3) month agreement with Tetra Tech BAS for the OM&M services in order to remain in
compliance with county and state regulatory agencies and to allow staff additiona l time
to negotiate a new, longer term agreement. Staff has completed the negotiations and is
now recommending approval of a 33 month agreement (through June 30, 2023) with the
option for three one-year extensions.
Discussion
Tetra Tech BAS has been providing various services to the City related to the
Waterman Landfill for many years. Currently, they provide landfill compliance,
engineering, and operations maintenance. As part of routine operations and
maintenance, Tetra Tech performs inspections of onsi te equipment, as well as,
mandated vapor extraction monitoring as required on a weekly basis. Recently, Tetra
Tech also provided engineering, design and implementation of the City's Waterman
Landfill Vapor Extraction System Improvements CIP project. This p roject adds 17
additional gas extraction wells and other equipment to the site as required by Phase 3
of the Waterman Landfill Remediation Plan, and is expected to be completed in
October.
Operation, maintenance and monitoring of the gas extraction syste m remain mandated
requirements from SCAQMD. With the expansion of the gas extraction and treatment
system nearly complete, staff and Tetra Tech BAS have reviewed the OM&M
requirements of the expanded system. Tetra Tech BAS has provided a proposal that
includes a monthly service fee of $18,180 for all routine OM&M tasks. The proposal
also includes an annual amount of $100,000 that is set aside for non -routine items that
may occur. Establishing this non-routine contingency upfront allows unforeseen issues
to be addressed expeditiously, further ensuring that the system remains in compliance
as repairs can be streamlined. Any non -routine work must be authorized by staff prior to
Tetra Tech BAS performing the work.
Tetra Tech was selected as a sole source ve ndor for the landfill OM&M work as they
possess the technical, environmental, licensing and engineering expertise required to
perform the work. Tetra Tech also has extensive history with the Waterman Landfill, as
they have provided ongoing, weekly gas extr action monitoring and landfill maintenance,
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and has established and maintained positive relationships with the regulatory agencies
that have benefited the City.
The term of the agreement is to begin October 1, 2020, and continue for a total of 33
months through June 30, 2023. The agreement includes the option for the City Manager
to extend the agreement for a maximum of three one-year terms, but not beyond June
30, 2026.
It is important to note that, as the former operator and legal owner of the landfill
property, it is imperative that the City continue its due diligence in keeping the site in
compliance with regulatory agencies to avoid heavy fines for non -compliance, and to
reduce liability associated with the site. Additionally, maintaining compliance with local
and state regulations is desirable in the event that the City, or a third party, is interested
in developing the site in the future.
2020-2025 Key Strategic Targets and Goals
The request for a long-term agreement with Tetra Tech BAS for landfill gas extraction
OM&M aligns with Key Target No. 1d: Financial Stability: Minimize risk and litigation
exposure. Continuing with Tetra Tech’s services ensures consistency in the operation,
maintenance and monitoring required at the Waterman Landfill to ma intain compliance
with local and State regulatory agency mandates.
Fiscal Impact
No General Fund Impact. Funding to fully support the FY 2020/21 agreement amount of
$263,620 for routine and non-routine services is available in the approved Operating
Budget in Integrated Waste Management Fund #527-400-0001*5502. Future year
funding needs will be included in future year operating budgets. No additional budget
adjustments are required for this project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-234, authorizing a Professional Services
Agreement for landfill gas extraction, Operation, Maintenance and Monitoring (OM&M)
with Tetra Tech BAS.
Attachments
Attachment 1 Resolution 2020-234
Attachment 2 Professional Services Agreement with Tetra Tech BAS; Exhibit “A”
- Tetra Tech BAS Proposal
Ward: 3
Synopsis of Previous Council Actions:
August 17, 2015 Resolution No. 2015-188 of the Mayor and City Council of the City
of San Bernardino approving Agreements for On-Call Professional
Civil Engineering Design and Project Management Services for the
Capital Improvement Program (CIP) and Staff Augmentation.
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June 20, 2016 Resolution of the Mayor and City Council of the City of San
Bernardino authorizing the City Manager to execute Amendment
No. 1 to Agreements for On -Call Professional Civil Engineering
Design and Project Management Services for the Capital
Improvement Program (CIP) and Staff Augmentation.
September 18, 2019 Resolution No. 2019-282 of the Mayor and City Council of the City
of San Bernardino, California, approving Tetra Tech, Inc. to install
upgrades to the existing landfill gas collection and treatment system
at the City's inactive Waterman Landfill.
August 19, 2020 Resolution No. 2020-142 of the Mayor and City Council of the City
of San Bernardino, California, approving a construction contract
with Tetra Tech, Inc. of San Bernardino, California, for landfill gas
collection and treatment system upgrades at the Waterman Landfill
and authorizing the City Manager to execute the contract.
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RESOLUTION NO. 2020-234
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT FOR LANDFILL GAS EXTRACTION
OPERATION, MAINTENANCE AND MONITORING
(OM&M) WITH TETRA TECH BAS
WHEREAS, as the operator of the former Waterman Landfill, the City of San
Bernardino bears the responsibility for properly closing, maintaining, and monitoring the former
landfill site in compliance with the State of California Department of Recycling (CalRecycle);
and
WHEREAS, the continuous operation, maintenance and monitoring of the gas extraction
system at the Waterman Landfill is mandated by the South Coast Air Quality Management
District (SCAQMD) as the regulatory authority for these systems; and
WHEREAS, the Mayor and City Council previously authorized a Professional Services
Agreement, and subsequent amendments, between the City of San Bernardino and Tetra Tech
BAS for On-Call Professional Civil Engineering Design and Project Management Services for
the Capital Improvement Program (CIP) and Staff Augmentation under which Tetra Tech
provided operation, maintenance and monitoring (OM&M) to maintain compliance with local
and State agency requirements; and
WHEREAS, the term of the Agreement expired June 30, 2020 and the City entered into
a short-term three (3) month agreement under the City Manager’s signatory authority with Tetra
Tech BAS to continue providing OM&M services while a new agreement was negotiated; and
WHEREAS, the City now desires to enter into a long-term Professional Services
Agreement with Tetra Tech BAS to fulfill ongoing State and County mandated compliance
requirements for landfill gas monitoring and maintenance; and
WHEREAS, Tetra Tech BAS was selected as a soul source vendor for this work as they
possess the technical, environmental, licensing and engineering expertise required to perform the
work and have an extensive history with the Waterman Landfill.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized to execute a Professional Services
Agreement with Tetra Tech BAS to provide routine and non-routine landfill gas extraction
operations, maintenance and monitoring at the Waterman Landfill as required by County and
State regulators, attached and incorporated herein as Exhibit “A.”
21.a
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Resolution No. 2020-234
SECTION 3. The Director of Finance is hereby authorized to issue purchase orders in
support of the Agreement.
SECTION 4. The Agreement shall not take effect or become operative until fully signed
and executed by the parties and no party shall be obligated hereunder until the time of such full
execution. No oral agreements, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of conduct of any party.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
21.a
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Resolution No. 2020-234
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
21.a
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TETRA TECH BAS, INC.
This Agreement is made and entered into as of October 1, 2020 by and between the City
of San Bernardino, a charter city and municipal corporation organized and operating under the
laws of the State of California with its principal place of business at Vanir Tower, 290 North D
Street, San Bernardino, CA 92401 (“City”), and Tetra Tech BAS, Inc. a California corporation
with its principal place of business at 21700 Copley Drive, Suite 200 Diamond Bar 91765
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred
to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
State Mandated Operations, Maintenance and Monitoring of the Landfill gas extraction system
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $318,160 ($18,180 per month for 12 months for
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2
monthly routine services and a total of $100,000 for non-routine services) for each fiscal year.
These amounts are to cover all related costs, and the City will not pay any additional fees for
printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be
based on the total of all Consultants’ services which have been completed to City’s sole
satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City
receives said invoice. The invoice shall describe in detail the services performed and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as “Additional Services” and shall identify the number of the
authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment t o
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on October 1, 2020 and continue for
thirty-three (33) months through June 30, 2023, unless the Agreement is previously terminated as
provided for herein (“Term”). The City Manager may, in his or her sole discretion, extend the
Term for three (3) one year intervals, by written notice to the Consultant. The City Manager shall
be required to give the Consultants such written notice of the City’s intent to extend before the
Agreement expiration, unless the Agreement is previously terminated as provided for herein. The
total duration of the Agreement, including the exercise of any extension options, shall not exceed
June 30, 2026.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics, epidemics or
21.b
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quarantine restrictions; war; riots and other civil disturbances; strikes, lockouts, work
slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Delays shall not entitle Consultant to any additional
compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements. This
includes, but is not limited to, all local, state and federal laws, rules and regulations that may
impact water quality and air quality compliance.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care; Safety.
a. Consultant’s services will be performed in accordance with generally
accepted professional practices and principles and in a manner consistent with the level of care
and skill ordinarily exercised by members of the profession currently practicing under similar
conditions.
b. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
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Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
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(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteer’s additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
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him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
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a properly authorized officer, agent, or qualified representative of the insurer and shall certify
the names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the ex piration date of
such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
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(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbu rsed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
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to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Counc il, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), hours of labor (Labor Code Sections
1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
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Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Pa rty in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
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negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Juan Carbajal as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
Attn: Timothy O’Neal
Environmental Projects Specialist
With Copy To:
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Jeff Williams
Controller/ Vice President
Jeff Williams
Controller/Vice President
Tetra Tech BAS, Inc.
21700 Copley Drive, Suite 200
Diamond Bar, CA 91765
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
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32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performanc e or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
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violation of this warranty, City shall have the right to rescind this Agreement without liabili ty.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Warranty. Consultant warrants all services under the Agreement to be of good
quality and free from any defective or faulty material and workmanship. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
work, whether express or implied, are deemed to be obtained by Consultant for the benefit of the
City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Consultant agrees to enforce such warranties and
guarantees, if necessary, on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TETRA TECH BAS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
Sonia Carvalho
City Attorney
Attested By:
Genevieve Rocha, CMC, City Clerk
CONSULTANT
Signature
Name
Title
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21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
September 9, 2020
Mr. Timothy O’Neal
Environmental Projects Specialist
City of San Bernardino
Public Works Department – Integrated Waste
201 North “E” Street, 2nd Floor
San Bernardino, California 92401
RE: PROPOSAL: OPERATIONS, MAINTENANCE, AND MONITORING OF THE
LANDFILL GAS EXTRACTION AND TREATMENT SYSTEMS AT THE WATERMAN
LANDFILL, SAN BERNARDINO, CALIFORNIA
Dear Mr. O’Neal:
Pursuant to your request, Tetra Tech BAS, Inc. (TT-BAS) is pleased to present this Proposal
containing a Scope of Work (SOW) and Fees associated with services provided to the City
of San Bernardino (City) for the Operations, Maintenance, and Monitoring (OM&M) and
South Coast Air Quality Management District (SCAQMD) Rule 1150.1 monitoring at the
Waterman Landfill.
The SOW is divided into two (2) sections. The first section describes routine OM&M
services related to the Landfill Gas Extraction and Treatment Systems (LFGETS), and the
second section describes Non-Routine OM&M related services.
For ease of reference, the Scope of Work will be outlined on Page 2 of this document.
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Packet Pg. 636 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 2 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
SCOPE OF WORK
1.0 ROUTINE OM&M
This work includes all Routine OM&M activities of the LFGETS. The existing extraction
system consists of a Granular Activated Carbon (GAC) treatment facility, fifty (50) existing
landfill gas (LFG) extraction wells, six (6) header monitoring ports and six (6) monitoring
probes. Routine OM&M services consist of the following:
A.Treatment Facility and Wellfield OM&M.
B.SCAQMD Rule 1150.1 Compliance Monitoring.
C.LFG Extraction and Treatment System Reporting.
A. TREATMENT FACILITY AND WELLFIELD OM&M
TREATMENT FACILITY
WEEKLY
Fill out Treatment Facility Station Data Log.
Visually inspect vessels and note any breaks, leaks and loose wires, and assign
personnel to conduct repairs.
Follow Manufacturer's recommended maintenance in OM&M Manual.
Test lamps by pushing the lamp test button.
Check condensate drain lines.
Monitor and record meteorological conditions (e.g., barometric pressure, ambient
temperature, etc.).
Monitor/Inspect Condensate Sumps and transfer liquid to Main Tank, when necessary.
Monitor the extraction blower(s) for operational irregularities, excessive vibration,
oil/lubricant level, inlet and outlet temperature, and pressure.
Monitor and record LFG methane, oxygen, and carbon dioxide concentrations.
Monitor and record differential pressure across system components (e.g., flame
arrestor(s), knock out vessel(s), strainer(s), etc.) where possible.
Monitor and record LFG flow rate (utilizing permanently installed equipment) and the
operating temperature.
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Packet Pg. 637 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 3 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
The condensate knockout vessel and storage tanks will be observed for liquid levels and
proper operation.
Observe recording devices for proper operation.
Inspect alarm signal inputs for proper operation.
Grease blower (and electrical motor) bearings per Manufacturer's Instructions.
Measure TGNMOC readings at inlet and outlet of vessels.
QUARTERLY
TT-BAS will shut the system down and perform the quarterly Treatment Facility check which
consists of the following:
If the pressure drop across the demister reaches twice its original value, the demister
element may need to be removed and cleaned. Open the top of the demister and
remove the element. Hose the element down opposite of LFG flow with high-pressure
water and put it back in the demister container.
Test the blower fail (overload) shutdown.
Test the blower shutdown control logic by closing the manual inlet valve while the
system is running. The system should shut down in a few seconds.
Simulate alarm signals (e.g., blower failure, etc.) for determination of proper operations
and notification. During alarm simulation activities (when applicable) the alarm sensing
equipment will be calibrated in accordance with manufacturer's specifications.
ANNUALLY
Shutdown the Treatment Facility and perform the annual Treatment Facility check which
consists of the following:
Check for arcing contactor points by checking the switches and the contactor.
Re-torque all electrical connections. The most critical areas to re-torque are the main
power leads in main disconnect, and motor starters.
Check for loose bolts in the structure and at the flanges.
Observe all system components for corrosion.
All electrical components will be inspected by a qualified electrician for proper
operation.
Calibrate critical system instrumentation (e.g., flow meter, chart recorder etc.).
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Packet Pg. 638 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 4 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
WELLFIELD MONITORING AND BALANCING
TT-BAS will monitor each of the fifty (50) existing LFG extraction wells and six (6) header
monitoring ports weekly. The monitoring includes visually inspecting the wellhead for
breaks or leaks. A GEM-2000 or 5000 will be used to collect and record the following data:
LFG Temperature.
Wellhead and header piping static pressure.
Methane concentration.
Oxygen concentration.
Carbon dioxide concentration.
LFG flow rate (Velocity Meter).
Sample ports located in the gas headers will be tested for the parameters listed above,
and all data will be stored in the GEM instrument and downloaded.
After each monitoring event is completed, TT-BAS engineering staff will provide specific
instructions for each well requiring adjustment. Adjustments will consist of varying the
well's individual flow control valve, as needed. After each adjustment is performed, the
system will be allowed to reach equilibrium before any additional adjustments are made.
Follow-up monitoring will be conducted, and extraction wells will be adjusted in response
to system balancing weekly.
The six (6) gas monitoring probes will be monitored weekly to evaluate the performance of
the LFGETS. When monitored they will utilize the following parameters using the LFG Gas
Analyzer (ie. GEM-2000 or GEM-5000 Unit):
Static pressure of the probe.
Total Organic Compounds (TOCs) percent by volume, measured as methane.
Oxygen and carbon dioxide concentration measured as percent by volume.
Lower Explosive Limit (LEL) measured as percent LEL.
B. SCAQMD RULE 1150.1 COMPLIANCE MONITORING
All work under the Rule 1150.1 monitoring program will be performed in accordance with
the SCAQMD Guidelines for Implementation of Rule 1150.1 (Guidelines). All Instantaneous
Surface Monitoring (ISM) exceedance areas and remediation will be tracked and
documented. TT-BAS shall notify the City, in writing, of any outstanding exceedances at the
end of each month and will perform the subsequent tasks at the following intervals:
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Packet Pg. 639 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 5 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
Boundary probe sampling and analysis (monthly).
Integrated surface sampling (monthly).
Instantaneous surface monitoring (quarterly).
Inlet LFG sampling and analyses at treatment system (monthly).
Ambient air sampling (monthly).
Treatment system component leak testing (quarterly).
C.LANDFILL GAS EXTRACTION AND TREATMENT SYSTEM REPORTING
On a monthly basis, TT-BAS will prepare and submit an OM&M report detailing the data
and events that took place during the month. TT-BAS understands that the due date for the
report is the end of the following month, after the service is performed. Additionally, TT-
BAS will collect all Rule 1150.1 monitoring and sampling data and will prepare the quarterly
and annual Rule 1150.1 compliance reports to be submitted to the SCAQMD on the City
of San Bernardino’s behalf. The quarterly Rule 1150.1 report will be submitted to
SCAQMD no later than 45 days after the last day of each calendar quarter. The annual
Rule 1150.1 report will be submitted to SCAQMD no later than March 15 of the following
year.
The information provided in the routine monthly report will include the following:
Treatment Facility inlet pressure and gas concentrations.
Gas well pressure, flow rate and gas concentrations.
Monitoring port pressure, flow rate and gas concentrations.
Weekly Treatment Facility Station Data Logs.
Gas well adjustments.
Descriptions of non-routine work.
Chronology of shutdowns and alarm states.
Gas probes monitoring results.
Condensate sump level monitoring.
TT-BAS will perform the above work on a lump sum basis of $18,180.00 per month for the
duration of the Agreement (October 1, 2020 to June 30, 2023).
2.0 NON-ROUTINE OM&M
Non-Routine services consist of events that cannot be predicted in advance. They consist
of corrective repairs or maintenance work identified during the routine monthly visits.
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Packet Pg. 640 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 6 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
These events consist of, but are not limited to, items such as repair of broken valves,
replacement of torn flex hoses, replacement of the activated carbon, and repair of lateral
lines. This work is essential for proper system operation; however, it is considered the type
of work that can be scheduled to allow for procurement of materials, equipment, and
scheduling of personnel. Another category of events that falls under this section, includes
the required and immediate response to emergency events. Non-routine services will only
be performed subsequent to prior authorization from the City Project Manager using the
Schedule of Charges (Rate Sheet) attached to this proposal. The following list presents
some of the items that are expected to be non-routine events and will be performed on a
time and materials basis:
Wellhead replacement.
Well valve replacement.
Well extension and capping.
Installation of temporary condensate tanks.
Flex hose replacement.
Well service removal and re-installation.
Header removal and re-installation.
Flame arrestor element cleaning.
Knockout vessel de-mister pad cleaning.
Equipment removal, installation and replacement.
Activated Granular Carbon media replacement.
Potassium Permanganate media replacement.
Condensate removal/treatment, and disposal.
Annual treatment facility source testing.
Rule 1150.1 Alternative Monitoring Plan.
Surface crack repairs.
Requests by the City to provide support or consultation to respond to Local
Enforcement Agency (LEA) or State level regulators (meetings, data, engineering).
Based on previous experience with the Waterman Landfill, TT-BAS recommends that the
City make allowance for an annual Non-Routine services budget of $100,000.00 to
accommodate upcoming and future repairs at the site. This budget will need to be
supplemented should major upgrades or repairs to the LFGCCS infrastructure be
required.
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Packet Pg. 641 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 7 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
ASSUMPTIONS AND CONDITIONS
Any annual regulatory fees, which may be required, are not included in this SOW.
Costs for electricity is not included in this SOW.
Carbon and Potassium Permanganate media change out costs not included in the
Routine SOW.
Condensate removal/treatment, and disposal is not included in the Routine SOW.
TT-BAS is not responsible for the methane quality or LFG composition at the site.
Due to the nature of the site, many LFG extraction wells are being operated outside of
the normal and customary operational parameters. Additionally, operation of these
wells at their current status creates an increased risk of inducing composting and or
subsurface fires.
-------------------------------------END OF SCOPE OF WORK-----------------------------------
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Packet Pg. 642 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
Mr. O’Neal
Re: Proposal: Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment Systems at the Waterman
Landfill, San Bernardino, California
September 9, 2020
Page 8 of 8
21700 Copley Drive, Suite 200 • Diamond Bar, CA 91765
Tel (909) 860-7777 Fax (909) 860-8017 www.tetratech.com
J:\Proposals\San Bernardino, City of\p20-XXXX - Waterman LFG OM&M 2020 - 2023\Waterman - OM&M Proposal - 09-09-20 - FINAL.doc
TT-BAS appreciates this opportunity and looks forward to continuing to provide the City of
San Bernardino these important services. Should you have any questions or require further
information, please contact me directly at (909) 706-2150.
Sincerely,
Juan M. Carbajal
Project Manager
Methane Gas Group
Tetra Tech BAS, Inc.
CC: Ghassan Andraos, Tetra Tech BAS, Inc.
Paul Stout, Tetra Tech BAS, Inc.
Sami H Ayass, Tetra Tech BAS, Inc.
Attachment: Tetra Tech BAS, Inc. Labor Rate Sheet
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Packet Pg. 643 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
PERSONNEL
HOURLY
RATE PERSONNEL
HOURLY
RATE
Administrative Assistant $91 Project Clerk $78
CAD Operator / CAD Designer I $98 Project Coordinator $136
Chief Engineering Technician $157 Project Data Analyst $73
Chief of Survey Parties $182 Project Designer $182
Construction Engineering Technician $172 Project Manager $161
Construction Manager I $192 Project Manager I $173
Construction Manager II $210 Project Manager II $197
Construction Supervisor $182 Project Manager III / Client Manager 1 $208
Designer $150 Project Manager IV / Client Manager II $219
Division Engineer I $241 Project Manager V $229
Division Engineer II $254 Project Office Services Clerk $91
Drafter / Senior CAD Designer I $124 Regulatory Compliance Manager $188
Engineer $114 Regulatory Compliance Specialist I $148
Engineer I $128 Regulatory Compliance Specialist II $162
Engineer II $142 Program Director $283
Engineer III $154 Senior CAD Operator / CAD Designer II $108
Engineer IV $169 Senior Construction Manager $242
Engineer V $181 Senior Designer / CAD Manager $164
Engineer VI $196 Senior Drafter / Senior CAD Designer II $136
Engineer VII $207 Senior Engineer I $219
Engineering Technician / Engineer Technician $54 Senior Engineer II $229
Engineering Technician I / Technician 1 $80 Senior Environmental Scientist $194
Engineering Technician II / Technician II $96 Senior Environmental Specialist $172
Engineering Technician III / Sr Technician 1 $106 Senior Planner $175
Engineering Technician IV / Sr Technician II $128 Senior Principal $299
Engineering Technician V / Sr Technician III $139 Senior Project Coordinator $155
Environmental Specialist / Scientist $101 Senior Project Designer $197
Environmental Specialist / Scientist I $112 Senior Project Manager / Client Manager III $238
Environmental Specialist / Scientist II $124 Senior Regulatory Compliance Specialist $180
Environmental Specialist / Scientist III $141 Principal Geologist $262
Environmental Specialist / Scientist IV $154 Project Geologist $154
Environmental Specialist / Scientist V $162 Project Geologist I $172
Landscape Architect 1 $162 Project Geologist II $182
Landscape Architect 1I $197 Senior Geologist I $190
Planner $104 Senior Geologist II $202
Planner I $126 Senior Geologist III $213
Planner II $141 Soils/Asphalt/Field Technician $106
Planning Manager $162 Soils/Asphalt/Field Technician - Prevailing Wage $126
Principal $285 Staff Geologist I $127
Principal Construction Manager $262 Staff Geologist II $137
Principal Engineer $271 Staff Geologist III $147
Principal Solid Waste Planner $258 Supervising Geologist $241
Project Advisor*$175-$350 1-Man Survey Party with GPS $220
2-Man Survey Party $325
Court Appearance (Expert Witness, Deposition) and Overtime Premium is 150% of Personnel Hourly Rate
Rates are Effective October 1, 2020 - June 30, 2023
*Rate for Project Advisor to be based on specialized staff required
SOLID WASTE WEST
(909) 860-7777
SCHEDULE OF CHARGES
An administrative fee of fifteen (15%) will be added to the direct cost of all consultant, vendors, materials, equipment suppliers and any other outside
services to provide for the cost of administration, sub-consultant coordination and insurance.
Page 1 of 3
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Packet Pg. 644 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
(909) 860-7777
Reproduction/Plotting:Xerox Copies $0.10/page
Color Copies $0.50/page
Wide Format Copies $0.30/sq. ft.
Blueprints $0.50/sq. ft.
Bond Plotting -- Black & White $2.00/sq. ft.
Bond Plotting -- Color $4.00/sq. ft.
Vellum Plotting $4.00/sq. ft.
Mylar Plotting $5.00/sq. ft.
Mileage:Personal Vehicle $0.60/mile
Company Vehicle $0.70/mile
Company Vehicles $15.00/hour
Survey Vehicles $15.00/hour
Other Out-of-Pocket Expenses/Supplies/Travel Cost + 15%
Equipment Usage See Attached Schedule
Consultants/Outside Services*Cost + 15%
Construction Services Cost + 15%
Per Diem for Living Expenses Federal Rates
CADD Computer Usage $10.00/hour
Field Computer Services $40.00/week
GPS Survey Equipment Services $200.00/week
* An administrative fee of fifteen (15%) will be added to the direct cost of all consultant, vendors, materials, equipment suppliers and any
other outside services to provide for the cost of administration, sub-consultant coordination and insurance.
5% OF TOTAL PERSONNEL FEES
B. OTHER EXPENSES
REIMBURSABLE CHARGES
Rates are Effective October 1, 2020 - June 30, 2023
In addition to the above charges for professional services (including routine expenses), we require reimbursement for the
following items:
A. IN-HOUSE EXPENSES
OR
Page 2 of 3
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Packet Pg. 645 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services
(909) 860-7777
TYPE OF EQUIPMENT DAY WEEK MONTH
4 Gas Range Meter CH4, H2S, CO, O2 (Sentinel 44)$75 $200 $500
Alpha - 1 Personal Sampling Pump $75 $200 $500
Disposable Bailer $20/each n/a n/a
CO2 Calorimetric Analysis Tubes $40 $125 $250
Downhole Camera $75/hr n/a n/a
Dupont Dosimeter Mark-3 (Personal Sample Pump)$50 $150 $300
Flow Calibrator (Gilian)$50 $150 $300
Gas Extraction Monitor (GEM 500 / 2000 / 2000 Plus)$125 $350 $900
Lung Sampler (Nutech 218)$100 $300 $800
Mini-Ram Data Logger $40 $125 $250
Mini-Ram Dust Meter $50 $150 $300
Organic Vapor Analyzer (OVA128)$125 $400 $1,000
Photo Ionization Detector (OVM580B)$125 $400 $1,000
Sample Train (Gas Extraction Pump)$50 $150 $300
Soil Auger/Sampler $30 $90 $180
Sounder (Liquid Level Indicator)$40 $125 $250
Horiba Meter $50 $200 $400
MiniRae 2000 $75 $200 $500
GT Surveyor $75 $200 $500
Groundwater Sampling Equipment $30/hour n/a n/a
Company Vehicle $120 $480 $1,250
Field Sampling Supplies:100/day n/a n/a
LEVEL C (Per Person)$150 n/a n/a
Respirator with Cartridge (full or half faced)
Tyvek Coveralls, Outer Gloves, Glove Liners, Neoprene Boots
Sand Cone or Nuclear Density Gauge $8/hour n/a n/a
Hand auger and soil sampling equipment $50 n/a n/a
BAT Permeameter $180 n/a n/a
Inclinometer read unit $400 n/a n/a
Floor level manomenter $50 n/a n/a
Moisture vapor emission test kit (material only)$40/kit n/a n/a
Field inspection kit (camera, recorder, GPS)$35 n/a n/a
EQUIPMENT RENTAL RATES
Rates are Effective October 1, 2020 - June 30, 2023
Page 3 of 3
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Packet Pg. 646 Attachment: PW.Tetra Tech PSA OMM.Att1B - Agr Exh A - Waterman - OM&M Proposal - 09-09-20 - FINAL (6904 : Professional Services